HomeMy WebLinkAbout06-05-2024 Final Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, JUNE 05, 2024
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
COUNCIL MEMBER ALEXANDER WILL PARTICIPATE REMOTELY FROM THE FOLLOWING LOCATION:
770 AVERY STREET, SAN BERNARDINO, CA 92404
Theodore Sanchez Helen Tran
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING 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
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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
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p.16
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION(Pursuant to
Government Code Section 54956.9(d)(1):
i. Maliya Guercy v. City of San Bernardino, et al., San Bernardino
Superior Court, Case No. CIVSB2305758
ii. Timothy EmonMoran v. City of San Bernardino, Workers’
Compensation Appeals Board, Case No. ADJ12785217
iii. Hanna Gaby IsidoroOropeza v. City of San Bernardino, San
Bernardino Superior Court, Case No. CIVSB2224327
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Lutheran Social Services Site, 1354 N. G Street, San Bernardino, CA
92405 (APN 014519307, 08, 10, and 22)Agency Negotiator: City Manager, or
designeeNegotiating Parties: Lutheran Social ServicesUnder Negotiation: Price
and Terms of Easement
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim
No. GHC0065668
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Acting City Manager (Acting City ManagerInitiated Goal Setting
Process)
E. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One case.
Mayor and City Council of the City of San Bernardino Page 3
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Presentation of Tree City USA Designation for the City of San Bernardino 2023 (All
Wards) p.18
2. Proclamation for Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride
Month in the City of San Bernardino – June 2024 (All Wards) p.19
PUBLIC HEARING
3. Public Hearing on Annexation No. 43 to Community Facilities District 20191 (Ward 1)
Recommendation: p.21
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024112 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation
No. 43); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024113 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities
District No. 20191 (Maintenance Services) (Annexation No. 43); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC
1638 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected
during Fiscal Year 20232024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 20191 (Maintenance Services);
and
6. Schedule the adoption of Ordinance No. MC1638 for July 17, 2024.
4. Public Hearing on Annexation No. 44 to Community Facilities District 20191 (Ward 3)
Recommendation:p.76
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024114 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation
No. 44); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024115 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities
District No. 20191 (Maintenance Services) (Annexation No. 44); and
Mayor and City Council of the City of San Bernardino Page 4
5. Introduce, read by title only, and waive further reading of Ordinance No. MC
1639 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected
during Fiscal Year 20232024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 20191 (Maintenance Services);
and
6. Schedule the adoption of Ordinance No. MC1639 for July 17, 2024.
5. Public Hearing on Annexation No. 45 to Community Facilities District 20191 (Ward 3)
Recommendation: p.138
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024116 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation
No. 45); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024117 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities
District No. 20191 (Maintenance Services) (Annexation No. 45); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC
1640 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected
during Fiscal Year 20232024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 20191 (Maintenance Services);
and
6. Schedule the adoption of Ordinance No. MC1640 for July 17, 2024.
6. Development Code Amendment 2301 (ShortTerm Rental Program) (All Wards)
Recommendation: p.201
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Introduce for first reading, read by title only, and waive further reading of
Ordinance No. MC1628 of the Mayor and City Council of the City of San
Bernardino, California, adopting the ShortTerm Rental Program, and approving
Development Code Amendment 2301 amending Section 19.02.020 (Basic
Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of
San Bernardino Development Code (SBMC Title 19) in order to establish a
ShortTerm Rental Program in the City of San Bernardino; and finding that
Development Code Amendment 2301 is exempt from review under the
California Environmental Quality Act; and
3. Schedule the adoption of Ordinance No. MC1628 for July 3, 2024.
Mayor and City Council of the City of San Bernardino Page 5
7. Continuation of May 15, 2024, Public Hearing: Presentation of the City Manager’s
Proposed Fiscal Year 2024/25 & Fiscal Year 2025/26 Budget (All Wards) p.254
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Continue the Public Hearing of the proposed Fiscal Years 2024/25 and 2025/26
Operating Budget and Capital Improvement Plan;
2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26
Operating and Capital Improvement Plan presentation.
CITY MANAGER'S REPORT
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
8. Authorize and Appropriate Funding for Animal Services for the Preparation of the
Regional Partnership Agreements (All Wards) p.296
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024096:
1. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 operating budget by $350,000 to cover the cost of salary and benefits of
additional positions added as a result of the Regional Partnership Agreements for
Animal Services; and
2. Increase the Animal Services Department authorized fulltime position count from 40
to 71.
9. Approval of Various Mayor and City Council Meeting Minutes p.365
Recommendation:
It is recommended that the City Council approve the meeting minutes for the following
dates:
1. August 19, 2020, Draft Regular Meeting Minutes;
2. April 6, 2022, Draft Regular Meeting Minutes;
3. April 26, 2022, Draft Special Meeting Minutes;
4. May 4, 2022, Draft Regular Meeting Minutes;
5. June 1, 2022, Draft Regular Meeting Minutes;
6. April 6, 2023, Draft Special Meeting Minutes;
7. January 17, 2024, Regular and Special Meeting Minutes;
8. April 3, 2024, Draft Regular Meeting Minutes; and
9. May 1, 2024 Draft Regular Meeting Minutes.
10. Notice and Call of the General Municipal Election (All Wards) p.493
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
take the following actions to conduct the General Municipal RunOff Election on Tuesday,
November 5, 2024:
1. Adopt Resolution No. 2024118 calling for the holding of a General Municipal Election
to be held on Tuesday, November 5, 2024, for the election of certain officers as
required by the provisions of the San Bernardino City Charter;
2. Adopt Resolution No. 2024119 requesting the Board of Supervisors of the County of
San Bernardino consolidate a General Municipal Election to be held on Tuesday,
November 5, 2024, with the Statewide General Election to be held on the same date
pursuant to section 10403 of the Elections Code;
3. Adopt Resolution No. 2024120 adopting regulations for Candidates for elective office
pertaining to candidate statements submitted to the voters at an election to be held on
Tuesday, November 5, 2024.
Mayor and City Council of the City of San Bernardino Page 6
11. Approve Contract Amendment No. 3 with Renne Public Policy Group (RPPG) for
Grant Writing Services (All Wards) p.508
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the City Manager to execute Amendment No. 3 to the agreement between the City
of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the
agreement for grant consultation services for an amount not to exceed $98,000 for the
extension period of July 1, 2024 through June 30, 2025.
12. Amendment No. 1 to the Professional Services Agreement with Kosmont Real
Estate Services (All Wards) p.516
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
authorize Amendment No. 1 to the Professional Services Agreement with Kosmont Real
Estate Services, a California Corporation, for PreDisposition Real Estate Advisory/Due
Diligence Services, extending the Agreement until June 21, 2025; and authorize the City
Manager to execute Amendment No. 1 with Kosmont Real Estate Services.
13. Amendment Number Nine to the Consulting Services Agreement with Willdan
Engineering for Plan Review, Inspection, Stormwater Management, And Counter
Services (All Wards) p.541
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
approve Amendment No. 9 to the Consulting Services Agreement with Willdan Engineering
for Plan Review, Inspection, Stormwater Management, and Counter Services.
14. 20212029 Housing Element (All Wards) p.541
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2024121, providing direction to City staff to allow projects with at least
20 percent or more units affordable to lower income individuals through a byright process
per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on
Table 45 of the 20212029 Housing Element to be rezoned to accommodate the lower
income RHNA and sites in Appendix A that were identified in the prior planning periods.
15. Amendment No. 2 to the Professional Services Agreement with SCI Consulting for
Cannabis Monitoring and Financial Audit Services (All Wards) p.590
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the City Manager to execute Amendment No. 2 to the Professional Services
Agreement (PSA) with SCI Consulting, extending the PSA into its fifth and final year for
professional consulting services related to Cannabis Monitoring and Financial Audit
Services.
16. Investment Portfolio Report for January, February, and March 2024. (All Wards) p.704
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
accept and file the Monthly Investment January, February, and March 2024 reports.
Mayor and City Council of the City of San Bernardino Page 7
17. Resolutions updating the Bank and Investment Account Signature Authority (All
Wards) p.736
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
and the Mayor and City Council of the City of San Bernardino, California acting in its
capacity as the Successor Agency to the former Redevelopment Agency of the City of San
Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s
bank and investment account signature authority.
18. Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation: p.766
It is recommended that the Mayor and City Council of the City of San Bernardino, California
authorize the City Manager or their designee to execute:
1. Third Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et
al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206
2. Third Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.
City of San Bernardino, et al. US District Court Case No. CIVSB 2226731
19. Annual Renewal of the City’s Risk Management Insurance Policies for FY 2024/25 (All
Wards) p.805
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the annual renewal of the City’s excess general liability insurance, excess
workers’ compensation insurance, crime insurance and cyber insurance; and
2. Authorize the City Manager or designee to execute all related documentation.
20. Library Internet Novation Agreement (All Wards) p.827
Recommendation:
It is recommended the Mayor and City Council of the City of San Bernardino authorize the
City Manager or designee to execute a novation agreement between the Imperial County
Office of Education and the City of San Bernardino for internet access at city libraries.
21. Authorization to apply for funding through the Office of Grants and Local Services
2024 Arts in California Parks, Local Parks grant program (All Wards) p.848
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2024132, authorizing staff to the apply for grant funds from the Office
of Grants and Local Services 2024 Arts in California Parks, Local Parks grant program.
22. Accept State Funds for Park Land Replacement Within the City of San Bernardino
(Ward 1) p.860
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt resolution 2024135:
1. Authorizing the City Manager or his designee to accept state funds administered
through the California Natural Resources Agency for a Park Land Replacement
Project in the amount of $5,000,000; and
2. Authorizing the City Manager or his designee to conduct all negotiations, signing, and
submittals of necessary documents to receive the awarded funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 Operating Budget in the amount of $5,000,000 in both revenue and
expenditures to appropriate the state funds.
Mayor and City Council of the City of San Bernardino Page 8
23. Technical Correction for the 2022 Community Oriented Policing Services (COPS)
Hiring Program Grant (All Wards) p.866
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024133, approving the Director of Finance & Management Services
to amend the Fiscal Year (FY) 2023/24 Operating Budget with an appropriation of
$867,223.23 to both revenues and expenditures in grant funds as part of the previously
approved 2022 Community Oriented Policing Services (COPS) Grant.
24. Authorize the Acceptance, Obligation, and Expenditure of the Allocated Citizens’
Option for Public Safety (COPS) p.897
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No 2024134:
1. Authorizing the acceptance of the FY 2023/24 Citizens' Option for Public Safety
(COPS) funds.
2. Authorizing the Director of Finance & Management Services to amend the
operating budget by $341,808.27 in both revenue and expenses.
3. Authorizing the Police Department to encumber and expend the allocated
Citizens’ Option for Public Safety (COPS) funds for FY 2023/24.
25. Award of Agreement for Construction of Rudy Hernandez Community Center Gym
Flooring Replacement (Ward 1) p.903
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024136; and
1. Approve the award of an Agreement with HUR Flooring Co. in the amount of
$185,578.00 for Rudy Hernandez Community Center Gym Flooring
Replacement (Project); and
2. Authorize the project construction, construction contingencies, construction
management, and administrative costs in the total amount of $225,000.00
(which includes a 20% contingency); and
3. Authorize the Director of Finance and Management Services to amend the FY
2023/24 CIP program and budget with an additional $47,048 from available
Parks and Recreation funds to bring the total project budget to $225,000; and
4. Authorize the City Manager or designee to execute all documents with HUR
Flooring Co.; and
5. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
26. Accept Safe Streets and Roads for All (SS4A) Grant (Wards 1, 2, 6) p.942
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024137, and
1. Authorize the City Manager, or designee, to execute a grant agreement and
any subsequent amendments with the U.S. Department of Transportation in
the amount of $240,800 for the Safe Streets and Roads for All (SS4A) Grant
Program; and
2. Authorize the Director of Finance & Management Services to amend and
appropriate the $240,800 Safe Street and Roads for All (SS4A) Grant Program
award in both revenues and expenditures to the Fiscal Year 2023 – 2024
Operating Budget; and
3. Authorize the Director of Finance & Management Services to amend and
appropriate $60,200 from the Local Regional Circulation Fund in expenditures
to the Fiscal Year 20232024 Operating Budget to satisfy the 20% grant match
Mayor and City Council of the City of San Bernardino Page 9
requirement; and
4. Authorize the Director of Finance & Management Services to amend the
Fiscal Year 2023 – 2027 Capital Improvement Program to add the Safe
Streets and Roads for All (SS4A) Grant Program.
27. Approve Final Tract Map No. 173294 (Ward 5) p.976
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024110
1. Approving Final Tract Map No. 173294 (Subdivision 0540) involving the
subdivision of the project site parcel (APN 034811151) containing
approximately 24.68 acres into twenty (20) single family lots at the northwest
corner of N. Little League Drive and W. Ohio Avenue; and
2. Accepting the public dedications as set forth on said map in attachment No.2;
and
3. Authorizing execution of the standard form of agreement for the subdivision
improvements.
28. Award of Agreement for Construction for Guadalupe Field at Sal Saavedra Park
Revitalization Project (Ward 1) p.1055
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2024138:
1. Approving the award of an Agreement with RG General Engineering, Inc.
in the amount of $1,388,937 for the revitalization of Guadalupe Field at Sal
Saavedra Park (Project); and
2. Authorizing the project construction contingencies, construction
management, and administrative costs in the total amount of $278,000 for
construction of the Project; and
3. Authorizing the Director of Finance and Management Services to amend the
FY 2023/24 CIP budget with an additional $863,851 from available City ARPA
funds to bring the total project budget to $1,666,937.67.
4. Authorizing the City Manager or designee to execute all documents with
RG General Engineering, Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
29. 2024 Fireworks Regulatory Fee Rate (All Wards) p.1212
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024131 of the Mayor and City Council of the City of San Bernardino,
California, setting the 2024 Regulatory Fee Rate of 10% for the sale of "safe and sane"
fireworks in the City of San Bernardino.
DISCUSSION
30. Commercial Cannabis Regulatory Program Update (All Wards) p.1221
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
receive and file the oral report on the Commercial Cannabis Regulatory Program.
31. Approval of the City Manager's FY 2025 & FY 2026 Operating Budget & CIP 2025
2029 (All Wards) p.1239
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024139 of the Mayor and City Council of the City of San
Mayor and City Council of the City of San Bernardino Page 10
Bernardino, California, approving the City of San Bernardino’s Fiscal Years
2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;
2. Adopt annual budgets for Fiscal Years 2024/25 and Fiscal Year 2025/26 with
any City Council approved modifications made during the Public Hearing to be
incorporated into the City of San Bernardino’s Fiscal Years 2024/25
and 2025/26 Operating Budget and Capital Improvement Plan and included as
part of the final adopted budgets;
3. Establish the City’s Appropriations Limit as required by Article XII of the
California State Constitution; and
4. Adopt Resolution No. 2024140 of the Mayor and City Council of the City of San
Bernardino, California, approving an amendment to the citywide salary
schedule for fulltime, parttime, temporary, and seasonal positions.
32. Adopt Resolution Establishing the Homeless Initiatives Ad Hoc SubCommittee (All
Wards) p.1265
Recommendation:
Adopt Resolution No. 2024141 of the Mayor and City Council of the City of San Bernardino,
California, establishing the Homeless Initiatives Ad Hoc SubCommittee.
33. Façade Improvement Grant Program: “Paintbrush Program" (All Wards) p. 1274
Recommendation:
Receive as filed and provide staff direction with program implementation.
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 July 3, 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 11
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that
the agenda for the June 5, 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, May 31, 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 12
NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may
address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 13
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the
City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency may refer any item raised by the public to staff, or to any
commission, board, bureau, or committee for appropriate action or have the item placed on the
next agenda of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor
discussion held by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency on any item which does not appear on the
agenda unless the action is otherwise authorized in accordance with the provisions of
subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has
been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 14
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://reflectsanbernardino.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.
Written public comments will not be read aloud by city staff. Written correspondence
can be accessed by the public online at tinyurl.com/agendabackup .
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair
decides the cutoff time for public comment, and the time may vary per meeting. If you wish to
submit your speaker slip in advance of the meeting, please submit your request to speak
using the form on the following page: https://sbcity.tinyurl.com/mccpubliccomments . Any
requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the
publication of the final agenda until the deadline to submit public comments. Please contact
the City Clerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe.
Written correspondence submitted after the deadline will be provided to the Mayor and City Council
at the following regular meeting.
Mayor and City Council of the City of San Bernardino Page 15
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Sonia Carvalho, City Attorney
Department:City Attorney
Subject:CLOSED SESSION
Recommendation:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1):
i. Maliya Guercy v. City of San Bernardino, et al., San Bernardino Superior
Court, Case No. CIVSB2305758
ii. Timothy Emon-Moran v. City of San Bernardino, Workers’ Compensation
Appeals Board, Case No. ADJ12785217
iii. Hanna Gaby Isidoro-Oropeza v. City of San Bernardino, San Bernardino
Superior Court, Case No. CIVSB2224327
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Lutheran Social Services Site, 1354 N. G Street, San Bernardino, CA
92405 (APN 0145-193-07, 08, 10, and 22)
Agency Negotiator: City Manager, or designee
Negotiating Parties: Lutheran Social Services
Under Negotiation: Price and Terms of Easement
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim
No. GHC0065668
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Acting City Manager (Acting City Manager-Initiated Goal Setting Process)
E. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Case
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn C. Merrill, Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Presentation of Tree City USA Designation for the City
of San Bernardino 2023 (All Wards)
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Proclamation for Lesbian, Gay, Bisexual,
Transgender, Queer+ (LGBTQ+) Pride Month in the
City of San Bernardino – June 2024 (All Wards)
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A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
PROCLAIMING JUNE 2024, AS
LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER+
(LGBTQ+) PRIDE MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino recognizes and proclaims the month of June
2024 as "Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month"; and,
WHEREAS, in honor of the 1969 Stonewall Uprising in Manhattan and the subsequent
first Pride march in New York City in June 1970, each June, Americans come together
to celebrate LGBTQ+ people; and,
WHEREAS, the City of San Bernardino has a diverse LGBTQ+ community and is
committed to supporting visibility, dignity, and equity for all people in the community;
and,
WHEREAS, the City of San Bernardino observes June as a time to celebrate our
dynamic LGBTQ+ community, raise awareness of quality services, and foster a
dialogue to promote healthy, safe, and prosperous school climates and communities for
all; and,
WHEREAS, LGBTQ+ people make vital contributions to and enhance the social and
economic fabric of San Bernardino in the fields of education, law, health, business,
science, research, economic development, architecture, fashion, sports, government,
music, film, technology, literature, civil rights, politics, and more; and,
WHEREAS, because of the acts of courage of the millions who came out and spoke out
to demand justice, and of those who quietly toiled and pushed for progress, our country
has made great strides in recognizing what these brave individuals long knew to be true
in their hearts - that no person should be judged by anything but the content of their
character.
NOW, THEREFORE, BE IT RESOLVED THAT, that the Mayor and City Council of the
City of San Bernardino recognize June as “Lesbian, Gay, Bisexual, Transgender,
Queer+ (LGBTQ+) Pride Month” in the City of San Bernardino to inspire equity, create
alliances, celebrate diversity, and establish safe environments in our schools and
communities throughout the City.
Presented on the 5TH day of June 2024
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Public Hearing on Annexation No. 43 to Community
Facilities District 2019-1 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-112 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 43); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-113 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 43); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1638
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
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6. Schedule the adoption of Ordinance No. MC-1638 for July 17, 2024.
Executive Summary
The recommended actions are the second 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 it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
April 17, 2024, setting today the time and place of the public hearing. 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 April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-068, 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”. A
public hearing was set for June 5, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on April 24, 2024, at 1:10 p.m. in Book 91 Page 59,
Document No. 2024-0095145 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 1.31 gross acres of a vacant lot
within the City, requesting that the City assist them in annexing their property into CFD
No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a 3,596
square-foot Quick Quack Car Wash building and a smaller building for employee use.
The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in
financing certain public improvements by either issuing tax exempt securities that are
repaid by annual levy of special taxes, or to provide for the financing of on-going public
services. The landowner requested the City annex into CFD No. 2019-1 to levy a
special tax to cover the costs associated with the maintenance of public improvements.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Maintenance of streets, including pavement management; and
2. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
3. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
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The proposed area to be annexed into the CFD will be included in Tax Zone 43 and is
located at the southeast corner of 5th Street and G Street, as shown in Attachment
#13.
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%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted April 17, 2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for July 17, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on June 5, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
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pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-112, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-113 declaring the
results of the election.
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
The individual property owners in the CFD will be responsible for annual payments of
special taxes. It is estimated, upon full completion of the development, there will be an
annual collection of special tax revenues of approximately $9,323 from Special Tax A
to be used to pay for maintenance costs within the development. 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 the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-112 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 43); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-113 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 43); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1638
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
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2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1638 for July 17, 2024.
Attachments
Attachment 1 - Resolution No. 2024-112 - Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024 -113 - Resolution Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1638
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 - Proof of Publication Notice of Public Hearing - CFD 2019-1 Annex 43
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.
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April 17, 2024 Mayor and City Council adopted Resolution No. 2024-068, 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”.
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Resolution No. 2024-112
Resolution No. 2024-112
June 5, 2024
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RESOLUTION NO. 2024-112
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
43)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on April 17, 2024, duly adopted Resolution No. 2024-068
(the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-
1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services
and setting a time and place for the public hearing on the proposed annexation for June 5, 2024;
and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 43 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on April 24, 2024, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 59, in the office of the San Bernardino County Recorder;
and
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Resolution No. 2024-112
Resolution No. 2024-112
June 5, 2024
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on June 5, 2024, not earlier than the hour of 4:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested 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; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
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Resolution No. 2024-112
Resolution No. 2024-112
June 5, 2024
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on June 5,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on April 10, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
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Resolution No. 2024-112
Resolution No. 2024-112
June 5, 2024
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 4:00 p.m. on June 5, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on June 5, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-112
Resolution No. 2024-112
June 5, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-112
Resolution No. 2024-112
June 5, 2024
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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. 2024-112, adopted at a regular meeting held on the 5th day of June 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
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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
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EXHIBIT B
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.
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“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 June 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.
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“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.
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“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
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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
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
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)
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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
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
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
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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 Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
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
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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).
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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.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 43
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
PM 20527
Item
1
Description
Lighting
Estimated Cost
$3,288
2
3
4
Streets
Reserves
Admin
$3,950
$1,086
$1,000
$9,323Total
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
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$7,172
Maximum
Special Tax B
$0
TAX ZONE 43
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$7,172
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 44
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 45
Tax
Zone
43
44
45
Tract
APN
PM 20527
PM 18704
PM 20412
Fiscal
Year
2023-24
2023-24
2023-24
Maximum
Special Tax A
$7,172 / Acre
$1,672 / Acre
$1,826 / Acre
Maximum
Special Tax B
$0 / Acre
$0 / Acre
$0 / Acre
Annexation Subdivider
Gateway SB LLC
Paladin Equity SB LLC
GWS #8 Development, LLC
43
44
45
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.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 46
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.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 47
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 48
Packet Page. 49
Packet Page. 50
EXHIBIT C
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 1.30 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: 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 5:00 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. 51
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 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. 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 (including incidental expenses)
which is attached as Exhibit C to Resolution No. 2024-068 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__.
Jian Torkan
Manager
Signature
Print Name
Title
Packet Page. 52
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 43)
June 5, 2024
SPECIAL TAX BALLOT MEASURE:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual
basis at the rates 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 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. 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 (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-068
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 No. 2019-1 (Maintenance Services) in the amount of
special taxes collected?
Packet Page. 53
Resolution No. 2024-113
Resolution No. 2024-113
June 5, 2024
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RESOLUTION NO. 2024-113
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 43)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-112 calling a special election for June 5, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated June 5,
2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in
either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
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.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 54
Resolution No. 2024-113
Resolution No. 2024-113
June 5, 2024
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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-068
adopted by the Mayor and City Council on April 17, 2024. The boundaries of the territory annexed
are shown on the map entitled, "Annexation Map No. 43 Community Facilities District No. 2019-1
(Maintenance Services)" a copy of which was recorded, on April 24, 2024, in Book 91 of Maps of
Assessment and Community Facilities Districts at Page 59, in the office of the San Bernardino
County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. 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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 55
Resolution No. 2024-113
Resolution No. 2024-113
June 5, 2024
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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. 2024-113, adopted at a regular meeting held on the 5th day of June 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. 56
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 43
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated April 10, 2024, and on file in the
office of the City Clerk of the City in connection with the City Council actions on that date. Copies
of the completed waiver and consent form and the completed ballot received by me and on file in
my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Gateway SB LLC 2 2
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 ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 57
Ordinance No. MC-1638
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6
5
3
ORDINANCE NO. MC-1638
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 June 5, 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,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 58
Ordinance No. MC-1638
2
4
6
5
3
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. 59
Ordinance No. MC-1638
3
4
6
5
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 60
Ordinance No. MC-1638
4
4
6
5
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
Ordinance No. MC-1638, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 5th day of June 2024. Ordinance No. MC-1638 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. 61
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. 62
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of June 5, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 63
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39
43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
Packet Page. 64
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. 65
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. 66
Public Hearing
CFD No. 2019-1 Annexation No. 43:
PM 20527 (Gateway SB LLC)
Presented By: Spicer Consulting Group
Packet Page. 67
Public Hearing on CFD 2019-1 Annexation No. 43
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for July 17, 2024.
Packet Page. 68
Public Hearing on CFD 2019-1 Annexation No. 43
Discussion:
•The Property Owner, Gateway SB LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The proposed project will include a 3,596 square foot Quick Quack Car Wash building and a smaller building for employee use. The development was fully approved on April 11, 2023.
•The area proposed within Annexation No. 43 includes six (6) parcels, APNs 0134-101-02 thru 0134-101-06 and 0134-101-28.
•On April 17, 2024, the City Council adopted Resolution No. 2024-068, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 5, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $7,172 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 43.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Packet Page. 69
Public Hearing on CFD 2019-1 Annexation No. 43
Discussion (Cont.):
•The services, which may be funded with proceeds of the special
tax include but are not limited to:
•All costs attributable to Maintenance of median landscaping and other
public improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street
sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax
may be expended to pay administrative expenses and for the collection of
reserve funds.
Packet Page. 70
Project Location
•The property is located on the southeast corner of 5th Street and G Street
•Ward: First Ward
Packet Page. 71
Public Hearing on CFD 2019-1 Annexation No. 43
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$9,323. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
Packet Page. 72
Questions?
Packet Page. 73
G
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CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 43
PROJECT MAP
Packet Page. 74
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004 At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3815132
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
California, under date 06/27/1952, Case No. 73081. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
05/21/2024
05/21/2024
SAN BERNARDINO
!A000006772000!
Email
NOTI CE OF PUB LIC HEARI NG
ON I NTENTIO N TO ANNEX
TERRITORY TO AN EXISTI NG
COMMUNITY FA CILITIES
DISTRI CT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO.43)
NOTICE I S HEREBY GIV EN that
the City Council of the City of San
Bernardino on April 17,2024 adopted
its Resolution No.2024-068,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 HEREB Y FURT HER
GIVEN that the City Council has
fixed 5:00 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:May 16,2024
Genoveva Rocha City Clerk of the
City of San Bernardino
5/21/24
SBS-3 815132#
Packet Page. 75
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Public Hearing on Annexation No. 44 to Community
Facilities District 2019-1 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-114 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 44); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-115 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 44); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1639
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
Packet Page. 76
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1639 for July 17, 2024.
Executive Summary
The recommended actions is the second 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 it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
April 17, 2024, setting today the time and place of the public hearing. 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 April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-069, 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”. A
public hearing was set for June 5, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on April 24, 2024, at 1:18 p.m. in Book 91 Page 60,
Document No. 2024-0095171 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 1.72 gross acres of a parking lot
with landscaping and a dirt lot within the City, requesting that the City assist them in
annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed
project will consist of a four-story extended stay hotel with 114 rooms and a gross
building area of approximately 57,830 square feet. The State legislature enacted the
Mello-Roos Act in 1982 to assist public agencies in financing certain public
improvements by either issuing tax exempt securities that are repaid by annual levy of
special taxes, or to provide for the financing of on-going public services. The landowner
requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs
associated with the maintenance of public improvements. The public facilities and
services proposed to be financed within the territory to be annexed to the District are
the following:
1. Maintenance of parkway landscaping and other public improvements installed
within the public rights-of-way; and
2. Maintenance of streets, including pavement management; and
Packet Page. 77
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 area to be annexed into the CFD will be included in Tax Zone 44 and is
located north of E. Harriman Place, immediately north of 898 E. Harriman Place as
shown in Attachment #12.
The maximum annual special tax for this development has been calculated to be
$1,672 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%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted April 17, 2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for July 17, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on June 5, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
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the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-___, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-___ declaring the
results of the election.
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
The individual property owners in the CFD will be responsible for annual payments of
special taxes. It is estimated, upon full completion of the development, there will be an
annual collection of special tax revenues of approximately $2,875 from Special Tax A
to be used to pay for maintenance costs within the development. 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 the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-114 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 44); and
3. Hold a special landowner election and canvass the election; and
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4. Adopt Resolution No. 2024-115 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 44); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1639
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1639 for July 17, 2024.
Attachments
Attachment 1 - Resolution No. 2024-114- Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-115 - Resolution Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1639
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 - Proof of Publication Notice of Public Hearing CFD 2019-1 Annex 44
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.
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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.
April 17, 2024 Mayor and City Council adopted Resolution No. 2024-069, 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”.
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Resolution No. 2024-114
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RESOLUTION NO. 2024-114
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
44)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on April 17, 2024, duly adopted Resolution No. 2024-069
(the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-
1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services
and setting a time and place for the public hearing on the proposed annexation for June 5, 2024;
and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 44 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on April 24, 2024, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 60, in the office of the San Bernardino County Recorder;
and
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on June 5, 2024, not earlier than the hour of 4:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested 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; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on June 5,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on April 10, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 4:00 p.m. on June 5, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on June 5, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.
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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
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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. 2024-114, 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
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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
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EXHIBIT B
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.
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“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 June 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.
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“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.
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“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
City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
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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
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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:
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 93
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
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)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
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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
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
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
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
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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 Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
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
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
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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).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
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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.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
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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
1
Description
Landscaping
Estimated Cost
$775
2
3
4
Streets $182
$674
$245
$1,000
$2,875
Drainage
Reserves
Admin5
Total
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
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$1,672
Maximum
Special Tax B
$0
TAX ZONE 44
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$1,672
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 99
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 100
Tax
Zone
43
44
45
Tract
APN
PM 20527
PM 18704
PM 20412
Fiscal
Year
2023-24
2023-24
2023-24
Maximum
Special Tax A
$7,172 / Acre
$1,672 / Acre
$1,826 / Acre
Maximum
Special Tax B
$0 / Acre
$0 / Acre
$0 / Acre
Annexation Subdivider
Gateway SB LLC
Paladin Equity SB LLC
GWS #8 Development, LLC
43
44
45
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.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 101
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.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 102
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 103
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EXHIBIT C
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: 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 5:00 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. 106
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 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. 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 (including incidental
expenses) which is attached as Exhibit C to Resolution No. 2024-069 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__.
Midi Kimura
Managing Director
Signature
Print Name
Title
Packet Page. 107
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 44)
June 5, 2024
SPECIAL TAX BALLOT MEASURE:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual
basis at the rates 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 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. 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 (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-
069 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 No. 2019-1 (Maintenance Services) in the
amount of special taxes collected?
Packet Page. 108
Resolution No. 2024-115
Resolution No. 2024-115
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RESOLUTION NO. 2024-115
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 44)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-114 calling a special election for June 5, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated June 5,
2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in
either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
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.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 109
Resolution No. 2024-115
Resolution No. 2024-115
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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-069
adopted by the Mayor and City Council on April 17, 2024. The boundaries of the territory annexed
are shown on the map entitled, "Annexation Map No. 44 Community Facilities District No. 2019-1
(Maintenance Services)" a copy of which was recorded, on April 24, 2024, in Book 91 of Maps of
Assessment and Community Facilities Districts at Page 60, in the office of the San Bernardino
County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. 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 ___ 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. 110
Resolution No. 2024-115
Resolution No. 2024-115
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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. 2024-115, 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. 111
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 44
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated April 10, 2024, and on file in the
office of the City Clerk of the City in connection with the City Council actions on that date. Copies
of the completed waiver and consent form and the completed ballot received by me and on file in
my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Paladin Equity SB LLC 2 2
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 ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 112
Ordinance No. MC-1639
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ORDINANCE NO. MC-1639
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 June 5, 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,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 113
Ordinance No. MC-1639
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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. 114
Ordinance No. MC-1639
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1639
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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-1639, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the ____ day of ______, 2024. Ordinance No. MC-1639 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. 116
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. 117
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of June 5, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 118
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39
43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
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Public Hearing
CFD No. 2019-1 Annexation No. 44:
PM 18704 (Paladin Equity SB LLC)
Presented By: Spicer Consulting Group
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Public Hearing on CFD 2019-1 Annexation No. 44
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for July 17, 2024.
Packet Page. 130
Public Hearing on CFD 2019-1 Annexation No. 44
Discussion:
•The Property Owner, Paladin Equity SB LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The proposed project will include a four-story extended stay hotel with one-hundred fourteen (114) rooms with a gross building area of approximately 57,830 square feet. The development was fully approved on August 29, 2023.
•The area proposed within Annexation No. 44 includes one (1) parcel, APN 0281-361-28.
•On April 17, 2024 the City Council adopted Resolution No. 2024-069, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 5, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $1,672 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 44.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Packet Page. 131
Public Hearing on CFD 2019-1 Annexation No. 44
Discussion (Cont.):
•The services, which may be funded with proceeds of the special tax
include but are not limited to:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may
be expended to pay administrative expenses and for the collection of reserve
funds.
Packet Page. 132
Project Location
•The property is located north of E. Harriman Place, immediately north of 898 E. Harriman Place
•Ward: Third Ward
Packet Page. 133
Public Hearing on CFD 2019-1 Annexation No. 44
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$2,875. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
Packet Page. 134
Questions?
Packet Page. 135
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CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 44
PROJECT MAP
Packet Page. 136
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004 At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3815136
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
California, under date 06/27/1952, Case No. 73081. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
05/21/2024
05/21/2024
SAN BERNARDINO
!A000006772002!
Email
NOTI CE OF PUB LIC HEARI NG
ON I NTENTIO N TO ANNEX
TERRITORY TO AN EXISTI NG
COMMUNITY FA CILITIES
DISTRI CT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO.44)
NOTICE IS HEREB Y GIVEN that
the City Council of the City of San
Bernardino on April 17,2024 adopted
its Resolution No.2024-069,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 HEREB Y FURT HER
GIVEN that the City Council has
fixed 5:00 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:May 16,2024
Genoveva Rocha City Clerk of the
City of San Bernardino
5/21/24
SBS-3 815136#
Packet Page. 137
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Public Hearing on Annexation No. 45 to Community
Facilities District 2019-1 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-116 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 45); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-117 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 45); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1640
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
Packet Page. 138
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1640 for July 17, 2024.
Executive Summary
The recommended actions are the second 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 it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
April 17, 2024, setting today the time and place of the public hearing. 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 April 17, 2024, the Mayor and City Council adopted Resolution No. 2024-070, 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”. A
public hearing was set for June 5, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on April 24, 2024, at 1:23 p.m. in Book 91 Page 61,
Document No. 2024-0095204 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 15.29 gross acres of industrially
zoned property within the City, requesting that the City assist them in annexing their
property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will
consist of an industrial warehouse building. The State legislature enacted the Mello-
Roos Act in 1982 to assist public agencies in financing certain public improvements by
either issuing tax exempt securities that are repaid by annual levy of special taxes, or
to provide for the financing of on-going public services. The landowner requested the
City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with
the maintenance of public improvements. The public facilities and services proposed
to be financed within the territory to be annexed to the District are the following:
1. Maintenance of 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
Packet Page. 139
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 area to be annexed into the CFD will be included in Tax Zone 45 and is
located at the northwest corner of Lena Road and Norman Road as shown in
Attachment #13.
The maximum annual special tax for this development has been calculated to be
$1,826 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%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted April 17, 2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for July 17, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on June 5, 2024, on
the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act,
the Mayor and City Council must hold the public hearing and consider any protests
against the formation of the CFD. If the owners of one half or more of the land within
Packet Page. 140
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-116, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-117 declaring the
results of the election.
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
The individual property owners in the CFD will be responsible for annual payments of
special taxes. It is estimated, upon full completion of the development, there will be an
annual collection of special tax revenues of approximately $27,913 from Special Tax A
to be used to pay for maintenance costs within the development. 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 the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-116 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 45); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-117 of the Mayor and City Council of the City of San
Packet Page. 141
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 45); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1640
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1640 for July 17, 2024.
Attachments
Attachment 1 - Resolution No. 2024-116- Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2024-117- Resolution Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1640
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 - Exhibit E - Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 - Proof of Publication Notice of Public Hearing - CFD 2019-1 Annex
45
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
Packet Page. 142
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.
April 17, 2024 Mayor and City Council adopted Resolution No. 2024-070, a
Resolution of Intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”.
Packet Page. 143
Resolution No. 2024-116
Resolution No. 2024-116
June 5, 2024
Page 1 of 6
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RESOLUTION NO. 2024-116
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
45)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on April 17, 2024, duly adopted Resolution No. 2024-070
(the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-
1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services
and setting a time and place for the public hearing on the proposed annexation for June 5, 2024;
and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 45 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on April 24, 2024, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 61, in the office of the San Bernardino County Recorder;
and
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Resolution No. 2024-116
Resolution No. 2024-116
June 5, 2024
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on June 5, 2024, not earlier than the hour of 4:00 p.m. at the
Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested 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; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
Packet Page. 145
Resolution No. 2024-116
Resolution No. 2024-116
June 5, 2024
Page 3 of 6
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on June 5,
2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on April 10, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
Packet Page. 146
Resolution No. 2024-116
Resolution No. 2024-116
June 5, 2024
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 4:00 p.m. on June 5, 2024. The City Clerk shall have available ballots that may be marked at
the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on June 5, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-116
Resolution No. 2024-116
June 5, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-116
Resolution No. 2024-116
June 5, 2024
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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. 2024-116, adopted at a regular meeting held on the 5th day of June 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
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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
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EXHIBIT B
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.
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“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 June 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.
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“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.
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“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
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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
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
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)
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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
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(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
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
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
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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 Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
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
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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).
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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.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 160
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
1
Description
Landscaping
Estimated Cost
$1,709
2
3
4
Lighting
Streets
Reserves
Admin
$8,564
$11,858
$3,320
5 $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
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$1,826
Maximum
Special Tax B
$0
TAX ZONE 45
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$1,826
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 161
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 162
Tax
Zone
43
44
45
Tract
APN
PM 20527
PM 18704
PM 20412
Fiscal
Year
2023-24
2023-24
2023-24
Maximum
Special Tax A
$7,172 / Acre
$1,672 / Acre
$1,826 / Acre
Maximum
Special Tax B
$0 / Acre
$0 / Acre
$0 / Acre
Annexation Subdivider
Gateway SB LLC
Paladin Equity SB LLC
GWS #8 Development, LLC
43
44
45
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.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 163
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.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 164
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 165
Packet Page. 166
Packet Page. 167
EXHIBIT C
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. 168
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. 2024-070 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. 169
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 45)
June 5, 2024
SPECIAL TAX BALLOT MEASURE:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual
basis at the rates 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. 2024-070
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 No. 2019-1 (Maintenance Services) in the amount of
special taxes collected?
Packet Page. 170
Resolution No. 2024-117
Resolution No. 2024-117
June 5, 2024
Page 1 of 3
4
6
9
5
RESOLUTION NO. 2024-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 45)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-116 calling a special election for June 5, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated June 5,
2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in
either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
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.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 171
Resolution No. 2024-117
Resolution No. 2024-117
June 5, 2024
Page 2 of 3
4
6
9
5
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-070
adopted by the Mayor and City Council on April 17, 2024. The boundaries of the territory annexed
are shown on the map entitled, "Annexation Map No. 45 Community Facilities District No. 2019-1
(Maintenance Services)" a copy of which was recorded, on April 24, 2024, in Book 91 of Maps of
Assessment and Community Facilities Districts at Page 61, in the office of the San Bernardino
County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. 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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 172
Resolution No. 2024-117
Resolution No. 2024-117
June 5, 2024
Page 3 of 3
4
6
9
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. 2024-117, adopted at a regular meeting held on the 5th day of June 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. 173
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 45
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated April 10, 2024, and on file in the
office of the City Clerk of the City in connection with the City Council actions on that date. Copies
of the completed waiver and consent form and the completed ballot received by me and on file in
my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Paladin Equity SB LLC 16 16
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 ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 174
Ordinance No. MC-1640
1
4
6
9
8
ORDINANCE NO. MC-1640
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 June 5, 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,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 175
Ordinance No. MC-1640
2
4
6
9
8
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. 176
Ordinance No. MC-1640
3
4
6
9
8
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 177
Ordinance No. MC-1640
4
4
6
9
8
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-1640, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 5th day of June, 2024. Ordinance No. MC-1640 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. 178
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. 179
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of June 5, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 180
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39
43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
Packet Page. 181
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. 182
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. 183
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
(Provide Legal Description)
Packet Page. 184
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. 185
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
(Please Provide a Current Parcel Map)
Packet Page. 186
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Packet Page. 191
Public Hearing
CFD No. 2019-1 Annexation No. 45:
PM 20412 (GWS #8 Development LLC)
Presented By: Spicer Consulting Group
Packet Page. 192
Public Hearing on CFD 2019-1 Annexation No. 45
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for July 17, 2024.
Packet Page. 193
Public Hearing on CFD 2019-1 Annexation No. 45
Discussion:
•The Property Owner, GWS #8 Development LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The proposed project will include an industrial warehouse building. The development was fully approved on May 25, 2022.
•The area proposed within Annexation No. 45 includes twenty-nine (29) parcels, APNs 0280-171-01 thru -11, 0280-161-03, 0280-161-05 thru -18, 0280-161-30, 0280-151-27 and 0280-151-28.
•On April 17, 2024, the City Council adopted Resolution No. 2024-070, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 5, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $1,826 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 45.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Packet Page. 194
Public Hearing on CFD 2019-1 Annexation No. 45
Discussion (Cont.):
•The services, which may be funded with proceeds of the special tax
include but are not limited to:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may
be expended to pay administrative expenses and for the collection of reserve
funds.
Packet Page. 195
Project Location
•The property is located at the northwest corner of Lena Road and Norman Road
•Ward: Third Ward
Packet Page. 196
Public Hearing on CFD 2019-1 Annexation No. 45
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$27,913. All costs associated with the annexation is borne by
the Developer. There is no fiscal impact to the City’s General
Fund.
Packet Page. 197
Questions?
Packet Page. 198
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. 199
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004 At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3815138
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
California, under date 06/27/1952, Case No. 73081. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
05/21/2024
05/21/2024
SAN BERNARDINO
!A000006772004!
Email
NOTI CE OF PUB LIC HEARI NG
ON I NTENTIO N TO ANNEX
TERRITORY TO AN EXISTI NG
COMMUNITY FA CILITIES
DISTRI CT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO.45)
NOTICE I S HEREBY GIV EN that
the City Council of the City of San
Bernardino on April 17,2024 adopted
its Resolution No.2024-070,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 HEREB Y FURT HER
GIVEN that the City Council has
fixed 5:00 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:May 16,2024
Genoveva Rocha City Clerk of the
City of San Bernardino
5/21/24
SBS-3 815138#
Packet Page. 200
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochella Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director Economic Development
Department:Economic Development
Subject:Development Code Amendment 23-01 (Short-Term
Rental Program) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Introduce for first reading, read by title only, and waive further reading of Ordinance
No. MC-1628 of the Mayor and City Council of the City of San Bernardino,
California, adopting the Short-Term Rental Program, and approving Development
Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions –
Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino
Development Code (SBMC Title 19) in order to establish a Short-Term Rental
Program in the City of San Bernardino; and finding that Development Code
Amendment 23-01 is exempt from review under the California Environmental
Quality Act; and
3. Schedule the adoption of Ordinance No. MC-1628 for July 3, 2024.
Executive Summary
This agenda item is the first reading of the proposed Short-Term Rental Program, a
program to provide property owners with short-term rental opportunities. This would
include the management of the number of units, address the potential impacts of short-
term rentals, and allow for the future collection of Transit Occupancy Tax (TOT) similar
to hotels. The fiscal impact is estimated to be a potential annual future contribution of
approximately $324,000 in TOT to the City’s General Fund.
Packet Page. 201
Background
On December 13, 2022, the Planning Commission received and filed an update on the
state of short-term rentals in the City and forwarded a recommendation to the Mayor
and City Council to direct staff to develop a regulatory scheme for short-term rentals
within the City’s residential districts.
On January 18, 2023, the Mayor and City Council recommended that staff work to
adopt a regulatory scheme for Short-Term Rentals.
On February 27, 2023, the Planning Commission received a report from staff and
conducted a workshop to provide direction to staff that included or considered items to
regulate Short-Term Rentals.
On November 14, 2023, Development Code Amendment 23-01 was continued by the
Planning Commission to the meeting of December 12, 2023.
On December 12, 2023, the Planning Commission, by a unanimous vote, adopted
Resolution No. 2022-031PC forwarding a recommendation (Attachment 3) that the
Mayor and City Council approve Development Code Amendment 23-01, amending
Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential
Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to
establish a Short-Term Rental Program in the City of San Bernardino; and found that
Development Code Amendment 23-01 was exempt from review under the California
Environmental Quality Act.
On February 21, 2024, staff took forward a recommendation to the Mayor and City
Council for the adoption of a regulatory scheme for Short-Term Rentals. At that
meeting, staff was directed to conduct additional analysis on enforcement measures
and the effects of a Short-Term Rental Program on the City’s housing market.
Discussion
A Short-Term Rental (STR) refers to a residential dwelling unit, that is offered or
provided to a paying guest by a short-term rental operator for thirty (30) or fewer
consecutive nights. The term "short-term rental" does not include a hotel, motel, inn,
or bed and breakfast inn.
Statewide STRs are a part of California’s tourism market, but when left unregulated,
they can lead to unwanted negative effects caused by those uses, such as excessive
noise and parking problems within existing residential neighborhoods. As such, many
communities have recently adopted or proposed restrictions on STRs. Restrictions can
include establishing designated areas for STRs, limiting the number of days a year a
property can be rented, or banning STRs entirely.
The City of San Bernardino does not currently have an ordinance that expressly
regulates STRs and has experienced the negative effects of excessive noise, parking
problems and discarded trash on surrounding properties, resulting in numerous
Packet Page. 202
complaints, creating a threat to the public interest, health, safety, convenience, and
welfare of the community. While the demand for vacation rental units within the City is
evident, it is necessary to establish regulations that will provide a reasonable balance
between the short-term rental operations and the recognized need to protect the
residential character of existing neighborhoods.
Table 1 below provides a summary of the proposed regulations for short-term rental
operations.
TABLE 1: SUMMARY OF PROPOSED SHORT-TERM RENTAL PROGRAM
Program Type •Whole Home / Property Vacation Rental Only
Registration Permit
•Annual Permit Required
•1 License per Property Owner
•Property can be owned by individuals & non-individuals
(Corp, LLC, Trust) if proof of connection to the property
owner can be established
Fees •Permit Fee to range between $500 - $775*
•*Fee is based on Cost Recovery and may change
Density
•4 Bedroom / 8 Occupant Max
•Not to Exceed (NTE) 8 Occupants Per Stay (2 people per
bedroom)
•Not to Exceed (NTE) 12 People on the property at one time
Length of Stay •No Minimum # of Days
•Max 29 Day Stay / NTE 120 Days in a Calendar Year
Property Type
•Eligible Types: Primary Residence SFR, Condo, Guest
House *SFR with Detached Guest House to be rented as
one unit
•Properties within High Fire Zones DO NOT qualify to
participate
Inspection
•In-person property inspection to be conducted as part of the
application process
•Inspection to be done annually at time of renewal
Noise
•Default to Municipal Code Noise Control
•Quiet hours from 10 p.m. – 8 a.m.
•Outdoor Noise Monitoring Device Required
Parking •Limited to On-Site Parking Only in designated spaces
Enforcement
•STR Property Identification
•24hr Concern/ Complaint Hotline
•Owner/Agent must respond to complaints within 60 Minutes
•Default to Municipal Code – Code Enforcement Procedures
•Violations & Administrative Citations will be issued
•3 Violations will result in Non-Renewal of Permit
Packet Page. 203
Fines
•Progressive Administrative Citation Penalties
•1st Admin Citation (Per Violation) = $100
•2nd Admin Citation (Per Violation) = $200
•3rd Admin Citation (Per Violation) = $500 & Non-Renewal of
Permit
Transit Occupancy
Tax /
Transient Lodging
Tax
•All permits subject to Transient Occupancy Tax (TOT)
•*Pending election to amend Ordinance No. MC-1484
Additional Items
•Good Neighbor Policy Brochure required to be provided to
and signed by each renter and kept on-site
•Copy of Permit with the number of guests allowed to be
posted at the house
•In-person or virtual check-in allowed
•Must have a 24hr phone number listed for Property
Owner/Agent
•Cannot have a restricted affordable housing covenant
•Change of property ownership requires a new application
•Evidence of Property Insurance / Commercial Insurance
specifically for STR $500k minimum limit/occurrence
Proposed Amendment
In order to ensure that short-term rentals are compatible with the neighborhoods in
which they may be located, this amendment will update definitions and establish
development and operational standards regulating short-term rentals in the City of San
Bernardino.
Development Code Amendment 23-01 amends SBMC Title 19, as summarized below:
§ Chapter 19.02 (Basic Provisions), Section 19.02.050 (Definitions) is updated to add
definitions for those terms used specifically within the Short-Term Rental Program
(Attachment A, Exhibit A).
§ Chapter 19.04 (Residential Zones), Table 04.01 (Permitted and Conditionally
Permitted Uses) is updated to add short-term rentals as a permitted use within all
single-family and multi-family zones (Attachment A, Exhibit B).
§ Chapter 19.04 (Residential Zones), Section 19.04.030(2)(W) (Residential Zones
Specific Standards – Short-Term Rentals) is added to establish development and
operational standards for short-term rentals (Attachment A, Exhibit C).
The Police Department has reviewed the regulations contained within the proposed
Development Code Amendment 23-01 and has concluded that none of the proposed
changes pose any challenges to enforcement.
Packet Page. 204
Implementation
The regulations governing short-term rentals will take effect 30 days following approval
of Development Code Amendment 23-01 by the Mayor and City Council. As currently
written, the ordinance does not provide for any exemptions for rentals with an existing
business license. All properties currently operating as a short-term rental will be
required to register and obtain a Short-Term Rental Permit. The City will send all
properties potentially operating as a short-term rental a letter notifying them of the
newly adopted regulations and will provide operators with 60 days to comply or face
enforcement measures.
Property owners of Short-Term Rentals may be responsible for reporting and paying
into the City’s Transient Lodging Tax/Transit Oriented Tax (TOT). In order for the City
to impose this tax on STRs, the City is required to amend and update Ordinance No.
MC-1484, which outlines regulations on the collection of the City’s TOT. Staff plans to
bring forward an updated Ordinance for public consideration to the next eligible
election. Once approved and certified, reporting and collection of TOT would be
effective the first day of the first quarter following the election (January 1, 2025).
Staff members may exercise the option to postpone the commencement of the
program from the effective date, aiming to finalize an agreement with a software
platform that will facilitate the seamless implementation of the Short-Term Program
regulations. This decision allows for a more comprehensive and efficient integration of
the necessary tools and resources for the program's successful launch.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
housing development, as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.
Land Use Goal 2.2: Promote development that integrates with and minimizes impacts
on surrounding land uses.
San Bernardino contains a wide range of neighborhoods accommodating an
assortment of lifestyles. Each neighborhood has, or can have, its own unique character
that is a source of pride for the residents. Neighborhood character is defined by many
factors: what the neighborhood looks like, safety and security, maintenance of streets
and green spaces, and more. But more importantly, neighborhood character is an
image in the minds of those who live and work there and in the perceptions of those
who visit.
The rise of short-term rentals within the City has created the need to establish
regulations to ensure the compatibility between short-term rentals and the residential
character of neighborhoods in which they may be located in order to mitigate any
potential conflicts that may arise from their operation.
Packet Page. 205
The adoption and implementation of Development Code Amendment 23-01 is
consistent with the City’s General Plan by allowing for the development of Short-Term
Rentals within residential zones in a manner that will prevent negative impacts to the
existing residential neighborhoods and the community at large.
California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with the
proposed Development Code Amendment 23-01 and concluded that it is exempt from
CEQA under Section 15061(b)(3) (Common Sense Exemption) of the CEQA
Guidelines due to the fact that the proposed Development Code Amendment will not
create significant effects on the environment as it establishes standards for the rental
of existing residential properties in areas zoned for residential use.
2021-2025 Strategic Targets and Goals
Development Code Amendment 23-01 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 program will update the Development
Code to establish standards to help protect the residential character of neighborhoods
in which short-term rentals may be located. The amendment to the Development Code
will ensure consistency with the City’s land use designations as required by the City’s
General Plan.
Fiscal Impact
There is no immediate General Fund impact associated with this item. Once adopted,
and Ordinance No. MC-1484 has been amended, this item has the future potential to
contribute approximately $324,000 into the General Fund Transit Occupancy Tax.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Introduce for first reading, read by title only, and waive further reading of
Ordinance No. MC-1628 of the Mayor and City Council of the City of San
Bernardino, California, adopting the Short-Term Rental Program, and approving
Development Code Amendment 23-01 amending Section 19.02.020 (Basic
Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of
San Bernardino Development Code (SBMC Title 19) in order to establish a
Short-Term Rental Program in the City of San Bernardino; and finding that
Development Code Amendment 23-01 is exempt from review under the
California Environmental Quality Act; and
3. Schedule the adoption of Ordinance No. MC-1628 for July 3, 2024.
Attachments
Attachment 1 Ordinance No. MC-1628 (Approving Development Code
Packet Page. 206
Amendment 23-01)
Attachment 2 Ordinance No. MC-1628 Exhibit A-C
Attachment 3 Planning Commission Resolution 23-043 from December 12, 2023
Attachment 4 PowerPoint - DCA 23-01 for Short-Term Rentals
Attachment 5 Newspaper Publication
Ward:
All Wards
Synopsis of Previous Council Actions:
January 18, 2023 The Mayor and City Council recommended that staff work to
adopt a regulatory scheme for Short-Term Rentals.
February 21, 2024 The Mayor and City Council directed staff to conduct
additional analysis on the impacts of short-term rentals and
further define enforcement actions.
Packet Page. 207
Ordinance No. MC-1628
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ORDINANCE NO. MC-1628
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING
THE SHORT-TERM RENTAL PROGRAM, AND APPROVING
DEVELOPMENT CODE AMENDMENT 23-01 AMENDING
SECTION 19.02.020 (BASIC PROVISIONS – DEFINITIONS)
AND CHAPTER 19.04 (RESIDENTIAL ZONES) OF THE CITY
OF SAN BERNARDINO DEVELOPMENT CODE (SBMC
TITLE 19) IN ORDER TO ESTABLISH A SHORT-TERM
RENTAL PROGRAM IN THE CITY OF SAN BERNARDINO;
AND FINDING THAT DEVELOPMENT CODE AMENDMENT
23-01 IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, in recent years there has been an increase in privately-owned residential
properties being used as short-term rentals in the City; and
WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the
demand for City services and create adverse impacts in residential zones; and
WHEREAS, the City has determined that there should be a reasonable balance between
the regulation of short-term rental operations and the recognized need to protect the residential
character of neighborhoods in which they may be located; and
WHEREAS, on December 13, 2022, the Planning Commission received and filed an
update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor
and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City’s
residential districts; and
WHEREAS, on January 18, 2023, the Mayor and City Council recommended that staff
work to adopt a regulatory scheme for short-term rentals; and
WHEREAS, on February 27, 2023, the Planning Commission heard a report from staff
and conducted a workshop to provide staff direction to include or consider items to regulate short-
term rentals; and
WHEREAS, Development Code Amendment 23-01 is a City-initiated amendment to
Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the
city of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term
Rental Program in the City of San Bernardino; and
WHEREAS, the Planning Division of the Community Development Department of the
City of San Bernardino has prepared Development Code Amendment 23-01 in compliance with
the California Government Code, consistency with the City of San Bernardino General Plan, and
compliance with the City of San Bernardino Development Code; and
Packet Page. 208
Ordinance No. MC-1628
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WHEREAS, on November 14, 2023, pursuant to the requirements of Section 19.52.040
(Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code,
the Planning Commission held a duly-noticed public hearing at which interested persons had an
opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at
which meeting, the Planning Commission considered Development Code Amendment 23-01.
Upon conclusion of the public hearing the Planning Commission continued the item to allow staff
time to address comments raised during the public hearing; and
WHEREAS, on December 12, 2023, 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 the duly-noticed continued public hearing and adopted Resolution
No. 2023-043 recommending the adoption of the Development Code Amendment 23-01 to the
Mayor and City Council; and
WHEREAS, notice of the February 21, 2024, public hearing for the Mayor and City
Council's consideration of Development Code Amendment 23-01 was published in The Sun
newspaper on February 10, 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 23-01.
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
23-01 and this Ordinance No. MC-1628 will result in a significant effect on the environment, and
thus the project is exempt pursuant to Section 15061(b) 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 23-01
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 23-01 is consistent with the General Plan,
as follows:
Packet Page. 209
Ordinance No. MC-1628
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Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique
Neighborhoods.
Land Use Goal 2.2: Promote development that integrates with and
minimizes impacts on surrounding land uses.
San Bernardino contains a wide range of neighborhoods accommodating an
assortment of lifestyles. Each neighborhood has, or can have, its own unique
character that is a source of pride for the residents. Neighborhood character
is defined by many factors: what the neighborhood looks like, what it feels
like, how well it is maintained, etc. But more importantly, it is an image in
the minds of those who live and work there and in the perceptions of those
who visit.
The rise of short-term rentals within the City has created the need to
establish regulations to ensure the compatibility between short-term rentals
and the residential character of neighborhoods in which they may be located
in order to mitigate any potential conflicts that may arise from their
operation.
The adoption and implementation of Development Code Amendment 23-
01 is consistent with the City’s General Plan by allowing for the
development of Short-Term Rentals within residential zones in a manner
that will prevent negative impacts to the existing residential neighborhoods
and the community at-large.
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 23-
01 is in the interest or furtherance of the public health, safety, convenience,
and general welfare through the establishment of regulations that will
preserve the residential characteristics of residential zoning districts and
mitigate the harm to the residential zoning districts that result from short-
term rentals.
SECTION 4.Adoption of Ordinance. Development Code Amendment 23-01 to amend
Section 19.02.020 (Definitions) and Chapter 19.04 (Residential Zones) of the City of San
Bernardino Municipal Code (Title 19), attached hereto and incorporated herein by reference as
Exhibit “A” through “C”, 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
Packet Page. 210
Ordinance No. MC-1628
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certifying the City’s compliance with the California Environmental Quality Act in approving
Development Code Amendment 23-01.
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
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. 211
Ordinance No. MC-1628
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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- 1628, introduced on June 5, 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. 212
EXHIBIT A
Development Code Section 19.02.050
(Definitions)
19.02.050 (Definitions) shall be modified to read as follows:
Agent. A person or entity, who does not hold any interest in the property and who has authority to
act on behalf of the owner.
Bedroom. A room designed primarily for sleeping that meets the definition of the California
Building Codes currently adopted by the City.
Check-in. The arrival of a guest at a vacation-rental property or agent’s office.
Guest House. Living quarters, having no kitchen facilities, located on the same premises with a
main building and occupied for the sole use of members of the family, temporary guest, or persons
permanently employed on the premises. This definition shall not include ADUs built subject to
Section 19.04.030(2)(P) (Accessory Dwelling Units).
Home-Sharing. The rental of bedrooms in a residential unit for a term of 29 or fewer consecutive
days while the owner of the unit is present and living in the unit.
Hosting Platform. A person or entity who participates in vacation rentals by collecting or
receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking
transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com,
Airbnb.com, homestay.com and other internet and non-internet-based services that facilitate
bookings for a fee.
Multi-Family Residential. Two (2) or more dwelling units in a single building on a site.
Owner. A person or entity, who holds record fee title to the property, except that “owner” does
not include the holder of a leasehold interest in the property.
Responsible Party. The lessee of a vacation-rental property.
Short-Term Rental or Short-Term Rental Property. A residential dwelling unit that is leased
for a term of 29 or fewer consecutive days.
Packet Page. 213
EXHIBIT B
Development Code Section 19.04.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)
19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01
(Residential Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall
be modified to read as follows:
TABLE 04.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
LAND USE ACTIVITY RE RL RS RU RM RMH RH RSH
1. Residential Uses
A. Community Care Facility (6 or less) P P P P P P P X
B. Condominium or Townhouse D D D D D D D X
C. Convalescent Homes X X X C D D D X
D. Day Care Center C C C C C C C X
E. Day Care Homes, Family
8 or less children P P P P P P P X
9 to 15 children D D D D D D D X
F. Dormitories/Fraternity/Sorority X X X X C C C X
G. Homeless Facilities X X X X C C C X
H. Manufactured Housing D D D D D D D X
I. Mobile Home Parks or Subdivisions D D D D D D D X
J. Multi-Family Dwellings X X X D D D D X
K. Multi-Family Dwellings, Existing X X X P P P P X
L. Planned Residential Developments X X X D D D D X
M. Second Accessory Dwelling Unit P P P P P P P P
N. Senior Citizen/Congregate Care Housing X X X D D D D X
O. Single-Family Dwellings D D D D D D D X
P. Single-Family Dwellings, Existing P P P P P P P X
Q. Small Lot Subdivision X X X D D D D X
R. Student Housing Complex X X X X X X X C
R. Short-Term Rentals P P P P P P P X
Packet Page. 214
EXHIBIT C
Development Code Section 19.04.030(2)
(Residential Zones Specific Standards)
19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific
Standards) shall be modified to read as follows:
TABLE 04.03
RESIDENTIAL ZONES SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2
A. Accessory Structure + + + + + + + + + +
B. Day Care Facility + + + + + + + + + +
C. Day Care Home, + + + + + + +
Large Family
D. Density Bonus/Affordable + + + + + + + + + +
Housing or Amenities
E. Front/Rear Yard + + + + +
Averaging
F. Golf Courses & Related + + + + + + +
Facilities
G. Guest House + + + +
H. Minimum Room Size + + + + + + + + + +
I. Minimum Dwelling Size + + + + + + + + + +
J. Mobile Home & + + + + + + +
Manufactured Housing
K. Mobile Home Park or + + + + + + +
Subdivision
L. Multiple Family Housing + + + + + +
M. Multi-Family Housing, + + + +
Existing
N. Planned Residential +
Development
O. Recreational Vehicle + + + + + + +
Storage
P. Second Accessory
Dwelling Unit + + + + + + +
Q. Senior Citizen/ + + + + + + +
Congregate Care Housing
R. Single-Family Dwellings, + + + + + + + + + +
Existing
S. Small Lot Subdivisions +
T. Social Service Uses/ + + + + + +
Centers
U. Vocational/Trade Schools +
V. Student Housing Complex +
W. Urban Lot Splits + + +
X. Two-Unit Projects + + +
Y. Short-Term Rentals + + + + + + +
Key: “+” applies in the zone.
Packet Page. 215
EXHIBIT C
19.04.030(2) shall be modified to read as follows:
Y. Short-Term Rentals
1. Permit Required.
a. A current, valid annual permit issued by the City to the owner is required for each
property prior to advertising, offering to lease, or leasing the property as a short-
term rental property. A copy of the permit shall be posted inside of the rental
property.
b. No permit issued pursuant to the requirements of this section shall be transferred
to any other person. Change of ownership of a property with a short-term rental
permit shall require filing of a new application.
c. No permits shall be issued for home-sharing.
2. Eligibility.
a. Short-term rentals may be permitted in any residential zone which permits single-
family residential uses, and which is developed with an existing single-family
residence.
b. No short-term rental shall be permitted at any property located within a
designated high-fire area.
c. No permits for a short-term rental shall be issued to any property subject to a
restricted affordable housing covenant.
d. No permits for a short-term rental shall be issued to any ADU permitted in
accordance with Section 19.04.030(2)(P).
e. No short-term rental property shall be rented for a cumulative period exceeding
120 days within any calendar year (January 1 – December 31).
3. Procedure.
a. An owner shall apply to the City for a license annually for each short-term rental
property and pay a fee established by Resolution, which may be amended from
time to time. The City shall provide an application form and list of application
and insurance requirements.
b. Any application for a property owned by a corporation or corporate person of any
kind (partnership, LP, LLC, C corp, S corp, trust, etc.) shall be submitted only by
a person authorized to submit such application.
Packet Page. 216
EXHIBIT C
c. An owner may not hold more than one permit, and may renew that permit, unless
they have been revoked or not renewed. Applications for renewal shall be
submitted a minimum of 30-days of permit expiration.
d. Owner shall comply with pre-licensing & renewal inspection requirements prior
to issuance of license / permit or renewal.
4. Operational Requirements.
a. The owner and owner’s agent shall ensure that the vacation-rental property
complies with all applicable codes regarding fire, building and safety, health and
safety, zoning, lighting, and all other laws and regulations.
b. Guest check-ins may be performed in person or virtually by the owner/agent. The
responsible party must be provided with a copy of the City’s Good Neighbor
Policy prior to or during check-in and a signed copy kept on file by the
owner/agent. An additional copy shall be made available on-site.
c. Overnight occupancy of the short-term rental property shall always be limited to
the number stated on the permit. Such occupancy shall not exceed two adults per
bedroom; but the total number of persons may not exceed 8 persons per stay.
d. The maximum number of people permitted at the property shall not exceed 12
people at one time.
e. No party, wedding, or other large social gathering exceeding the maximum
capacity allowed under Section 19.04.030(2)(Y)(4)(d) of this Chapter shall be
permitted at a short-term rental property.
f. No radio receiver, musical instrument, phonograph, loudspeaker, sound
amplifier, or other any machine or device for the producing or reproducing of any
sound may be operated on the vacation-rental property unless it is within a fully
enclosed structure and is not audible at the property line of the vacation-rental
property pursuant to Chapters 8.54 and 9.48 on the Municipal Code.
g. All short-term rental properties shall install a noise monitoring device capable of
alerting the owner/agent in the case of outdoor noise in excess of 65 decibels
(dBs).
h. Parking is allowed only in designated driveways and garages and is not allowed
in the yard or street at any time.
i. The owner shall include notice to the responsible party of the requirements of this
section and post a visible notice of these requirements at the property.
j. The property owner/agent shall make available to the responsible party a 24/7
contact number in case of emergency. This number shall be available at the
property.
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EXHIBIT C
k. Any complaints registered against a property shall be responded to within 60
minutes of notification by the City to the owner/agent.
l. Upon the request of the City, the owner/agent shall respond in person at the short-
term rental property within 60 minutes of dispatch of notice by the City to correct
a violation of this section or any other provision of the Municipal Code.
5. Agent. An owner may grant authority to an agent to act on behalf of the owner for
purposes of fulfilling some or all the requirements of this chapter. The owner shall give
prior written notice to the City of any grant of authority, including the identity and
contact information for the agent. The owner shall promptly give the City prior written
notice of any change to any such grant of authority. The use of an agent shall not excuse
the owner from the owner’s obligations of this chapter. Agents and owners fulfilling
any of the requirements of this chapter shall be annually certified by the City.
6. Transient Occupancy Tax.
a. If approved by the voters, beginning January 1, 2025, the owner is responsible
for collecting and remitting transient occupancy tax to the City and shall comply
with all provisions of Chapter 3.55 of the Municipal Code
b. If approved by the voters, beginning January 1, 2025, hosting platforms shall be
responsible for collecting all applicable transient occupancy taxes and remitting
the same to the City. The hosting platform shall be considered an agent of the
host for purposes of transient occupancy tax collections and remittance pursuant
to Chapter 3.55 of the Municipal Code.
c. Owners shall be responsible for submitting transient occupancy tax forms
reporting nightly stays and gross receipts even if a hosting platform is remitting
the taxes due on their behalf.
d. Permit holders making two or more late submittals in a 12-month period shall not
have their license renewed upon expiration.
7. Inspections and Audits.
a. Each owner/agent shall comply with pre-licensing & renewal inspection
requirements prior to issuance of permit or renewal. Property inspection is
required to verify that the subject property is in compliance with the standards of
this section and the Municipal Code.
b. Each owner/agent shall provide the City, upon request, with access to the short-
term rental property and to such related records, documents, tax returns, and bank
accounts at any time during normal business hours as the City may determine are
necessary for the purpose of inspection or audit to determine that the objectives
and conditions of this section are being fulfilled.
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EXHIBIT C
8. Hosting Platform Responsibilities.
a. Subject to applicable laws, hosting platforms shall, upon written request by the
City, promptly disclose to the City each vacation-rental property listing located
in the City, the host ID, listing ID, and names of the persons responsible for each
such listing, the address of each such listing, the length of stay for each such
listing, and the price paid for each stay.
b. A hosting platform shall promptly remove any listing upon receipt of a take-down
notice from the City indicating that a listing violates applicable legal
requirements.
c. A hosting platform is responsible for collecting and remitting transient occupancy
taxes on behalf of their hosts beginning January 1, 2025, in accordance with
Subsection 6 above.
d. A hosting platform shall require all hosts to include a valid license number in a
designated field dedicated to the license number no later than January 1, 2025.
9. Violations and Penalties.
a. Any owner or permit holder in violation of any requirements of this section shall
be subject to the enforcement provisions of Chapter 9.93 of the Municipal Code.
b. Permit holders who received three violations shall not have their license renewed
upon expiration.
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Development Code Amendment 23-01
Short-Term Rental Program
Presented By: Stephanie Castro, Project Manager
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Background:
December 13, 2022:
Planning Commission forwarded a recommendation to Council to
support the development of regulations
January 18, 2023:
Mayor & City Council directed staff to develop regulations
February 27, 2023:
Planning Commission STR Workshop
February 21, 2024:
Mayor & City Council directed staff to conduct analysis on
enforcement measures and the impact to the housing market.
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Program Overview:
Program Type
Whole Home/Property Vacation Rental Only
Must be a “Primary Resident” Property – No Commercial
Properties
Cities with “Primary Resident” requirement:
•Los Angeles
•Malibu
•San Francisco
•New York
•Portland
•Denver
•Boulder
•New Orleans
From the Experts:
•Easier to enforce
•Does not deplete housing
stock
•Remains eligible for
Homestead Exemption
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Program Overview:
Registration Permit:
Annual Permit Required
1 License Per Property Owner / Primary Resident
Property can be owned by Individuals & Non-Individuals if proof of connection to
the property owner can be established (Corp., LLC or Trust)
Fees:
Permit fee estimated to range between $500 - $775*
*Fee is based on cost recovery and is subject to change
Fees will be established by Resolution at a future Mayor & City Council meeting
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Program Overview:
Density:
4 Bedroom / 8 Occupancy Max
NTE 8 Occupants Per Stay
NTE 12 People Per Day at one time
Length of Stay:
No Minimum # of Days
Maximum 29 Day Stay / NTE 120 Days in a Calendar Year
Property Type:
SFR, SFR w/ Guest House and Condo
Properties within a High Fire Zone DO NOT qualify to participate
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Program Overview:
Property Type - High Fire Zone
CalFire Public Zoning Map
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Program Overview:
Inspection:
In-Person Property Inspection to be conducted with each new Application
Inspection to be done annually with each Renewal Application
Transit Occupancy Tax:
All permits subject to TOT
Voter Ballot Initiative during the next Eligible Election
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Program Overview:
Noise:
Default to Municipal Code
Noise Control
Quiet Hours from 10pm – 8am
Outdoor Noise Monitoring Device
Required
Device notifications start between
70dB – 75dB
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Program Overview: Enforcement
Platform Enforcement:
STR Property Identification
•Prior to accepting applications, properties identified to be operating as a STR
will be notified of the program, new regulations, and be given an opportunity
to come into compliance.
24hr Concern / Complaint Line:
•Supported by Platform
•Communicates directly with the Property Owner/Agent
•Property Owner/Agent must respond to concerns/complaints within 60
minutes
•Can route/direct calls to the Police Department (Noise Complaints) after
previous steps have taken place.
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Program Overview: Enforcement
City Enforcement:
Code Enforcement acts as the 3 rd level of Enforcement
1 Registered/Booked Stay = 1 Notice of Violation (NOV) @ No Cost
•Property Owner not responding to Noise Monitoring Device
•Property Owner not responding to Platform Notifications
•Exceeding the number of people allowed on site
•Parking in excess of allowed spaces
Other NOV’s can include
•Properties operating out of compliance / without a permit
Notice of Violations serve as a warning to correct activity.
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Program Overview: Enforcement
City Enforcement:
Progressive Administrative Citation Penalties
•1st Admin Citation (Per Violation) = $100
•2nd Admin Citation (Per Violation) = $200
•3rd Admin Citation (Per Violation) = $500 & Non-Renewal of Permit
•Ex. 1st Admin Cite (3 Violations) = $300
3 Admin Citations, while permit is active, will result in Non-Renewal of Permit
Police Department:
Police Department will follow the established call procedures for noise
complaints and other reported criminal activity.
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Program Overview:
Additional Items:
•Good Neighbor Brochure required to be provided to renter, and kept on-site
•Copy of Permit w/# of guests allowed to be posted at the house
•In-Person or Virtual Check-In
•Must have a 24hr phone number listed for Property Owner/Agent
•Cannot have a restricted affordable housing covenant
•Change of property ownership requires a new application
•Evidence of Property Insurance / Commercial Insurance specifically for STR
$500k min limit/occurrence
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Additional Analysis
San Bernardino STR Market:
Estimated 270 Short Term Rentals in San Bernardino
Properties / Listings
During months of January, March, August & October historically there has
been a spike of an estimated 20 to 40 additional STR’s. This would
represent an 8% to 15% increase during those months. *Historical data does
not necessarily dictate future results.
Insomniac Events in the City
Countdown - January
Beyond Wonderland – March
Hard Summer – August
Escape - October
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Additional Analysis
Air BnB
April 12-14
Filters:
Entire Home
House
41 listings
Price Range
$120 - $975
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Additional Analysis
Air BnB
Memorial Day Weekend
May 24-27
Filters:
Entire Home
House
48 listings
Price Range
$90 - $975
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Additional Analysis:
Based on a national average, STR’s increase rent in a jurisdiction by $125 per
month.
National Bureau of Economic Research, UCLA, and University of Southern
California, published a research paper concluding that “a 10% increase in Airbnb
listings leads to a 0.42% increase in rents and a 0.76% increase in house prices.
Moreover, we find that the effect of Airbnb is smaller in zip codes with a larger
share of owner-occupiers, a result consistent with absentee landlords taking their
homes away from the long-term rental market and listing them on Airbnb.”
STR’s have had a conservative growth of 17% annually since 2011. While past
results don’t necessarily determine future trends, there are some estimates that
show STR’s will grow by an estimated 11% to 19% annually through 2032. This
means STR’s will continue to effect rent prices & home prices in their respective
jurisdictions.
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Additional Analysis:
Harvard Business Review – February 2024
“Short-Term Rentals are not the biggest contributor to rising rents”
Lack of Housing Units
Growing Demand for Housing
Heightened Construction Costs
“Governments wishing to ensure Short-Term Rentals won’t reduce housing
affordability can design regulations…” to do just that
Primary Resident Property
UCLA Anderson Review – February 2024
“Hotels across categories and sizes benefited when laws restricted short-term
rentals, according to the study findings. On average, hotels in areas with restrictions
on short-term home rentals reported a 3.5% larger revenue increase than in places
without restrictions.
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Program Processing:
1.City Staffing:
•Economic Development
•Planning
•Building & Safety
•Code Enforcement
•Business Registration
•Police Department
2.Software Platform:
•Electronic Application Process
•STR Property Identification
•Continued Monitoring
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Next Steps:
Draft
Regulations
Software
Platform Fee Study
Planning
Commission
Mayor &
City Council
Program
Implementation
Ballot
Nov 2024
Implementatio
n of TOT in
2025
Platform Selection
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Recommendation:
It is recommended that the Mayor and City Council:
1.Introduce for first reading, read by title only, and waive further reading of
Ordinance No. MC-1628 of the Mayor and City Council of San
Bernardino, California, adopting the Short-Term Rental Program, and
approving Development Code Amendment 23-01; and
2.Schedule the adoption of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on July 3, 2024
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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, June 5, 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 23-01 – A City-initiated amendment to Section 19.02.020
(Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino
Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San
Bernardino.
Environmental Determination: Categorically Exempt, pursuant to Section 15061(b)(3) (Common
Sense 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: May 20, 2024
Publish: May 25, 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.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Suzie Soren, Deputy City Manager;
Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Continuation of May 15, 2024, Public Hearing:
Presentation of the City Manager’s Proposed Fiscal
Year 2024/25 & Fiscal Year 2025/26 Budget (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Continue the Public Hearing of the proposed Fiscal Years 2024/25 and 2025/26
Operating Budget and Capital Improvement Plan;
2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26
Operating and Capital Improvement Plan presentation.
Executive Summary
The City Manager’s Proposed Budget provides the Mayor and City Council with a
budget for the Fiscal Years 2024/25 and 2025/26. This report is a continuation of the
Public Hearing held on May 15, 2024.
Background
Section 701 of the City Charter provides that the City Manager shall prepare
and submit a proposed budget to the Mayor and City Council for the ensuing fiscal
year. Article VII in Section 703 furthers states that Council shall publish a general
summary of the budget and CIP and hold one (1) or more public hearings. After the
public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by
the Council before the beginning of each fiscal year.
Discussion
The presentation provided to the Mayor and City Council tonight is a continuation of
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the Public Hearing that was held on May 15, 2024.
Staff has provided the Mayor and City Council with three attachments in this Public
Hearing in response to the prior Public Hearing held on May 15, 2024:
•Attachment 3 - Employee control document showing approved full-time
positions that are filled or vacant;
•Attachment 4 - Comparison of the proposed budget with the status quo budget;
and
•Attachment 5 - Strategic Initiatives Employee control document showing
approved full-time positions that are filled or vacant.
2021-2025 Strategic Targets and Goals
The proposed budget review aligns with all key targets of the City Council’s Strategic
Plan. Funding projects and programs at every level of the organization ensures that
the City can achieve the goals and priorities established by the Mayor and City Council.
Fiscal Impact
There is no direct fiscal impact from receiving the presentation of the Proposed Budget
for Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement
Plan. Approval of the budget allocates the available resources to programs, services,
and departments for the upcoming fiscal years.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Continue the Public Hearing of the proposed Fiscal Years 2024/25 and 2025/26
Operating Budget and Capital Improvement Plan;
2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26
Operating and Capital Improvement Plan presentation.
Attachments
1. Attachment 1 – May 15, 2024 Public Hearing Staff Report
2. Attachment 2 – Public Hearing Notice
3. Attachment 3 - FY 2023-24 Authorized Personnel Summary
4. Attachment 4 - General Fund by Dept w- Status Quo Budget
5. Attachment 5 - Strategic Initiatives Approved Positions Update
Ward:
All Wards
Synopsis of Previous Council Actions:
May 15, 2024 Mayor and City Council held a Public Hearing for the presentation
of the City Manager’s Fiscal Years 2024/25 and 2025/26 Proposed Operating Budget
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and Capital Improvement Plan.
April 17, 2024 Mayor and City Council received and filed the Fiscal Years 2024/25
and 2025/26 City Manager’s Proposed Operating Budget and Capital Improvement
Plan.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:May 15, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Suzie Soren, Deputy City Manager
Jeannie Fortune, Deputy Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Presentation of the City Manager’s Proposed Fiscal Year
2024/25 and Fiscal Year 2025/26 Budget (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Conduct the Public Hearing on the proposed Fiscal Years 2024/25 and 2025/26
Operating Budget and Capital Improvement Plan;
2. Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26
Operating and Capital Improvement Plan presentation and provide direction to
staff.
Executive Summary
The City Manager’s Proposed Budget provides the Mayor and City Council with a
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
Section 701 of the City Charter provides that the City Manager shall prepare
and submit a proposed budget to the Mayor and City Council for the ensuing fiscal
year. The Budget provides a financial plan for all City funds and activities for the
upcoming fiscal year and includes a multi-year capital plan. This year, the City will
propose a new biennial budget that encompasses Fiscal Years 2024/25 and 2025/26.
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
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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
The Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Budget
recommendations were guided by the Mayor and City Council’s Strategic Targets and
Goals for the City of San Bernardino. The four overarching categories of these Targets
and Goals are:
•Improved Operational and Financial Stability
•Focused, Aligned Leadership and Unified Community
•Improved Quality of Life
•Economic Growth & Development
The purpose of the public hearing this evening is to review and discuss the proposed
biennial budgets for Fiscal Years 2024/25 and 2025/26 (Attachment 1). The proposed
budget contains a full review of the estimated available resources and the
recommended allocations of these resources. The budget document (Attachment 1)
provides an in-depth look at the programs and services provided by the city and allows
the Mayor and City Council to make critical policy decisions.
The overview provided in this report includes a forecast of revenues, expenditures,
and a review of fund balance for the General Fund, the capital improvement plan,
including ongoing projects, and proposed additions. A brief overview of the proposed
comprehensive budget totals across all funds is also described below.
To ensure transparency in the budgeting process, the City of San Bernardino has
made the full proposed budget available online through our partners at OpenGov here:
https://stories.opengov.com/sanbernardinoca/published/RcJljI4Ai Proposed Fiscal
Years 2025 & 2026 Budget Book.
Overview of FY 2024/25 and FY 2025/26 Proposed Budget – All Funds
The FY 2024/25 Proposed Budget totals $331.7 million in revenues and $312.7 million
in expenditures, and the FY 2025/26 Proposed Budget totals $350.4 million in
revenues and $330.1 million in expenditures across all budgeted funds. These
amounts reflect an increase of approximately 15.7% in revenues and 18.1% in
expenditures from the FY 2023/24 Adopted Budget of $286.7 million in revenues and
$262.9 million in expenditures.
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FY 2024/25 & FY 2025/26 TOTAL PROPOSED BUDGET
The City's Budget includes governmental, proprietary, and internal service funds,
including grants and other restricted funds designated for specific services and
purposes provided by the higher levels of government (i.e., Federal, State, and County
governments and agencies). Many of the City’s special and restricted funds receive
ongoing revenue streams, while some are one-time competitive grants and require
careful monitoring and record-keeping.
In some instances, a fund may have available fund balances that have accumulated
over time and are expended as the need arises and/or to complete specific projects
within assigned timeframes. As such, the Budget contains many separate funds with
specific accounting and reporting requirements per government regulations and, in
some cases, statutes.
The City’s General Fund is not restricted and can be used to provide a broad array of
public services. It is comprised of multiple revenue sources, including taxes, for
example, property tax, sales and use tax, transaction and use tax (Measure S),
transient occupancy tax (hotel tax), cannabis sales tax and others, user fees, fines,
facility rentals, development-related fees, and other miscellaneous revenues.
Operating Budget – All Funds
The Proposed Budget increase of over $47.8 million, or 18.1%, for a total of $312.7
million in the Operating Budget portion of the FY 2024/25 and FY 2025/26 Budget
across all funds is primarily attributed to addressing the City Council’s goal of
Focused, Aligned Leadership, unified Community, and Improved Quality of Life. The
most notable increases are Animal Services, with an increase of $5.7 million in
expenditures, and the Liability Fund, with an increase of $11.7 million in expenditures.
Capital Budget – All Funds
The Capital Budget of $13.2 million and $17.5 million in FY 2024/25 and FY 2025/26,
respectively, across all funds, reflects the City’s Capital Improvement Program (CIP)
Budget. Additional details regarding the CIP Budget were presented at the April 17,
Fund Adopted
2023-24 FY 2024-25 Proposed FY 2025-26 Proposed
Revenues
General Fund Revenues 208,349,947$ 236,603,800$ 253,166,066$
Other Fund Revenues 78,368,978$ 95,076,919$ 97,268,983$
Tot al Proposed Revenues 286,718,925$ 331,680,719$ 350,435,049$
Expendi t ures
General Fund Expendi tures 198,758,027$ 237,733,763$ 252,961,302$
Other Fund Expendi tures 64,125,084$ 74,988,484$ 77,164,377$
Tot al Proposed Expendi t ures 262,883,111$ 312,722,247$ 330,125,679$
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2024, Preliminary Proposed session and will be explained in much greater detail in
the CIP section of the FY 2024/24 and FY 2025/26 Adopted Budget Book.
Overview of FY 2024/25 and FY 2025/26 Proposed Budget – General Fund
The Proposed FY 2024/25 and FY 2025/26 General Fund Operating Budgets total
$237.7 million in FY 2024/25 and $253.0 million in FY 2025/26. This reflects an
increase of 19.6% from the FY 2023/24 Adopted Budget of $198.8 million. Despite a
budgeted use of fund balance of $1,129,963 in FY 2024/25, the budget reflects a small
surplus of $204,764 in FY 2025/26, continuing the positive trajectory for the General
Fund. The budgeted use of fund balance in FY 2024/25 supports the additional
positions added through the FY 2023/24 Mid-Year follow-up item, as well as additional
items proposed by City Council.
General Fund Revenue Highlights
The FY 2024/25 and FY 2025/26 Proposed Budget for General Fund Revenues totals
$236.6 million and $253.2 million respectively. FY 2024/25 represents a 13.6%
increase from the FY 2023/24 Adopted Budget. Measure S (transaction and use tax)
and Sales and Use Tax continue to be the main revenue sources within the General
Fund, representing 47% of the total revenues for both fiscal years. These revenue
sources have stabilized from the levels seen during the pandemic; the forecast
includes a 1-5% increase in FY 2024/25 and FY 2025/26 over the FY 2023/24 Adopted
Budget.
Several revenue categories within the General Fund are expected to continue to
increase, such as investment income, use of money and property, utility user tax, other
taxes, and licenses and permits. These revenues are used to cover public safety,
parks and community services, development services, and other activities and
programs.
Below is a table with the forecast revenues for FY 2024/25 and FY 2025/26.
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Sales and Use Tax and Measure S (Transaction and Use Tax)
Sales and Use Tax in the City of San Bernardino represents 25% of the total General
Fund revenues and is estimated to be $58.6 million and $62.7 million in FY 2024/25
and FY 2025/26, respectively. Measure S in the City of San Bernardino represents
23% of the total General Fund revenues and is estimated to be $53.6 million and $57.3
million in FY 2024/25 and FY 2025/26, respectively. Fairly strong job numbers and the
relatively low unemployment rate allowed consumer spending to remain solid in FY
2023/24, and the City continues to see strong performance in these categories while
much of the State is in a period of decline.
Cannabis Tax
Cannabis Tax revenue came in under budgetary expectations for FY 2022/23.
Statewide, cannabis tax collections are down by 9.5% for the calendar year 2023,
primarily attributed to illegal operators cutting into the sales of legal operations and
consequently diminishing the amount of tax collected on legal sales. Analysts predict
that statewide crackdowns on illegal operators should mitigate this somewhat in the
next couple of years. Locally, legal operators, with the exception of one who is no
longer in possession of a city license to operate, are up to date with their payments.
FY 2023/24 is anticipated to end the year with $2,800,000 in total cannabis tax
collections. Cannabis Tax in FY 2024/25 and 2025/26 is budgeted at $3,460,800 and
$3,703,056, respectively. While these are significant increases, they should not be
unrealistic if the state is working to resolve the issue of illegal operations.
Investment Income and Use of Money and Property
The Investment Income and Use of Money and Property categories represent just
under 2% of the total General Fund revenues but have significant increases from the
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FY 2023/24 Adopted Budget. Investment income is estimated to be approximately
$1.0 million in FY 2024/25 and FY 2025/26, compared to the $540,000 adopted in FY
2023/24. Use of Money and Property is estimated to be $2.6 million and $2.8 million
in FY 2024/25 and FY 2025/26, respectively, compared to the $604,000 adopted in
FY 2023/24. These increases are indicative of the higher interest rates in the current
market. As the City invests strategically and higher interest rates continue, this
category of revenue is likely to trend upward.
Utility User Tax
The Utility User Tax (UUT) category represents 12.2% of the total General Fund
revenues and is estimated to be $28.9 million and $30.9 million in FY 2024/25 and FY
2025/26, respectively. This category is estimated to see a 38% increase from the FY
2023/24 Adopted Budget due to the increase in energy prices related to inflation and
other factors impacting the cost of providing utilities. As the city continues to invest in
economic development, increased commercial and industrial activity results in higher
utility consumption, which drives additional UUT. This tax has been trending
downward over time and is not anticipated to continue to increase over the long term.
Both residential and commercial consumers are investing in solar, working toward
energy efficiency, and engaging in energy-conserving behaviors.
Licenses & Permits
The Licenses & Permits category consists of various fees for licensing for businesses,
building permits, construction permits, etc., and represents 7% of the total General
Fund revenue. This category is estimated to be $17.0 million and $18.2 million in FY
2024/25 and FY 2025/26, respectively, which is a 33% increase from the FY 2023/24
Adopted Budget. Though interest rates remain high, San Bernardino remains one of
the most affordable cities in California for housing. Increases in new homes and
population drive developer-related fees and other ancillary revenues like taxes when
new businesses follow new residential developments.
General Fund Expenditure Highlights
The Proposed General Fund Budget for FY 2024/25 and FY 2025/26 includes total
expenditures of $237.7 million and $253.0 million, respectively. Of this amount, 63.2%
of the total budgeted expenditures are personnel-related costs such as full-time
salaries, part-time salaries, health insurance, CalPERS retirement, and CalPERS
unfunded liability. These amount to $150.3 million and $161.4 million for FY 2024/25
and FY 2025/26, respectively, an increase of over 21.3% altogether from the FY
2023/24 Adopted Budget of $131.4 million. 33.6% of the total budgeted expenditures
are related to ongoing maintenance, operation, contractual, legal, internal service
charges, and capital costs. These account for $79.8 million and $82.8 million for FY
2024/25 and FY 2025/26, respectively, an increase of over 30% altogether from the
FY 2023/24 Adopted Budget of $63.0 million. The remaining 3.2% of the total
expenditures are related to from the General Fund to the Animal Services Fund. In FY
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2024/25 and FY 2025/26, the estimated transfer from the General Fund into Animal
Services is $7.7 million and $8.5 million annually. The FY 2024/25 and FY 2025/26
Proposed Budget for expenditures includes the following significant items:
•An increase of $1.0 million to the Legal Services department to better align with
the anticipated expenses in the next few years while several high-profile cases
move towards completion;
•An increase of $10.0 million in internal service charges to the General Fund to
support the Liability Fund;
•A $1.3 million increase in utilities, driven by higher utility costs discussed above;
•A $1.5 million increase in Community Development & Housing to support the
implementation of the General Plan update;
•A $1.3 million increase in building maintenance within Public Works to support
the Strategic Initiative of increased security services to secure public spaces;
•A $4.4 million increase in the annual required CalPERS unfunded liability
payment;
•A $1.0 million increase in the annual required CalPERS contribution;
•Positions increased by $1.4 million during the FY 2023/24 Mid-Year follow-up
item.
The following table summarizes the estimated expenditures for the General Fund FY
2023/24 year-end and the proposed expenditures for FY 2024/25 and 2025/26 by
department. The individual department increases beyond existing service levels, and
staffing follows.
De partme nt FY 2023/24
Year-End Proje cted
FY 2024/25
Proposed
FY 2025/26
Proposed
Mayor 305,812$ 403,756$ 425,651$
City Council 1,092,321 1,243,619 1,300,847
City Clerk 1,748,820 1,942,869 1,994,357
Legal Services 5,304,826 5,181,587 5,536,580
General Government 11,734,400 10,420,266 13,194,135
City Manager's Office 3,440,261 5,243,556 5,805,481
Human Resource & Risk Management 2,975,837 2,784,522 3,042,376
Finance & Management Services 5,580,156 6,612,496 7,241,806
Economic Development -1,785,363 2,002,329
Community Development & Housing 12,092,145 15,004,584 16,413,508
Police 116,734,761 132,847,479 138,329,846
Parks Recreation & Community Services 5,224,619 6,000,401 6,389,934
Public Works 31,164,575 35,591,030 37,647,120
Library Services 2,924,322 4,975,030 4,952,282
Special Assessment District 114,321 150,000 150,000
Capital Improvement Operating Contribution 2,000,000 --
Transfer out to Animal Services 4,269,976 7,547,205 8,535,050
Total General Fund Expenditures 206,707,152$ 237,733,763$ 252,961,302$
CITY OF SAN BERNARDINO PROPOSED EXPENDITURES
FY 2024/25 & FY 2025/26
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Personnel Costs
During Fiscal Year 2023/24, 103 positions were added, excluding any positions added
through grants. As part of the Strategic Initiatives proposed in Fiscal Year 2023/24,
the City added 35 positions. To enable Animal Services to adequately serve the
anticipated doubling of the Regional Partnerships for Animal Services, the City added
34 positions, 3 of which are included in the 35 added with the Strategic Initiatives.
Fiscal Year 2024/25 marks the last year of MOUs entered into beginning in 2021 with
all bargaining units. The City is currently undergoing a comprehensive classification
and compensation study; the potential impact of this study was considered during the
development of the biennial budget. The staff that serves the City of San Bernardino
is a vital resource to both the organization and the community, and it is an important
step to ensure that our compensation and benefits packages are competitive in the
marketplace. The collective impact of adding new positions increases salaries,
benefits, and, ultimately, pension liability, all of which impact the General Fund
operating budget.
Beginning FY 2024/25, the total authorized full-time equivalent positions will be 942,
exclusive of City Council Members and the Mayor.
Mayor
The April 17, 2024, budget workshop indicated that the proposed amount for the City
Council in FY 2024/25 and FY 2025/26 amounts were $316,585 and $328,257,
respectively. The City Council has proposed the addition of one (1) full-time
Administrative Assistant within the Mayor’s Office to allow for adequate support of the
Mayor. Currently, there is only one (1) support staff member within the Mayor’s Office.
This change in the Mayor’s personnel makes the new proposed budget for FY 2024/25
and FY 2025/26 $403,756 and $425,651, respectively. The Mayor’s Office proposed
full-time equivalent positions will be increased by one (1), bringing the authorized
personnel count to two (2), exclusive of the Mayor.
City Council
The April 17, 2024, budget workshop indicated that the proposed amount for the City
Council in FY 2024/25 and FY 2025/26 amounts were $1,219,448 and $1,266,453,
respectively. After feedback from the Mayor and City Council regarding their increased
budgets for Meetings and Conferences, the City Manager has revised their travel
budgets to increase by 10% from their previous budget of $6,000 as opposed to
doubling their total travel budget, bringing each Ward’s travel budget to $6,600.
Furthermore, City Council has proposed the addition of two (2) full-time Administrative
Assistant within the Council Office to allow for adequate support of the Council
Members. Currently, there are only two (2) support staff members within the Council
Office. This change in the City Council’s budget makes their new proposed budget for
FY 2024/25 and FY 2025/26 $1,243,619 and $1,300,847, respectively. The Council
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Office proposed full-time equivalent positions will be increased by two (2), bringing the
Council Office authorized personnel count to four (4), exclusive of City Council
members.
City Clerk
On April 17, 2024, during the FY 2024 Mid-Year follow-up item, the Mayor and City
Council authorized the addition of one (1) Records Management Specialist within the
Department. The FY 2024/25 impact for this position is $101,497, and $5,000 for IT
and other miscellaneous costs, bringing the total impact to $106,497. The total FY
2025/26 cost is forecasted to be $113,618. The Department’s proposed full-time
equivalent positions will be 9.
City Manager’s Office
The City Manager’s Office proposed FY 2024/25 and FY 2025/26 budget increase is
due to the positions approved by City Council FY 2023/24. These positions consist of
two (2) Deputy City Managers, one (1) Auditor I, one (1) Auditor II, and one (1)
Legislative & Government Affairs Manager. This change in the City Manager
personnel makes the new proposed budget for FY 2024/25 and FY 2025/26
$5,243,556 and $5,805,481, respectively.
Community Development & Housing
The Mayor and City Council also requested the inclusion of two (2) additional
Community Development Technicians to complete permit checks during the April 17,
2024, budget workshop. The FY 2024/25 cost for a Community Development
Technician, inclusive of both salaries and benefits, is $92,816, and $5,000 for IT and
other miscellaneous costs, the cost for two positions for FY 2024/25 is $195,632. The
forecasted cost for FY 2025/26 is $220,566. With the addition of the above and the
transfer out of Real Property Services to Economic Development, the Department’s
full-time equivalent positions will be increased to 76.
Economic Development
Economic Development is a new department, added with the Strategic Initiatives. A
director has yet to be hired as of the writing of this report. The initial plan was to add
a director, three (3) managers, and an administrative assistant, as well as transfer
three (3) existing full-time positions: a manager, a project manager, and a specialist
from Community Development & Housing, for a total of eight (8) positions. In February
of 2024, a Deputy Director position was added, and Real Estate Services, with three
(3) positions, was also transferred from Community Development.
Public Safety - Police
The Police Department's focus areas are quality of life for the community, public
engagement, organizational effectiveness, employee development, recruitment, and
retention.
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The Police Department added thirteen (13) critical positions during FY 2024, 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. On April 17, 2024, during the FY 2023/24 Mid-Year follow-up
item, the Mayor and City Council authorized an addition of eleven (14) positions within
the department. These positions consisted of six (6) Community Service Officers, five
(5) Police Record Technicians, and three (3) Police Dispatchers. The FY 2024/25 cost
for the fourteen (14) positions, inclusive of both salaries and benefits, is $1,073,135,
and $70,000 for IT and other miscellaneous costs, bringing the total cost for FY
2024/25 is $1,143,135. The total forecasted cost for FY 2025/26 is $1,283,679.
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. With the addition of the dispatchers
through the FY 2023/24 Mid-Year follow-up item, the Police department is requesting
the addition of one (1) Civilian Range Master, one (1) Police Records Manager, one
(1) Police Dispatch Supervisor, and one (1) Police Dispatch Manager. The FY 2024/25
cost for the four (4) positions, inclusive of both salaries and benefits, is $649,658, and
$42,797 for IT and other miscellaneous costs, bringing the total cost for FY 2024/25
to $692,455. The forecasted cost for FY 2025/26 is $757,485.
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 significant amount of time that
could be better used within the community. A custody transport service will transport
multiple individuals at once, removing the need for patrol officers to take this time from
their patrol duties.
The Police Department’s FY 2024/25 Proposed Budget is $132,847,479, a 10.6%
increase over FY 2023/24 Amended Budget. 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 2023,
accounts for another 13%. With the addition of the above, the Department’s full-time
equivalent positions will be increased to 478.
Parks, Recreation and Community Services
Focus areas for the Parks, Recreation and Community Services Department include
improvements to the City’s parks and 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.
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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 added with the intent to improve
the quality of service to the community and the ability of our Parks and Recreation
staff to provide service within our parks.
Parks and Recreation has four (4) Program Coordinator positions that are currently
grant-funded through December 31, 2024. The City is proposing that these four (4)
positions be fully funded through the General to continue expanding and improving
services to the community.
The Parks, Recreation and Community Services budget is proposed to increase just
over 6.9% for FY 2024/25, from $5.6 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 will increase to 29.
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.
The Public Works FY 2024/25 Proposed Budget is $35,591,030, a 2.1% increase over
the FY 2024 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%.
Public Works is requesting new software and equipment for NPDES at a one-time cost
of $78,000 and ongoing costs of $75,000 annually. The division's employees will also
need four (4) iPads to interface with the new software in the field at a cost of $6,500.
Public Works is requesting the following additional positions: one (1) Engineering
Technician and one (1) NPDES Inspector II. The FY 2024/25 cost for the two (2)
positions, inclusive of both salaries and benefits, is $212,669. Technology and other
miscellaneous costs are included in the request for software and iPads discussed
above. The forecasted cost for the positions for FY 2025/26 is $240,521.
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 through the Strategic Initiatives.
With the addition of the positions detailed above, the Department’s proposed full-time
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equivalent positions will be increased to143.
Library
The Library Services Department's focus areas include continuing to increase staffing
in the branch libraries, increasing community resources, 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 directly resulting from 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 improving branch service levels. The cost for one (1) position in FY
2024/25, inclusive of both salaries and benefits, is $82,787. The forecasted cost for
FY 2025/26 is $92,102.
The Library Services Budget is proposed to increase 58.8% from the FY 2023/24
Amended Budget of $3,133,028 to the Proposed FY 2025 Budget of $4,975,030 as
the City invests more in library operations, services, and technology. The FY 2025/26
budget is proposed to remain consistent year-over-year.
Two (2) full-time equivalent positions, the Library Network Administrator, and the
Library Network Technician, will be transferred from Library Services to the IT
Department. The library technology requires significant upgrades to both hardware
and software. Moving these positions to the IT Department will allow more effective
and efficient management of the upgrade process and Library Services technology in
the future.
With these transfers and the addition of the Library Technician, the Department’s full-
time equivalent positions will be increased to 21.
Human Resources & Risk Management and Finance & Management Services
Human Resources and Finance are internal service departments that ensure public-
facing departments have the necessary resources and support. Internal service
departments include Human Resources, Finance, and Information Technology
Services. Human Resources and Finance are included in the General Fund Budget,
and IT is a separate Internal Service Fund.
The focus areas for Human Resources and Risk Management include policy updates,
the organization-wide classification and compensation study, and improvements to the
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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. The FY 2024/25 cost for the Senior Office
Assistant, inclusive of both salaries and benefits, is $69,959, and $5,000 for IT and
other miscellaneous costs, for a total in FY 2024/25 of $74,959. The forecasted cost
for FY 2025/26 is $83,099.
HR added one (1) HR Technician, one (1) HR Analyst II, and one (1) Supervising HR
Analyst in FY 2023/24. With the addition of the Senior Office Assistant, the
Department’s full-time equivalent positions will be increased to 18.
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.
All policies require ongoing monitoring to ensure relevance, compliance, and alignment
with the law.
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
to focus more on journal entries and complex tasks. The FY 2024/25 cost for this
position, inclusive of both salaries and benefits, is $89,677, and $5,000 for IT and other
miscellaneous costs, bringing the total cost for FY 2025 to $94,677. The forecasted
cost for FY 2025/26 is $108,879.
Other Funds
Animal Services Fund
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, and Colton in addition to the
existing partnerships with Loma Linda and Grand Terrace. Starting July 1, the new
partnerships are anticipated to double the number of animals that the shelter serves.
The FY 2024/25 and FY 2025/26 Proposed Budget for Animal Services will increase
by $5.7 million over the FY 2023/24 Adopted Budget. Major shelter improvements and
increased staffing levels are necessary to accommodate the increased animal intake,
which, as discussed above, is expected to double. The three new partnership cities will
contribute to the increased operational costs according to the number of animals
brought in from each city and will contribute to the costs of a new shelter in the future.
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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 Animal Services Department FY 2024/25 Proposed Budget is $10,341,916, an
increase of 42.1% over the FY 2023/24 Amended Budget of $7,278,049. This increase
will allow the City to improve the services provided to the community as well as prepare
for the increase in animals from the new regional partnerships. The FY 2025/26 budget
is proposed to increase by 11.7% year-over-year to $11,551,824. The Department’s
proposed full-time equivalent positions will be 71.
Liability Fund
The Liability Fund has experienced significantly increased claims in the last eighteen
months. Staff recommended an increase during the FY 2023/24 Mid-Year Report of $7
million to complete the fiscal year. With stop-loss insurance that does not take effect
until a claim reaches a $5 million threshold, lawsuits against the City can be extremely
expensive. The FY 2024/25 and FY 2025/26 Proposed Budget for the Liability Fund
will increase by $11.7 million over the FY 2023/24 Adopted Budget. These additional
funds support the trend of increasing litigation and liability costs over the past eighteen
months. Bringing this fund to the appropriate expenditure levels allows litigation and
liability costs to be covered within the adopted budget. 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. Risk Management staff will monitor the claims
and liabilities closely for developing trends.
Information Technology Fund
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 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 2024 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
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being transferred from the General Government Department in the General Fund to
the IT Fund, two (2) full-time equivalent Library IT positions, the Library Network
Administrator and the Library Network Technician, currently in the Library Services
Department, are moving to the IT Services Fund, and the ERP Manager position is
also moving from Finance to IT. These transfers will increase the IT staffing from 15
full-time equivalent positions to 19.
Fleet Services
The FY 2024/25 budget is $6.1 million. The proposed FY 2024/25 budget is an increase
over the FY 2023/24 adopted budget; the FY 2023/24 amended budget includes
contracts that were not fulfilled before the end of FY 2023 which carried over.
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 forecast increase from FY 2024/25 to FY 2025/26 is
approximately 4%.
General Fund Balance Overview
The estimated year-end fund balance for the General Fund is $173.1 million in FY
2024/25 and $162.8 million in FY 2025/26. These numbers are estimates and are
subject to change based on actual revenue and expenditures within the given fiscal
years, as reported in the Annual Comprehensive Financial Report (ACFR).
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:
ACFR 2022-23
Category
FUND BALANCE
06-30-2023
FUND BALANCE
06-30-2024
FUND BALANCE
06-30-2025
FUND BALANCE
06-30-2026
Nonspendable 41,421,536 40,000,000 40,000,000 40,000,000
Restricted 2,086,366 2,000,000 1,800,000 1,800,000
Committed
Animal Services 68,387 10,000,000
General Plan Update 142,877 2,400,000
Measure S - Capital Projects 81,762,949 73,512,719 64,561,199 54,637,148
15% Emergency Reserve 28,788,264 31,006,073 35,413,498 37,666,239
10% Economic Contingency Reserve 19,192,176 20,670,715 23,608,999 25,110,826
Unassigned -5,724,718 9,364,343 7,091,633
TOTAL FUND BALANCE 173,462,555 185,314,225 174,748,039 166,305,846
Positions Added April 17 (Proposed Use of Fund Balance)--(1,382,264)(1,560,865)
Additional Administrative Positions (Proposed Use of Fund Balance)--(261,513)(292,182)
Additional Prior Year (FY 2024/25) Use of Fund Balance ---(1,643,777)
REVISED FUND BALANCE 173,462,555 185,314,225 173,104,262 162,809,022
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Buildings:
•The California Theatre Renovation (Ward 1)
•Encanto Community Center Renovation (Ward 1)
•Feldheym Library Improvements (Ward 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 and Parking Lot Improvements.
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$
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All three are proposed to be funded by the General Fund.
The following are newly proposed projects for FY 2024/25:
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.
2021-2025 Strategic Targets and Goals
The review of the proposed budget aligns with all key targets of the City
Council’s Strategic Plan. The funding of projects and programs at every level of the
organization ensure that the City can achieve the goals and priorities established by
the Mayor and City Council.
Fiscal Impact
There is no direct fiscal impact from receiving the presentation of the Proposed Budget
for Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement
Plan. The budget process ensures that allocating the City’s resources aligns with the
Mayor and City Council’s vision and priorities for the community. Staff will return to the
Mayor and City Council on June 5, 2024, to adopt the Fiscal Years 2024/25 and
2025/26 Operating Budget and Capital Improvement Plan.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Conduct the Public Hearing on the proposed Fiscal Years 2024/25 and 2025/26
Operating Budget and Capital Improvement Plan;
2. Receive and file the Proposed Budget for Fiscal Years 2024/25 and 2025/26
Operating and Capital Improvement Plan presentation and provide direction to
staff.
Attachments
Attachment 1 – Proposed Budget Book
Attachment 2 – Proposed Capital Improvement Plan 2025-2029
Attachment – Public Hearing Notice
Ward:
All Wards
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$
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Synopsis of Previous Council Actions:
April 17, 2024 Mayor and City Council received and filed the Fiscal Years
2024/25 and 2025/26 City Manager’s Proposed Operating
Budget and Capital Improvement Plan.
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This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004 At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3805005
Diane Grant
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
NOTICE OF PUBLIC HEARING - FY24-25 25-26 Proposed Budget
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
California, under date 06/27/1952, Case No. 73081. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
04/23/2024
04/23/2024
SAN BERNARDINO
!A000006747927!
Email
NOTI CE OF PUB LIC HEARI NG
CITY COUNCIL OF THE CI TY OF
SAN BERNA RDINO
NOTICE IS HEREBY GIVEN that
the City of San Bernardino Mayor
and City Council will hold a public
meeting on May 15,2024 at 5:00 PM
in the City Council Chambers in the
Norman F.Feldheym Central
Library at 555 West 6th Street,San
Bernardino,California.Visit the
City's agenda portal at
www.sbcity.org for more
information.
The purpose of the hearing is to
receive input and consider the
following:
Reviewing the City M anager's
Proposed Fisc al Year 2024-25 &
2025-26 O perating Budget and
Ca pital I mproveme nt Plan
Notice is further given that
members of the public who wish to
comment on the public hearing may
participate in the following ways:
1.Emailing comments and contact
information to
publiccomments@SBCity.Org by
2:30 P.M.the day of the scheduled
meeting or;
2.Attending the meeting in person
and providing your public
comment in person.
Please view the agenda for
additional information.
The City endeavors to be in total
compliance with the Americans with
Disabilities Act.If you require
assistance or auxiliary aids in order
to participate in the meeting or
require an interpreter,please
contact the City Clerk's Office as far
in advance of the meeting as
possible.
A general summary of the budget
will be accessible for public review
on the city's website
http://sbcity.org/cityhall/city_manag
ers_office/budget_books/default.asp.
Additional information concerning
the above matter may be obtained
from,and written comments should
be addressed to,City Clerk,City of
San Bernardino,290 North "D"Street,
San Bernardino,California 92401.
Genoveva Rocha,CMC,City Clerk
4/23/24
SBS-3 805005#
Packet Page. 275
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ANIMAL SERVICES
Administration
ANIMAL SERVICES MANAGER 1.00 - 1.00
ANIMAL SERVICES SUPERVISOR 3.00 3.00 -
ANIMAL SHELTER ATTENDANT 8.00 6.00 2.00
DEPUTY DIRECTOR OF ANIMAL SERVICES (U)1.00 1.00 -
DIRECTOR OF ANIMAL SERVICES (U)1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
REGISTERED VETERINARY TECHNICIAN 2.00 2.00 -
SENIOR ANIMAL SERVICES REP.6.00 2.00 4.00
SHELTER VETERINARIAN 1.00 - 1.00
VETERINARY ASSISTANT 1.00 1.00 -
Administration Total 25.00 17.00 8.00
Ca for All Animals Welcomed -
COMMUNITY SERVICES PROGRAM COORDINATOR 2.00 2.00 -
Ca for All Animals Welcomed Total 2.00 2.00 -
CA For All YouthWorkforceDevProg -
ANIMAL SERVICES REPRESENTATIVE 2.00 1.00 1.00
ANIMAL SHELTER ATTENDANT 4.00 4.00 -
CA For All YouthWorkforceDevProg Total 6.00 5.00 1.00
Field Services
ANIMAL CONTROL OFFICER I (FLEX)3.00 2.00 1.00
ANIMAL CONTROL OFFICER II 3.00 - 3.00
LEAD ANIMAL CONTROL OFFICER 1.00 - 1.00
Field Services Total 7.00 2.00 5.00
SB Regional Partnership
ANIMAL SERVICES MANAGER 1.00 - 1.00
ANIMAL SERVICES REPRESENTATIVE 2.00 1.00 1.00
ANIMAL SERVICES SUPERVISOR 2.00 2.00 -
ANIMAL SHELTER ATTENDANT 8.00 3.00 5.00
COMMUNITY SERVICES PROGRAM COORDINATOR 5.00 5.00 -
REGISTERED VETERINARY TECHNICIAN 2.00 1.00 1.00
SENIOR ANIMAL SERVICES REP.7.00 4.00 3.00
SHELTER VETERINARIAN 1.00 - 1.00
VETERINARY ASSISTANT 3.00 2.00 1.00
SB Regional Partnership Total 31.00 18.00 13.00
ANIMAL SERVICES Total 71.00 44.00 27.00
CITY ATTORNEY
Municipal Legal Service
LEGAL ADMINISTRATIVE ASSISTANT (U)1.00 1.00 -
Municipal Legal Service Total 1.00 1.00 -
CITY ATTORNEY Total 1.00 1.00 -
CITY CLERK
Administration/ ELECTIONS
CHIEF DEPUTY CITY CLERK (U)1.00 1.00 -
CITY CLERK (U)1.00 1.00 -
CUSTOMER SERVICE REP. (BILINGUAL) 1.00 1.00 -
DEPUTY CITY CLERK I (U)2.00 2.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
As of May 8, 2024 1 of 12
Packet Page. 276
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
RECORDS MANAGEMENT SPECIALIST (U)2.00 1.00 1.00
Administration Total 8.00 7.00 1.00
Records Management
RECORDS MANAGEMENT SPECIALIST (U)1.00 1.00 -
Records Management Total 1.00 1.00 -
CITY CLERK Total 9.00 8.00 1.00
CITY COUNCIL
City Council
COMMON COUNCIL 7.00 7.00 -
City Council Total 7.00 7.00 -
Council Support
ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)1.00 1.00 -
COUNCIL ADMINISTRATIVE SUPERVISOR (U)1.00 1.00 -
Council Support Total 2.00 2.00 -
CITY COUNCIL Total 9.00 9.00 -
CITY MANAGER
Administration
ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MAN 1.00 1.00 -
ASSISTANT CITY MANAGER (U)1.00 - 1.00
AUDITOR l 1.00 - 1.00
AUDITOR ll 1.00 - 1.00
CITY MANAGER (U)1.00 1.00 -
DEPUTY CITY MANAGER (U)2.00 2.00 -
EXECUTIVE ASSISTANT (U)1.00 - 1.00
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER 1.00 - 1.00
MANAGEMENT ANALYST I (FLEX)(U)2.00 2.00 -
MARKETING & MEDIA SPECIALIST 1.00 1.00 -
PUBLIC INFORMATION OFFICER (U)1.00 1.00 -
SENIOR MANAGEMENT ANALYST 2.00 2.00 -
SENIOR OFFICE ASSISTANT (U)1.00 1.00 -
Administration Total 16.00 11.00 5.00
CA For All YouthWorkforceDevProg
GRANTS ASSISTANT 2.00 2.00 -
CA For All YouthWorkforceDevProg Total 2.00 2.00 -
Grants
GRANTS DIVISION MANAGER (U)1.00 1.00 -
GRANTS WRITER 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)1.00 1.00 -
MANAGEMENT ANALYST II (U)1.00 - 1.00
Grants Total 4.00 3.00 1.00
CITY MANAGER Total 22.00 16.00 6.00
COMMUNITY DEVELOPMENT & HOUSING
Administration
ACCOUNTING TECHNICIAN II 1.00 1.00 -
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
CITY PLANNER (U)1.00 - 1.00
DIR OF COMM DEV & HSNG U 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
HOMELESS SERVICES COORDINATOR 1.00 - 1.00
As of May 8, 2024 2 of 12
Packet Page. 277
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
OMBUDSPERSON 1.00 - 1.00
SENIOR CUSTOMER SERVICE REP. (BIL)1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
Administration Total 9.00 6.00 3.00
Housing
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
CDBG/HOUSING PR0GRAM ASSISTANT 1.00 - 1.00
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 1.00 - 1.00
DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)1.00 1.00 -
GRANTS ASSISTANT 1.00 1.00 -
HOMELESS SERVICES ASSISTANT 1.00 - 1.00
HOMELESS SOLUTIONS MANAGER (U)1.00 1.00 -
HOUSING COMPLIANCE SPECIALIST 1.00 1.00 -
HOUSING DIVISION MANAGER (U)1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)1.00 1.00 -
MANAGEMENT ANALYST II 1.00 1.00 -
PRINCIPAL ACCOUNTANT 1.00 - 1.00
PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
Housing Total 14.00 10.00 4.00
Building and Safety
ASSISTANT BUILDING OFFICIAL (U)1.00 - 1.00
BUILDING INSPECTOR I (FLEX)3.00 1.00 2.00
BUILDING OFFICIAL (U)1.00 - 1.00
COMMUNITY DEVELOPMENT TECHNICIAN 4.00 4.00 -
LEAD BUILDING INSPECTOR 1.00 1.00 -
PLANS EXAMINER I (FLEX)1.00 - 1.00
PLANS EXAMINER II 1.00 - 1.00
Building and Safety Total 12.00 6.00 6.00
Enforcement & Beautification
CODE ENFORCEMENT DIVISION MANAGER (U)1.00 1.00 -
CODE ENFORCEMENT OFFICER I (FLEX)8.00 8.00 -
CODE ENFORCEMENT OFFICER II 10.00 8.00 2.00
CUSTOMER SERVICE REPRESENTATIVE 3.00 2.00 1.00
LEAD CODE ENFORCEMENT OFFICER 2.00 2.00 -
SENIOR CUSTOMER SERVICE REPRESENTATIVE 1.00 1.00 -
Enforcement & Beautification Total 25.00 22.00 3.00
Planning
ADMINISTRATIVE ASSISTANT 1.00 - 1.00
ASSISTANT PLANNER (FLEX)2.00 1.00 1.00
ASSOCIATE PLANNER 4.00 2.00 2.00
PERMIT SERVICES SUPERVISOR 1.00 1.00 -
PLANNING AIDE 2.00 1.00 1.00
PRINCIPAL PLANNER (U)1.00 - 1.00
SENIOR PLANNER 3.00 3.00 -
Planning Total 14.00 8.00 6.00
COMMUNITY DEVELOPMENT & HOUSING Total 74.00 52.00 22.00
ECONOMIC DEVELOPMENT
Economic Development
As of May 8, 2024 3 of 12
Packet Page. 278
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U)1.00 1.00 -
DIRECTOR OF ECONOMIC DEVELOPMENT (U)1.00 - 1.00
ECONOMIC DEVELOPMENT DIVISION MANAGER (U)1.00 1.00 -
ECONOMIC DEVELOPMENT MANAGER 3.00 - 3.00
ECONOMIC DEVELOPMENT PROJECT MANAGER 1.00 1.00 -
ECONOMIC DEVELOPMENT SPECIALIST 1.00 1.00 -
Economic Development Total 9.00 5.00 4.00
Real Property
ASSESSMENT DISTRICT/REAL PROP SPECIALIST 1.00 1.00 -
REAL PROPERTY MANAGER 2.00 1.00 1.00
Real Property Total 3.00 2.00 1.00
ECONOMIC DEVELOPMENT Total 12.00 7.00 5.00
FINANCE
Accounting
ACCOUNTANT II 2.00 2.00 -
ACCOUNTING DIVISION MANAGER (U)1.00 - 1.00
Accounting Total 3.00 2.00 1.00
Administration
AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U)1.00 1.00 -
DEPUTY DIRECTOR OF FINANCE (U)1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
Administration Total 3.00 3.00 -
Budget
BUDGET DIVISION MANAGER (U)1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
Budget Total 3.00 3.00 -
Business Registration
ACCOUNTING TECHNICIAN III 1.00 1.00 -
BUSINESS REGISTRATION INSPECTOR 6.00 6.00 -
BUSINESS REGISTRATION MANAGER 1.00 1.00 -
BUSINESS REGISTRATION REPRESENTATIVE I 2.00 2.00 -
Business Registration Total 10.00 10.00 -
ERP Project
ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 1.00 1.00 -
ERP Project Total 1.00 1.00 -
Payroll & Benefits
ACCOUNTANT II - PAYROLL 1.00 1.00 -
PAYROLL SUPERVISOR 1.00 1.00 -
PAYROLL TECHNICIAN 1.00 1.00 -
Payroll & Benefits Total 3.00 3.00 -
Purchasing
BUYER 2.00 2.00 -
DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 1.00 1.00 -
PURCHASING DIVISION MANAGER (U)1.00 - 1.00
Purchasing Total 4.00 3.00 1.00
Treasury
ACCOUNTING TECHNICIAN I (FLEX)2.00 2.00 -
As of May 8, 2024 4 of 12
Packet Page. 279
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ACCOUNTING TECHNICIAN II 1.00 1.00 -
TREASURY MANAGER 1.00 - 1.00
Treasury Total 4.00 3.00 1.00
FINANCE Total 31.00 28.00 3.00
GENERAL GOVERNMENT
Customer & Neighborhood Services
NEIGHBORHOOD & CUSTOMER SVCS MGR (U)1.00 1.00 -
SENIOR CUSTOMER SERVICE REP. (BIL)4.00 4.00 -
Customer & Neighborhood Services Total 5.00 5.00 -
Violence Intervention
COMMUNITY INTERVENTION PROGRAM MANAGER (U)1.00 - 1.00
Violence Intervention Total 1.00 - 1.00
GENERAL GOVERNMENT Total 6.00 5.00 1.00
HUMAN RESOURCES & RISK MANAGEMENT
Administration
DEPUTY DIRECTOR OF HUMAN RESOURCES (U)1.00 1.00 -
DIRECTOR OF HUMAN RESOURCES (U)1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
Administration Total 3.00 3.00 -
Benefits
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 1.00 -
SENIOR HUMAN RESOURCES/RISK ANALYST 1.00 1.00 -
Administration Total 3.00 3.00 -
CA For All YouthWorkforceDevProg
HUMAN RESOURCES ANALYST TRAINEE 1.00 1.00 -
CA For All YouthWorkforceDevProg Total 1.00 1.00 -
Employee Relations
DIVERSITY, EQUITY & INCLUSION OFFICER (U)1.00 - 1.00
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 - 1.00
HUMAN RESOURCES TECHNICIAN 1.00 1.00 -
SENIOR HUMAN RESOURCES/RISK ANALYST 1.00 1.00 -
Employee Relations Total 5.00 3.00 2.00
Liability & Risk Management
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 1.00 -
SENIOR HUMAN RESOURCES/RISK ANALYST 1.00 - 1.00
Liability & Risk Management Total 3.00 2.00 1.00
Workers Compensation
HUMAN RESOURCES ANALYST I 1.00 1.00 -
HUMAN RESOURCES ANALYST II 1.00 1.00 -
Workers Compensation Total 2.00 2.00 -
HUMAN RESOURCES & RISK MANAGEMENT Total 17.00 14.00 3.00
INFORMATION TECHNOLOGY
Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
DIRECTOR OF INFORMATION TECHNOLOGY (U)1.00 1.00 -
LIBRARY NETWORK ADMINISTRATOR 1.00 1.00 -
As of May 8, 2024 5 of 12
Packet Page. 280
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
LIBRARY NETWORK TECHNICIAN 1.00 1.00 -
Administration Total 4.00 4.00 -
Business Systems
INFORMATION TECHNOLOGY MANAGER 1.00 1.00 -
SENIOR INFORMATION TECHNOLOGY ANALYST 2.00 2.00 -
Business Systems Total 3.00 3.00 -
CATV
STATION MANAGER 1.00 1.00 -
CATV Total 1.00 1.00 -
Client Services
DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)1.00 1.00 -
SENIOR INFORMATION TECHNOLOGY TECHNICIAN 1.00 1.00 -
Client Services Total 2.00 2.00 -
GIS & Office Automation
GIS ADMINISTRATOR 1.00 1.00 -
SENIOR GIS ANALYST 1.00 1.00 -
GIS & Office Automation Total 2.00 2.00 -
Network Services
NETWORK SYSTEMS ADMINISTRATOR 1.00 1.00 -
SENIOR NETWORK SYSTEMS ADMINISTRATOR 1.00 1.00 -
Network Services Total 2.00 2.00 -
Public Safety Systems
INFORMATION TECHNOLOGY ANALYST II 2.00 2.00 -
INFORMATION TECHNOLOGY MANAGER 1.00 1.00 -
SENIOR INFORMATION TECHNOLOGY ANALYST 1.00 1.00 -
Public Safety Systems Total 4.00 4.00 -
INFORMATION TECHNOLOGY Total 18.00 18.00 -
LIBRARY
Administration
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
LIBRARY DIRECTOR (U)1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)1.00 - 1.00
Administration Total 3.00 2.00 1.00
ADULT BASIC EDUCATION
ASSISTANT LITERACY PROGRAM COORDINATOR 1.00 1.00 -
LIBRARY ASSISTANT 1.00 1.00 -
LITERACY PROGRAM COORDINATOR 1.00 1.00 -
ADULT BASIC EDUCATION Total 3.00 3.00 -
Branch Library Services
LIBRARY TECHNICIAN I (FLEX)2.00 2.00 -
LIBRARY TECHNICIAN II 5.00 5.00 -
Branch Library Services Total 7.00 7.00 -
Central Library Services
LIBRARIAN I (FLEX)1.00 1.00 -
LIBRARIAN II 1.00 1.00 -
LIBRARY CIRCULATION SUPERVISOR 1.00 1.00 -
LIBRARY PROGRAM COORDINATOR 1.00 1.00 -
LIBRARY TECHNICIAN I (FLEX)1.00 - 1.00
LIBRARY TECHNICIAN II 1.00 1.00 -
As of May 8, 2024 6 of 12
Packet Page. 281
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
TECHNOLOGY LIBRARIAN 1.00 1.00 -
Central Library Services Total 7.00 6.00 1.00
LIBRARY Total 20.00 18.00 2.00
MAYOR
Administration
EXECUTIVE ASSISTANT TO MAYOR (U)1.00 1.00 -
MAYOR 1.00 1.00 -
Administration Total 2.00 2.00 -
MAYOR Total 2.00 2.00 -
PARKS
Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
COMMUNITY RECREATION MANAGER 2.00 2.00 -
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)1.00 - 1.00
DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)2.00 2.00 -
Administration Total 8.00 7.00 1.00
Aquatics
COMMUNITY RECREATION MANAGER 1.00 1.00 -
Aquatics Total 1.00 1.00 -
CA For All YouthWorkforceDevProg
COMMUNITY SERVICES PROGRAM COORDINATOR 4.00 4.00 -
CA For All YouthWorkforceDevProg Total 4.00 4.00 -
Cemetery Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
Cemetery Administration Total 1.00 1.00 -
Center for Individual Development
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
Center for Individual Development Total 1.00 1.00 -
Outdoor Facilities
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
Outdoor Facilities Total 1.00 1.00 -
Recreation & Community Programs
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
COMMUNITY SERVICES PROGRAM COORDINATOR 5.00 5.00 -
Recreation & Community Programs Total 6.00 6.00 -
RSVP CFDA 94.002
COMMUNITY SERVICES PROGRAM COORDINATOR 1.00 1.00 -
RSVP CFDA 94.002 Total 1.00 1.00 -
SENIOR COMPANION
COMMUNITY SERVICES PROGRAM COORDINATOR 2.00 2.00 -
SENIOR COMPANION Total 2.00 2.00 -
SENIOR NUTRITION CFDA 93.053
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 - 1.00
FOOD SERVICE SUPERVISOR 1.00 1.00 -
SENIOR NUTRITION CFDA 93.053 Total 2.00 1.00 1.00
Senior Services
COMMUNITY RECREATION PROGRAM SUPERVISOR 1.00 1.00 -
As of May 8, 2024 7 of 12
Packet Page. 282
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
COMMUNITY SERVICES PROGRAM COORDINATOR 1.00 1.00 -
Senior Services Total 2.00 2.00 -
PARKS Total 29.00 27.00 2.00
POLICE
Administration
ACCOUNTING TECHNICIAN I (FLEX)4.00 2.00 2.00
ASSISTANT CHIEF OF POLICE 1.00 1.00 -
CHIEF OF POLICE 1.00 1.00 -
COMMUNITY SERVICES OFFICER 1.00 1.00 -
DETECTIVE/CORPORAL 2.00 2.00 -
EXECUTIVE ASSISTANT 2.00 2.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 -
LIEUTENANT 1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)1.00 1.00 -
POLICE CAPTAIN (U)3.00 3.00 -
SENIOR MANAGEMENT ANALYST 1.00 1.00 -
SENIOR OFFICE ASSISTANT 1.00 1.00 -
Administration Total 19.00 17.00 2.00
CA For All YouthWorkforceDevProg
COMMUNITY SERVICES OFFICER 6.00 6.00 -
POLICE RECORDS TECHNICIAN I (FLEX)3.00 3.00 -
CA For All YouthWorkforceDevProg Total 9.00 9.00 -
Commercial Enforcement
POLICE OFFICER 1.00 - 1.00
SERGEANT 1.00 1.00 -
Commercial Enforcement Total 2.00 1.00 1.00
DIGNITY HEALTH
POLICE OFFICER 2.00 2.00 -
DIGNITY HEALTH Total 2.00 2.00 -
Dispatch
LIEUTENANT 1.00 1.00 -
POLICE DISPATCH SUPERVISOR 4.00 4.00 -
POLICE DISPATCHER I (FLEX)8.00 8.00 -
POLICE DISPATCHER II 21.00 17.00 4.00
Dispatch Total 34.00 30.00 4.00
Forensics Property
FORENSICS SPECIALIST I (FLEX)2.00 2.00 -
FORENSICS SPECIALIST II 7.00 6.00 1.00
FORENSICS SUPERVISOR 1.00 1.00 -
PROPERTY & EVIDENCE SUPERVISOR 1.00 1.00 -
PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)1.00 1.00 -
PROPERTY AND EVIDENCE TECHNICIAN II 1.00 1.00 -
SENIOR OFFICE ASSISTANT 1.00 1.00 -
Forensics Property Total 14.00 13.00 1.00
General Investigation
COMMUNITY SERVICES OFFICER 17.00 16.00 1.00
CRIMINAL INVESTIGATION OFFICER 7.00 7.00 -
DETECTIVE/CORPORAL 26.00 26.00 -
LIEUTENANT 1.00 1.00 -
As of May 8, 2024 8 of 12
Packet Page. 283
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
MARKETING & PUBLIC RELATIONS SPECIALIST 1.00 - 1.00
POLICE OFFICER 1.00 1.00 -
SERGEANT 6.00 6.00 -
General Investigation Total 59.00 57.00 2.00
Intel/Emergency Management
CRIME ANALYST 4.00 4.00 -
LIEUTENANT 1.00 1.00 -
SERGEANT 2.00 2.00 -
Intel/Emergency Management Total 7.00 7.00 -
North Operations
POLICE OFFICER 1.00 1.00 -
North Operations Total 1.00 1.00 -
Park Rangers Program
PARK RANGER 3.00 - 3.00
SUPERVISOR PARK RANGER 1.00 - 1.00
Park Rangers Program Total 4.00 - 4.00
Patrol Field Services
COMMUNITY SERVICES OFFICER 19.00 12.00 7.00
DETECTIVE/CORPORAL 10.00 10.00 -
LIEUTENANT 7.00 7.00 -
POLICE FLEET MAINTENANCE EXPEDITOR 1.00 1.00 -
POLICE OFFICER 160.00 137.00 23.00
SERGEANT 29.00 29.00 -
Patrol Field Services Total 226.00 196.00 30.00
Personnel & Training
DETECTIVE/CORPORAL 1.00 1.00 -
POLICE OFFICER 3.00 3.00 -
POLICE P&T TECHNICIAN 2.00 2.00 -
Personnel & Training Total 6.00 6.00 -
Prop 64 Public Health & Safety
MANAGEMENT ANALYST I (FLEX)1.00 1.00 -
Prop 64 Public Health & Safety Total 1.00 1.00 -
Quality of Life
DETECTIVE/CORPORAL 1.00 1.00 -
POLICE OFFICER 6.00 - 6.00
SERGEANT 1.00 1.00 -
Quality of Life Total 8.00 2.00 6.00
Records
POLICE RECORDS SUPERVISOR 3.00 2.00 1.00
POLICE RECORDS TECHNICIAN I (FLEX)16.00 6.00 10.00
POLICE RECORDS TECHNICIAN II 11.00 11.00 -
Records Total 30.00 19.00 11.00
SAN MANUEL CCF 2017-2020
POLICE OFFICER 4.00 4.00 -
SAN MANUEL CCF 2017-2020 Total 4.00 4.00 -
Special Enforcement Teams
COMMUNITY SERVICES OFFICER 1.00 1.00 -
CRIMINAL INVESTIGATION OFFICER 2.00 2.00 -
DETECTIVE/CORPORAL 3.00 3.00 -
As of May 8, 2024 9 of 12
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CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
LIEUTENANT 1.00 1.00 -
POLICE OFFICER 18.00 18.00 -
SERGEANT 4.00 4.00 -
Special Enforcement Teams Total 29.00 29.00 -
Tobacco Grant FY 23-FY 25
POLICE OFFICER 2.00 - 2.00
Tobacco Grant FY 23-FY 25 Total 2.00 - 2.00
Traffic
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
CRIMINAL INVESTIGATION OFFICER 1.00 1.00 -
DETECTIVE/CORPORAL 2.00 2.00 -
PARKING ENFORCEMENT OFFICER 7.00 7.00 -
POLICE OFFICER 3.00 3.00 -
SENIOR OFFICE ASSISTANT 2.00 2.00 -
SERGEANT 1.00 1.00 -
Traffic Total 17.00 17.00 -
POLICE Total 474.00 411.00 63.00
PUBLIC WORKS
Administration
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
ADMINISTRATIVE SERVICES SUPERVISOR 1.00 1.00 -
DEPUTY DIRECTOR OF OPERATIONS (U)1.00 1.00 -
DIR OF PUBLIC WRKS, OPS&MAIN(U)1.00 1.00 -
ENVIRONMENTAL PROGRAMS COORDINATOR 1.00 1.00 -
EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 - 1.00
FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)1.00 1.00 -
MANAGEMENT ANALYST I (FLEX)1.00 1.00 -
SENIOR MANAGEMENT ANALYST 1.00 - 1.00
SENIOR OFFICE ASSISTANT 1.00 1.00 -
SOLID WASTE FIELD INSPECTOR 1.00 1.00 -
Administration Total 11.00 9.00 2.00
Aquatics
POOL MAINTENANCE COORDINATOR 1.00 1.00 -
Aquatics Total 1.00 1.00 -
Building Maintenance
ACCOUNTING TECHNICIAN II 1.00 1.00 -
FACILITIES MAINTENANCE MECHANIC 4.00 4.00 -
FACILITIES MAINTENANCE SUPERVISOR 1.00 1.00 -
HVAC MECHANIC 1.00 1.00 -
PLUMBER 1.00 1.00 -
Building Maintenance Total 8.00 8.00 -
Capital Projects
ACCOUNTING TECHNICIAN II 1.00 1.00 -
CAPITAL IMPROVEMENT PROJECT MANAGER 1.00 1.00 -
CONSTRUCTION MANAGER 1.00 1.00 -
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)1.00 1.00 -
ENGINEERING ASSISTANT I (FLEX)2.00 2.00 -
ENGINEERING ASSISTANT II 3.00 3.00 -
ENGINEERING ASSOCIATE 1.00 - 1.00
As of May 8, 2024 10 of 12
Packet Page. 285
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ENGINEERING PROJECT MANAGER 4.00 - 4.00
ENGINEERING TECHNICIAN 2.00 2.00 -
EXECUTIVE ASSISTANT 1.00 1.00 -
NPDES INSPECTOR I (FLEX)2.00 1.00 1.00
PRINCIPAL CIVIL ENGINEER 1.00 1.00 -
PUBLIC WORKS INSPECTOR II 3.00 3.00 -
Capital Projects Total 23.00 17.00 6.00
Cemetery Administration
CEMETERY CARETAKER 1.00 - 1.00
Cemetery Administration Total 1.00 - 1.00
Concrete Maintenance
MAINTENANCE WORKER I (FLEX)5.00 4.00 1.00
MAINTENANCE WORKER II 2.00 2.00 -
Concrete Maintenance Total 7.00 6.00 1.00
Custodial Maintenance
CUSTODIAL SUPERVISOR 1.00 1.00 -
CUSTODIAN 8.00 6.00 2.00
LEAD CUSTODIAN 1.00 1.00 -
Custodial Maintenance Total 10.00 8.00 2.00
Graffiti Removal
MAINTENANCE SUPERVISOR 1.00 1.00 -
MAINTENANCE WORKER I (FLEX)4.00 4.00 -
Graffiti Removal Total 5.00 5.00 -
Land Development
CIVIL ENGINEERING DIVISION MANAGER (U)1.00 1.00 -
ENGINEERING ASSISTANT I (FLEX)1.00 1.00 -
ENGINEERING ASSISTANT III 1.00 1.00 -
LAND DEVELOPMENT ENGINEER 1.00 - 1.00
PUBLIC WORKS INSPECTOR I (FLEX)1.00 1.00 -
Land Development Total 5.00 4.00 1.00
Parks Maintenance
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
ADMINISTRATIVE SERVICES SUPERVISOR 1.00 1.00 -
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)1.00 1.00 -
LANDSCAPE & IRRIGATION INSPECTOR II 3.00 3.00 -
LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 1.00 1.00 -
MAINTENANCE WORKER III 1.00 1.00 -
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 1.00 1.00 -
PARKS MAINTENANCE WORKER II 2.00 2.00 -
PUBLIC WORKS SAFETY AND TRAINING OFFICER 1.00 1.00 -
Parks Maintenance Total 12.00 12.00 -
Right of Way Cleaning
LEAD MAINTENANCE WORKER 2.00 2.00 -
MAINTENANCE SUPERVISOR 1.00 - 1.00
MAINTENANCE WORKER I (FLEX)6.00 4.00 2.00
Right of Way Cleaning Total 9.00 6.00 3.00
Storm Drain
MAINTENANCE SUPERVISOR 1.00 1.00 -
MAINTENANCE WORKER III 3.00 3.00 -
As of May 8, 2024 11 of 12
Packet Page. 286
CITY OF SAN BERNARDINO
FY2023-24 AUTHORIZED PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
Storm Drain Total 4.00 4.00 -
Stormwater Management
NPDES MANAGER 1.00 1.00 -
Stormwater Management Total 1.00 1.00 -
Street Maintenance
LEAD MAINTENANCE WORKER 1.00 1.00 -
MAINTENANCE WORKER I (FLEX)11.00 11.00 -
MAINTENANCE WORKER II 1.00 - 1.00
MAINTENANCE WORKER III 2.00 2.00 -
OPERATIONS & MAINTENANCE DIVISION MANAGER (U)1.00 - 1.00
Street Maintenance Total 16.00 14.00 2.00
Traffic Engineering
TRAFFIC ENGINEER 1.00 - 1.00
TRAFFIC ENGINEERING ASSOCIATE 2.00 2.00 -
Traffic Engineering Total 3.00 2.00 1.00
Traffic Signal Maintenance
ELECTRICIAN I (FLEX)1.00 1.00 -
TRAFFIC SIGNAL TECHNICIAN I (FLEX)1.00 1.00 -
TRAFFIC SIGNAL TECHNICIAN II 2.00 2.00 -
TRAFFIC SIGNAL TECHNICIAN III 1.00 - 1.00
Traffic Signal Maintenance Total 5.00 4.00 1.00
Traffic Signs & Markings
LEAD MAINTENANCE WORKER 3.00 1.00 2.00
TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 1.00 1.00 -
Traffic Signs & Markings Total 4.00 2.00 2.00
Tree Maintenance (Urban Forestry)
ARBORIST 1.00 1.00 -
FORESTRY SUPERVISOR 1.00 1.00 -
GROUNDWORKER ARBORIST 2.00 2.00 -
SENIOR ARBORIST 1.00 1.00 -
Tree Maintenance (Urban Forestry) Total 5.00 5.00 -
Vehicle Maintenance
EQUIPMENT MAINTENANCE SUPERVISOR 1.00 1.00 -
EQUIPMENT MECHANIC I (FLEX)1.00 1.00 -
EQUIPMENT MECHANIC II 6.00 6.00 -
EQUIPMENT SERVICE WORKER 2.00 2.00 -
LEAD EQUIPMENT MECHANIC 1.00 1.00 -
Vehicle Maintenance Total 11.00 11.00 -
PUBLIC WORKS Total 141.00 119.00 22.00
Grand Total 936.00 779.00 157.00
As of May 8, 2024 12 of 12
Packet Page. 287
City of San Bernardino
General Fund
Department Dept Total
Color Legend:
Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
Expenses
001 General
010 Mayor
0001 Administration 305,812 97,944 403,756 21,895 425,651
010 Mayor Total 305,812 97,944 403,756 21,895 425,651
020 City Council
0022 City Council 708,263 56,128 764,391 6,618 771,009
0023 Council Support 384,058 95,170 479,228 50,610 529,838
8751 COVID-19 Activity
020 City Council Total 1,092,321 151,298 1,243,619 57,228 1,300,847
030 City Clerk
0001 Administration 1,122,332 109,084 1,231,416 122,668 1,354,084
0009 Elections 428,459 20,688 449,147 (96,473)352,674
0010 Passport Acceptance 3,610 390 4,000 0 4,000
0011 Records Management 354,266 (95,960)258,306 25,293 283,599
8751 COVID-19 Activity
030 City Clerk Total 1,908,667 34,202 1,942,869 51,488 1,994,357
050 City Attorney
0005 Municipal Legal Service 5,309,583 (127,996)5,181,587 354,993 5,536,580
8751 COVID-19 Activity
050 City Attorney Total 5,309,583 (127,996)5,181,587 354,993 5,536,580
090 General Government
0000 Recorded before using program #s 4,269,976 3,277,229 7,547,205 987,845 8,535,050
0053 Non-departmental 12,397,055 2,154,343 14,551,398 1,363,667 15,915,065
0067 Customer & Neighborhood Services 755,472 54,580 810,052 81,302 891,354
0133 CATV 269,072 (269,072)0 0 0
0134 Bankruptcy 0 0 0 0 0
0150 Violence Intervention 209,471 149,345 358,816 (71,100)287,716
1 of 6
Packet Page. 288
City of San Bernardino
General Fund
Department Dept Total
Color Legend:
Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
8696 Budgeted Expenditure Savings (2,500,000)(2,800,000)(5,300,000)1,400,000 (3,900,000)
8751 COVID-19 Activity
090 General Government Total 15,401,045 2,566,426 17,967,471 3,761,714 21,729,185
100 City Manager
0001 Administration 2,724,731 1,521,154 4,245,885 367,080 4,612,965
0016 Air Quality & Rideshare 66,059 2,963 69,021 6,166 75,187
0154 Grants 637,750 290,900 928,650 188,679 1,117,329
8751 COVID-19 Activity
100 City Manager Total 3,428,539 1,815,017 5,243,556 561,925 5,805,481
110 Human Resource & Risk Management
0001 Administration 3,059,953 (275,431)2,784,522 257,854 3,042,376
0149 Administrative Services
8751 COVID-19 Activity
110 Human Resource & Risk Management Total 3,059,953 (275,431)2,784,522 257,854 3,042,376
120 Finance & Management Services
0000 Recorded before using program #s
0001 Administration 912,693 175,794 1,088,487 102,361 1,190,848
0012 Business Registration 1,394,854 134,445 1,529,299 155,907 1,685,206
0017 Treasurer 435,042 (46,636)388,406 42,912 431,318
0039 Accounting 850,024 323,413 1,173,437 108,956 1,282,393
0040 Payroll & Benefits 445,328 90,459 535,787 43,528 579,315
0042 Purchasing 579,671 15,924 595,595 63,811 659,406
0043 Budget 886,809 174,415 1,061,224 86,578 1,147,802
0154 Grants 0 0 0 0 0
0155 Disadvantaged Business Ent (DBE)179,203 61,058 240,261 25,257 265,518
8652 SAN MANUEL CCF 2017-2020 0 0 0 0 0
8751 COVID-19 Activity 0
120 Finance & Management Services Total 5,683,624 928,872 6,612,496 629,310 7,241,806
2 of 6
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City of San Bernardino
General Fund
Department Dept Total
Color Legend:
Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
135 Economic Development
0144 Economic Development 498,790 1,286,573 1,785,363 216,966 2,002,329
135 Economic Development Total 498,790 1,286,573 1,785,363 216,966 2,002,329
150 Special Assessment District
0000 Recorded before using program #s 150,000 0 150,000 0 150,000
150 Special Assessment District Total 150,000 0 150,000 0 150,000
160 Capital Improvement Projects
7240 UNIV PKWY/I-215 FWY IMPROVEMENTS 864,908 (864,908)0 0 0
8695 Facilities Replacement (Annual)0 0 0 0 0
8949 J Lewis Swim Ctr Inpro PR 24-002 9,798 (9,798)0 0 0
8998 Cross St Bridge Emergency Op 940,820 (940,820)0 0 0
160 Capital Improvement Projects Total 1,815,526 (1,815,526)0 0 0
180 Community Development & Housing
0001 Administration 1,302,592 250,384 1,552,976 191,680 1,744,656
0021 Enforcement & Beautification 3,900,167 (219,867)3,680,300 408,037 4,088,337
0028 Building and Safety 3,368,601 (40,400)3,328,201 255,061 3,583,262
0029 Planning 1,830,066 499,037 2,329,103 268,621 2,597,724
0030 Land Development 0 0
0031 Real Property 721,070 (89,184)631,886 79,966 711,852
0144 Economic Development 1,032,830 (889,630)143,200 1,000 144,200
2002 ADMINISTRATION/SALARIES 849,451 894,467 1,743,918 204,559 1,948,477
4912 Special Events Reimb OT 0 0 0 0 0
8652 SAN MANUEL CCF 2017-2020 0 20,000 20,000 0 20,000
8661 Cannabis Cultivation 62,000 (7,000)55,000 0 55,000
8742 General Plan Update 100,017 1,399,983 1,500,000 0 1,500,000
8751 COVID-19 Activity 0 0
8810 Nuisance Abatement 832,405 (832,405)0 0 0
8977 ASU Property Collaboration 20,000 20,000 0 20,000
3 of 6
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City of San Bernardino
General Fund
Department Dept Total
Color Legend:
Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
180 Community Development & Housing Total 13,999,199 1,005,385 15,004,584 1,408,924 16,413,508
210 Police
0000 Recorded before using program #s
0001 Administration 10,488,913 82,388 10,571,301 (850,452)9,720,849
0008 EDA Services 0 0
0062 Public Safety Systems 1,082,079 1,363 1,083,442 39,200 1,122,642
0078 Patrol Field Services 65,471,500 893,692 66,365,192 2,918,047 69,283,239
0080 Gang & Multiple Enforcement Team 3,987 (398)3,589 379 3,968
0081 Traffic 3,959,206 150,584 4,109,790 244,122 4,353,912
0082 General Investigation 12,805,377 2,814,952 15,620,329 942,916 16,563,245
0083 Forensics Property 1,966,635 122,245 2,088,880 268,810 2,357,690
0084 Dispatch 4,074,255 676,304 4,750,559 520,688 5,271,247
0085 Records 2,300,713 429,357 2,730,070 374,895 3,104,965
0086 Personnel & Training 2,090,040 1,044,351 3,134,391 107,299 3,241,690
0145 Special Enforcement Teams 7,963,019 2,312,178 10,275,197 427,326 10,702,523
0147 Intel/Emergency Management 1,725,497 (276,016)1,449,481 109,063 1,558,544
0153 Commercial Enforcement 1,255,081 (177,925)1,077,156 40,153 1,117,309
0157 Quality of Life 787,743 1,770,427 2,558,170 100,564 2,658,734
0159 Community Affairs 83,000 1,600,006 1,683,006 98,285 1,781,291
1105 Park Rangers Program 252,950 262,238 515,188 53,671 568,859
4911 PD Special Events Reimb OT 1,890,000 (140,000)1,750,000 0 1,750,000
5076 Fireworks Enforcement 71,015 15,985 87,000 0 87,000
8652 SAN MANUEL CCF 2017-2020 1,437,321 306,937 1,744,258 40,919 1,785,177
8654 DIGNITY HEALTH 405,547 38,034 443,581 12,318 455,899
8751 COVID-19 Activity 0 0
8938 SB Intl Airport Agreement 0 806,899 806,899 34,164 841,063
8998 Cross St Bridge Emergency Op
210 Police Total 120,113,878 12,733,601 132,847,479 5,482,367 138,329,846
4 of 6
Packet Page. 291
City of San Bernardino
General Fund
Department Dept Total
Color Legend:
Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
380 Parks Recreation & Community
0001 Administration 1,856,752 269,143 2,125,895 91,270 2,217,165
0069 Aquatics 461,223 38,078 499,301 94,202 593,503
0070 Sports 100,936 29,298 130,234 0 130,234
0071 Center for Individual Development 269,618 (14,232)255,386 20,261 275,647
0073 Citywide Activities 357,053 (228,848)128,205 0 128,205
0074 Recreation & Community Programs 1,019,702 87,797 1,107,499 77,414 1,184,913
0075 Senior Services 419,232 9,091 428,323 37,675 465,998
0076 Special Events 382,950 71,050 454,000 0 454,000
0077 Outdoor Facilities 323,724 (51,505)272,219 20,261 292,480
0502 RSVP CFDA 94.002 85,559 9,212 94,771 8,828 103,599
0509 SENIOR COMPANION 116,112 (7,732)108,380 12,829 121,209
0513 SENIOR NUTRITION CFDA 93.053 144,318 126,629 270,947 15,973 286,920
1106 Cemetery Administration 124,649 592 125,241 10,820 136,061
8751 COVID-19 Activity 0
9012 City Wide Cooling Centers 0 0 0 0
380 Parks Recreation & Community Total 5,661,828 338,573 6,000,401 389,533 6,389,934
400 Public Works
0001 Administration 1,430,643 84,797 1,515,440 (274,134)1,241,306
0025 Capital Projects 3,537,940 1,931,940 5,469,880 557,045 6,026,925
0026 Traffic Engineering 952,363 206,976 1,159,339 120,682 1,280,021
0027 Stormwater Management 574,733 69,599 644,332 31,662 675,994
0030 Land Development 2,381,839 710,789 3,092,628 176,318 3,268,946
0031 Real Property 21,861 (21,861)0 0 0
0036 Custodial Maintenance 1,923,016 241,709 2,164,725 168,509 2,333,234
0037 Building Maintenance 2,280,546 2,065,988 4,346,534 179,375 4,525,909
0069 Aquatics 255,508 7,001 262,509 18,722 281,231
0072 Parks Maintenance 6,198,087 (63,158)6,134,929 211,206 6,346,135
5 of 6
Packet Page. 292
City of San Bernardino
General Fund
Department Dept Total
Color Legend:
Process Status 2023-24 2024-25 2024-25 2025-26 2025-26
Approved
Proposed
Adjustments Proposed
Proposed
Adjustments Proposed
0088 Street Maintenance 4,235,153 (2,766,217)1,468,936 118,574 1,587,510
0089 Graffiti Removal 718,840 134,722 853,562 80,568 934,130
0090 Tree Maint (Urban Forestry)1,181,448 87,205 1,268,653 130,676 1,399,329
0091 Concrete Maintence 2,697,990 (103,360)2,594,630 120,771 2,715,401
0092 Street Light Maintenance 477,699 (414,115)63,584 5,716 69,300
0093 Traffic Signal Maintenance 1,299,731 250,990 1,550,721 130,624 1,681,345
0099 Right of Way Cleaning 1,137,493 100,978 1,238,471 124,339 1,362,810
0106 City-Owned Median Maintenance 0 0
0125 Property Maintenance 343,900 (248,300)95,600 0 95,600
0151 Storm Drain 774,004 (96,664)677,340 70,367 747,707
0152 Traffic Signs & Markings 1,237,434 (560,272)677,162 67,133 744,295
1106 Cemetery Administration 996,723 (684,668)312,055 17,937 329,992
8751 COVID-19 Activity 0 0
8790 Bryce Hanes Park Landscape Maint 1,000 (1,000)0 0 0
8912 Route 66 0 0
8998 Cross St Bridge Emergency Op 112,260 (112,260)0 0 0
400 Public Works Total 34,863,813 727,217 35,591,030 2,056,090 37,647,120
470 Library
0001 Administration 697,120 353,753 1,050,873 (12,491)1,038,382
0049 Support Services 552,076 279,134 831,210 (237,297)593,913
0063 Central Library Services 1,104,029 907,992 2,012,021 149,825 2,161,846
0064 Branch Library Services 764,256 274,674 1,038,930 72,956 1,111,886
0520 ADULT BASIC EDUCATION 15,547 26,449 41,996 4,259 46,255
8751 COVID-19 Activity 0 0 0
9012 City Wide Cooling Centers 0 0 0
470 Library Total 3,133,028 1,842,002 4,975,030 (22,748)4,952,282
001 General Total 216,425,607 21,308,156 237,733,763 15,227,539 252,961,302
6 of 6
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CITY OF SAN BERNARDINO
FY2023-24 STRATEGIC INITIATIVES PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
ANIMAL SERVICES
Administration
DEPUTY DIRECTOR OF ANIMAL SERVICES (U)1.00 1.00 -
REGISTERED VETERINARY TECHNICIAN 1.00 1.00 -
VETERINARY ASSISTANT 1.00 1.00 -
Administration Total 3.00 3.00 -
ANIMAL SERVICES Total 3.00 3.00 -
CITY MANAGER
Administration
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER 1.00 - 1.00
Administration Total 1.00 - 1.00
CITY MANAGER Total 1.00 - 1.00
COMMUNITY DEVELOPMENT & HOUSING
Administration
OMBUDSPERSON 1.00 - 1.00
SENIOR CUSTOMER SERVICE REP. (BIL)1.00 1.00 -
Administration Total 2.00 1.00 1.00
Housing
HOUSING DIVISION MANAGER (U)1.00 1.00 -
MANAGEMENT ANALYST II 1.00 1.00 -
PRINCIPAL ACCOUNTANT 1.00 - 1.00
Housing Total 3.00 2.00 1.00
Planning
ADMINISTRATIVE ASSISTANT 1.00 - 1.00
ASSOCIATE PLANNER 1.00 1.00 -
PLANNING AIDE 1.00 1.00 -
SENIOR PLANNER 1.00 1.00 -
Planning Total 4.00 3.00 1.00
COMMUNITY DEVELOPMENT & HOUSING Total 9.00 6.00 3.00
ECONOMIC DEVELOPMENT
Economic Development
ADMINISTRATIVE ASSISTANT 1.00 1.00 -
DIRECTOR OF ECONOMIC DEVELOPMENT (U)1.00 - 1.00
ECONOMIC DEVELOPMENT MANAGER 3.00 - 3.00
Economic Development Total 5.00 1.00 4.00
ECONOMIC DEVELOPMENT Total 5.00 1.00 4.00
PARKS
Administration
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)1.00 - 1.00
Administration Total 1.00 - 1.00
PARKS Total 1.00 - 1.00
POLICE
Park Rangers Program
PARK RANGER 3.00 - 3.00
SUPERVISOR PARK RANGER 1.00 - 1.00
Park Rangers Program Total 4.00 - 4.00
Quality of Life
As of May 8, 2024 1 of 2
Packet Page. 294
CITY OF SAN BERNARDINO
FY2023-24 STRATEGIC INITIATIVES PERSONNEL SUMMARY
Department Program Dept Total
Color Legend:
TOTAL
DEPARTMENT / DIVISION AUTHORIZED FILLED VACANT
DETECTIVE/CORPORAL 1.00 1.00 -
POLICE OFFICER 6.00 - 6.00
SERGEANT 1.00 1.00 -
Quality of Life Total 8.00 2.00 6.00
POLICE Total 12.00 2.00 10.00
PUBLIC WORKS
Capital Projects
ENGINEERING PROJECT MANAGER 3.00 - 3.00
Capital Projects Total 3.00 - 3.00
Land Development
LAND DEVELOPMENT ENGINEER 1.00 - 1.00
Land Development Total 1.00 - 1.00
PUBLIC WORKS Total 4.00 - 4.00
Grand Total 35.00 12.00 23.00
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting 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 (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-096:
1. Authorizing the Director of Finance and Management Services to amend the
FY 2023/24 operating budget by $350,000 to cover the cost of salary and
benefits of additional positions added as a result of the Regional Partnership
Agreements for Animal Services; and
2. Increase the Animal Services department authorized full-time position count
from 40 to 71.
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, the Department needed to increase the number of
staff to care for the animals at the shelter and connect with the community to facilitate
reunification with owners, encourage adoption, fostering and volunteering from the
public. The costs for staffing in this fiscal year will only be applied to May and June, is
estimated to be approximately $350,000.00.
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
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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 City 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”.
Discussion
Animal Services worked with the Human Resources Department to recruit, interview,
and hire additional staff approved in the regional partnership. In an effort to ensure the
Department is ready to accept animals from the partner cities on July 1, 2024, the new
staff need to be hired and trained by the end of June 2024.
To maximize public access and move animals through the system quickly, the
Department will be open to the public seven days a week from 10:00AM to 5:00PM
and will be open late on Wednesdays until 7:00PM. These expanded hours will enable
pet owners to look for and redeem their lost pets or adopt new pets daily and would be
beneficial to members of our community who may have difficulty coming to the shelter
with the current hours.
The total cost for the additional positions with fully burdened benefits is estimated to
be $2,794,657.00 annually. Due to the terms of the Regional Partnership Agreement,
the City of San Bernardino will be reimbursed by the five cities in the Agreement after
July 1, 2024. They will be billed quarterly for staffing costs based on the actual amount
incurred with salary and benefits. The cost for staffing in this fiscal year will only be
applied to May and June and is estimated to be approximately $350,000.00.
2021-2025 Strategic Targets and Goals
Partnering with the other cities in our region aligns with Strategic Target #2: Focused,
Aligned Leadership and Unified Community be implementing a community
engagement plan and building a culture that attracts, retains, and motivates the highest
quality talent, Strategic Target #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.
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Fiscal Impact
The fiscal impact on the General Fund for FY 23/24 will be $350,000, which will be
transferred to the Animal Services Fund. This transfer will cover the salaries and
benefits of additional positions created due to the Regional Partnership Agreements
for Animal Services.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-096:
1. Authorizing the Director of Finance and Management Services to amend the
FY 2023/24 operating budget by $350,000 to cover the cost of salary and
benefits of additional positions added as a result of the Regional Partnership
Agreements for Animal Services; and
2. Increase the Animal Services department authorized full-time position count
from 40 to 71.
Attachments
1. Attachment 1 – Resolution No. 2024-096
2. Attachment 2 – Estimated Salary and Benefits Costs with Regional Partners
Allocations
3. Attachment 3 – City of Colton Agreement
4. Attachment 4 – City of Fontana Agreement
5. Attachment 5 – City of Rialto Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
December 6, 2024 Regional Partnership for Animal Services
April 17, 2024 Authorize and Appropriate Funding for Animal Services for the
Preparation of the Regional Partnership Agreements – Site
Improvement Costs
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Resolution No. 2024-096
Resolution 2024-096
June 5, 2024
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RESOLUTION NO. 2024-096
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
OPERATING BUDGET BY $350,000 TO COVER THE COST
OF SALARY AND BENEFITS OF ADDITIONAL
POSITIONS ADDED AS A RESULT OF THE REGIONAL
PARTNERSHIP AGREEMENT FOR ANIMAL SERVICES;
AND INCREASE THE ANIMAL SERVICES DEPARTMENT
AUTHORIZED FULL-TIME POSITIONS COUNT FROM 40
TO 71.
WHEREAS, on December 6, 2023, the Mayor and City Council authorized staff to enter
into a Regional Partnership Agreement for Animal Services 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 hire and train new staff members 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 and
Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the costs
of staffing associated with the Regional Partnership Agreement and increase the department’s full-
time position count from 40 to 71.
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.
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Resolution No. 2024-096
Resolution 2024-096
June 5, 2024
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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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-096
Resolution 2024-096
June 5, 2024
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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. 2024-096, adopted at a regular meeting held on the 5th day of June 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
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ESTIMATED SALARIES OF SHELTER STAFF
Position Title
Number of
Positions
Needed
Total Salary
Cost
Total Benefits
Cost
Combined
Salary and
Benefits Cost
Animal Shelter Attendant 8 $374,360.00 $214,664.00 $589,024.00
Animal Services
Representative 2 $93,590.00 $53,666.00 $147,256.00
Senior Animal Services
Representative 7 $361,914.00 $192,339.00 $554,253.00
Animal Services
Supervisor 2 $160,260.00 $62,418.00 $222,678.00
Animal Services Manager 1 $101,797.00 $34,054.00 $135,851.00
Community Services
Program Coordinator 5 $328,465.00 $146,570.00 $475,035.00
Registered Veterinary
Technician 2 $139,494.00 $59,692.00 $199,186.00
Veterinary Assistant 3 $164,673.00 $83,685.00 $248,358.00
Shelter Veterinarian 1 $178,846.00 $44,170.00 $223,016.00
Total Staffing Costs $2,794,657.00
Estimated Cost
to Partners City Percentage Share
$1,539,319.50 San Bernardino 53.5%
$647,916.00 Fontana 24%
$377,951.00 Rialto 14%
$188,975.50 Colton 7%
$26,996.50 Grand Terrace 1%
$13,498.25 Loma Linda 0.5%
$2,794,657.00 Total 100%
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Rochelle Clayton
Acting City Manager
a charter city and municipal corporation
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DocuSign Envelope ID: 6C9507DA-55A2-46BE-MFC-51D32B0C1374
SIGNATURE PAGE TO
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF FONTAN A
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized
representatives to execute this Agreement.
CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By: _________ _ Rochelle Clayton
Acting City Manager
ATTEST:
By: -----------Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
By: __________ _ Thomas Rice
City Attorney
CITY OF FONTANA,
a municipal corporation
By: /lwt-b�l,\,t,
Matt Ballantyne
City Manager
ATTEST:
By: �llll,\,t, �
Germaine Key
City Clerk
APPROVED AS TO FORM:
By: M,UA-Ow/U,\,
City Attorney
SIGNATURE PAGE
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SIGNATURE PAGE TO AGREEMENT FOR ANIMAL SHELTER SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF RIALTO
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized
representatives to execute this Agreement. CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By: __________ _ Rochelle Clayton
Acting City Manager
ATTEST:
By: __________ _ Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
By: __________ _ Thomas Rice
City Attorney
CITY OF RIALTO,
a municipal corporati .
By : _ _____,,__-4----=----____;+-,�----
Acting City Manager
ATTEST:
By �h;, /c,;, 7 t? rVf �
B arbara A. McGee
City Clerk
APPROVED AS TO FORM:
By�2
Eric S. Vail
City Attorney
SIGNATURE PAGE
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Genoveva Rocha, City Clerk
Department:City Clerk
Subject:Approval of Various Mayor and City Council Meeting
Minutes
Recommendation:
It is recommended that the City Council approve the meeting minutes for the following
dates:
1. August 19, 2020 Draft Regular Meeting Minutes;
2. April 6, 2022 Draft Regular Meeting Minutes;
3. April 26, 2022 Draft Special Meeting Minutes;
4. May 4, 2022 Draft Regular Meeting Minutes;
5. June 1, 2022 Draft Regular Meeting Minutes;
6. April 6, 2023 Draft Special Meeting Minutes;
7. January 17, 2024 Regular and Special Meeting Minutes;
8. April 3, 2024 Draft Regular Meeting Minutes; and
9. May 1, 2024 Draft Regular Meeting Minutes.
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING
AUTHORITY
WEDNESDAY, AUGUST 19, 2020
5:30 PM
Closed Session of the Regular Meeting of the Mayor and City Council of the City of San
Bernardino was called to order at 5:32 p.m. by Mayor Valdivia on Wednesday, August 19, 2020,
via Web-Conference, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Mayor Pro-Tem, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Henry Nickel Council Member, Ward 5 Present
Bessine L. Richard Council Member, Ward 6 Present 5:58 p.m.
James Mulvihill Council Member, Ward 7 Present
John Valdivia Mayor Present
Genoveva Rocha Acting City Clerk Present
Sonia Carvalho City Attorney Present
Teri Ledoux City Manager Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
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Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 2
CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. Paul Lentz v. City of San Bernardino, Workers’ Comp. Case No. ADJ36342
ii. Ashtyn Alexander v. City of San Bernardino, Workers’ Comp. Claim No. 18-
138571
iii. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18-
139152
iv. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No.
CSBY-9611
v. Christopher De La Cruz v. City of San Bernardino, Workers’ Comp. Claim
No. 19-141005
vi. Michael Smith v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9118
vii. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. 18-
133928
viii. Gary Powell v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9745
ix. Otis Herrington v. City of San Bernardino, Workers’ Comp Claim No. CSBY-
9791
x. Veronica Garcia v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ12031519 and ADJ8145927
xi. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17-
132017
xii. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
xiii. Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San
Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No.
19-56501
xiv.Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th
Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC
Case No. CIVDS1827968)
xv. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012926
xvi. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2013562
xvii. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012538
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Two cases - Tort claim filed by Don Smith (dated March 31, 2020,
revised July 15, 2020) and tort claim filed by Matthew Brown (dated July 22, 2020).
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(C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code Section
54957): City Manager
(D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6): Agency Designated Representatives: Bob Hall & Associates
and City Attorney; Unrepresented Employee: City Manager
7:00 p.m.
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 7:09 p.m. by Mayor Valdivia on Wednesday, August 19, 2020, via Web-
Conference, San Bernardino, CA.
INVOCATION AND PLEDGE OF ALLEGIANCE
There was no invocation given. Mayor Pro Tem Sanchez led the Pledge of Allegiance to
the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that the Closed Session items were discussed and
there was no reportable action.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
At this time, the following 21 recorded Public Comments were heard:
Dr. Siraj, Founder of ECS Labs, micro business cannabis applicant, spoke regarding the
First Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis
Business Permits. He asked that the micro businesses and non-store front retail cannabis
establishments be excluded from the cannabis permit limit.
Acting City Clerk Rocha stated that the first recorded public comment was being heard
this evening since it was missed at the August 5, 2020 City Council Special Meeting.
Rayme Goodman, Ahmed, Christian Flores, Fabian Torres, Miriam Nieto, Michael
Segura, and Samuel Armando Castro all spoke regarding the lack of structure,
framework, and accountability of the Amended 2020-2021 Annual Action Plan Allocation
of COVID-19 Funds being received by the County of San Bernardino. They requested
that the language in the eviction moratorium be modified to protect families from
becoming homeless, and that there will be a fair and equitable distribution of rent relief
and eviction prevention funds for undocumented families. They asked that the Fiscal Year
2020-2021 budget be managed properly, be made public, and allow the direct service
providers to administer the Eviction Prevention Program rather than the San Bernardino
Housing Authority.
Janette McKaig, resident, asked Council Member Mulvihill about the progress of the
investigation into the alleged harassment by Mayor Valdivia. She asked why the report
had not yet been released.
Renee Johnson, resident, asked why there was partiality regarding the pop-up taco
stands in the city that were not adhering to COVID-19 requirements such as wearing
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Mayor and City Council of the City of San Bernardino Page 4
gloves, masks, and having no running water. She inquired as to how to recall Mayor
Valdivia.
Robert Porter, resident, spoke in opposition to potentially approving only 11 cannabis
licenses in the city, and stated that there should be at least 17 cannabis licenses approved
by City Council.
Shirley Harlan, resident, thanked the City Council for the repairs at the animal shelter.
She spoke about the need for transparency regarding the $68,000 investigation, findings,
and suggested a remedy into Mayor Valdivia’s behavior; whether criminal or civil in
nature.
Sapiro Tejas asked how the $6.5 million in COVID-19 relief would be used and where
could the information be found. She inquired if the children of the community would benefit
from these funds.
Merv Simkavich (phonetic spelling), expressed support of the Final Reading of Ordinance
MC-1541 Establishing the Maximum Number of Cannabis Business Permits.
Maribel Nunez, spoke regarding using CARES and ESG funds for a rental assistance
program for $1,295 per month for the next three months.
Christopher Gonzalez, also spoke regarding using CARES and ESG funds for a rental
assistance program for $1,295 per month for the next three months.
Mirella Gonzales, in Spanish, also spoke regarding using CARES and ESG funds for a
rental assistance program for $1,295 per month for the next three months.
Treasure Ortiz commented about the amount of litigation that the city is facing regarding
worker’s compensation, Pepe’s Towing, and claims against the mayor for harassment.
She expressed concern for the cost involved when the city’s reserves were already low.
Leticia Garcia, asked that the report regarding the claims against the Mayor for sexual
harassment be made public as soon as possible. She stated that the City Council must
do the right thing and release the report immediately. She requested that City Attorney
Carvalho resign her position due to claims made against her regarding conflict of interest.
Jocelyn Daugherty, resident, spoke in opposition to Measure F as citizens are being taxed
for poor decisions made by City Council.
Ryan Oganesian, President of RD San Bernardino, LLC and commercial cannabis
applicant No. CCB-18-0025, spoke in support of the original proposal from July 2020 for
increasing the number of commercial cannabis license permits from 11 to 17 as it would
benefit the city and the community as a whole, as a reliable source of tax revenue and for
medicinal uses for those in need.
Acting City Clerk Rocha read into record the names of individuals who submitted written
public comments regarding Item No. 4 on tonight’s agenda: Aaron Albrecht, Andrea
Garcia, Ariel Dolan, Beatrice Esparza, Deja Holland, Fanelly Milan, Boraz Rigsby, Felicia
Jones, Jeremiah Flores, Jule Patterson, Mary Angeles Guerrero, Maria Marta, Mia
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Cooper, Paul Quick, Rayme Goodman, Ramona Johnson, Sonya Grey-Hunn, and Victor
Ponce de Leon.
Acting City Clerk Rocha stated that Mr. Merv Simkavich submitted a written public
comment regarding Item No. 15 regarding the final reading of Ordinance MC 1541, in
addition to his recorded voice comment.
Acting City Clerk Rocha stated that Mr. Tim Dorame submitted a written public comment
regarding a sunshine ordinance.
Council Member Richard announced that Mayor Valdivia had lost his father, Gilbert
Valdivia and asked that the meeting be adjourned in his memory.
City Manager Teri Ledoux introduced and welcomed new Animal Services Director
Kristine Watson. Ms. Watson stated that she was excited to be there and was looking
forward to working with the team and serving San Bernardino residents and their animals.
STAFF REPORTS
1. Report on Use of Measure Z Funds for Fiscal Years 2016/17 through 2018/19
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive a report on the use of Measure Z funds and accompanying
independent auditor reports for fiscal years 2016/17 through 2018/19 approved
by the Measure Z Citizen’s Oversight Committee on August 10, 2020; and
2. Consider the recommendations provided by the Measure Z Citizen’s Oversight
Committee to adopt clear fiscal policies and procedures for the use of the City’s
revenue. The City’s fiscal policies should be established to ensure the City’s
long-term fiscal stability, providing clear direction so that the City’s finances are
managed in a manner that will provide for the delivery of quality services;
ensure a balanced budget; and establish reserves necessary to meet known
and unknown future obligations. The Committee further recommends that the
City Council direct staff to prepare these fiscal policies to be reviewed by the
Oversight Committee for input prior to being presented to the City Council for
adoption. Should voters approve a 1% general district sales tax in November
2020 (renewing and increasing the Measure Z district sales tax scheduled to
sunset on March 31, 2022) the Committee recommends the City Council
provide clear direction as to how this revenue will be allocated including
measurable goals prior to the November 2020 general election. The Mayor and
City Council will need to establish clear guidelines along with an expenditure
plan that will enable the Committee to participate in the review and oversight of
the use of this revenue in keeping with the City’s priorities including a balanced
distribution of resources to support:
• Public safety, emergency response and violence intervention services
• Cleaner and safer neighborhoods
• Retaining and attracting new businesses
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• Street, park, and library maintenance/improvements
• Youth, senior, and homeless service programs
Additionally, the Committee recommended that the City complete an annual audit
report with the Oversight Committee assigned responsibility for reviewing the City’s
compliance with the expenditure plan established for the use of the general district
sales tax revenue.
Sam Singery, Accounting Manager, gave a presentation, which he stated had also been
given to the Measure Z Advisory Committee. Measure Z Advisory Committee Chairperson
Reverend Bronica Martindale-Taylor gave the committee’s recommendations as included
in the PowerPoint presentation.
City Council discussion included: Commending the Measure Z Citizen’s Oversight Board
on their recommendations; potential issues if adopted; clarification that Measure Z was a
general tax, but that City Council could adopt general guidelines regarding its
expenditures; request to bring the policy recommendations back to the Mayor and City
Council in the form of a resolution for adoption at a future date; and a potential workshop
to discuss where to allocate the funds such as quality of life, economic development, etc.
to attract businesses.
RESULT: APPROVED STAFF'S RECOMMENDATION AND REQUESTED
THAT THE RECOMMENDATIONS PROVIDED BY THE MEASURE
Z COMMITTEE BE BROUGHT BACK FOR THE MAYOR AND CITY
COUNCIL'S CONSIDERATION AT A FUTURE MEETING, AND TO
HOLD A WORKSHOP REGARDING THE ALLOCATION OF FUNDS
[6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ABSENT: Juan Figueroa
2. Approve Changes in the Long-Range Property Management Plan Property
Disposition Designations for the Real Property Located at 562 West 4th
Street San Bernardino (APNs 0134-131-10 and 0134-131-30) and 780 North
“E” Street, San Bernardino (APN 0140-273-21) – Successor Agency Action
Recommendation:
Adopt Resolution No. 2020-145, of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, approving changes to the Long-Range
Property Management Plan (LRMP) property disposition designations for the real
property located at 562 West 4th Street, San Bernardino (APNs 0134-131-10 and
0134-131-30) and 780 North “E” Street, San Bernardino (APN 0140-273-21) from
future development use to government use.
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RESULT: ADOPTED RESOLUTION NO. 2020-145 [6-0]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ABSENT: Juan Figueroa
3. City Clerk Employment Agreement
Recommendation
Adopt Resolution No. 2020-212 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute an employment
agreement for the position of City Clerk (U) with Genoveva Rocha to commence
on August 19, 2020.
Human Resources Director Edelia Eveland presented the staff report. She noted that she
was required to read the following statement into the record: “In accordance with
Government Code Section 54953(c)(3), the legislative body is required to orally report a
summary of the recommendation for a final action on the salaries, salary schedules, and
compensation paid in the form of fringe benefits of a local agency executive during the
open meeting in which the final action is to be taken.” She noted that Item No. 3 was a
contract for the position of City Clerk, the base salary was $123,336 per year, the position
receives management/confidential unit benefits, and the City Clerk receives a vehicle
allowance pursuant to Resolution No. 2018-171.
Mayor Valdivia requested that City Manager Ledoux call the vote, since the City Clerk
was the subject of the item.
RESULT: ADOPTED RESOLUTION NO. 2020-212 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill, Valdivia
NAYS: None
ABSENT: Juan Figueroa
PUBLIC HEARINGS
4. Substantial Amendment Action Plan - Coronavirus Relief Funds
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold a public hearing and:
1. Adopt a Substantial Amendment to the FY 2020/21 Action Plan:
a. Directing the Finance Director to amend the Fiscal Year 2020/21 Budget
pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action
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Plan;
b. Directing the Finance Director to establish new funds and associated
accounts for the Community Development Block Grant (CDBG-CV1), the
Emergency Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the
Substantial Amendment to the Fiscal Year 2020-2021 Action Plan;
c. Directing the Finance Director to establish an account in the Low Mod
Housing Fund (Fund 127), in the amount of $1,049,000 for Seccombe Park
Housing Project, and reduce the budget for the project under HOME fund
116 by the same;
d. Authorizing the City Manager or designee to take any further actions and
execute any further documents and certifications as may be necessary to
effectuate the submittal of the Substantial Amendment to the Fiscal Year
2020/21 Action Plan; and
2. Adopt Resolution No. 2020-211 of the Mayor and City Council of the City of
San Bernardino, California, authorizing the City Manager to utilize the State
allocated Coronavirus Relief Funds for eligible activities as authorized by the
US Department of the Treasury.
Mayor Valdivia opened the Public Hearing at 8:30 p.m.
Housing Manager Gretel Noble presented the staff report.
Discussion included establishing a formal partnership with the County of San Bernardino
to pool resources and address homelessness on a broader scale, how many beds the
City partners currently have available for homeless, and how the various types of funds
have been distributed to community partners.
The Mayor and City Council discussed Project No. 11 in the report for the substantial
amendment to the Fiscal year 2020-21 budget, which included $1,300,000 in HOME
(HOME Investment Partnerships Program) funds allocated to two different locations in
the City for permanent housing for the homeless; 450 N. G St. and 2626 Pacific Street.
Council Members expressed concerns regarding the 450 N. G St. which had been
determined by San Bernardino County without the City’s input.
Council Member Nickel made a motion to provide a portion of the $1,300,000 HOME
funding to the 2626 Pacific Street location only, and that no funding be provided for the
450 N. G St. location at this time, due to the Mayor and City Council’s concerns.
Housing Manager Noble confirmed that 2626 Pacific Street would receive their portion of
the funding, the exact amount to be determined, and the rest of the funds would be put
on hold until the issues with the other location are resolved.
The one Public Comment for the Public Hearing was as follows:
Lucia Gallegos spoke in support of allocating funds for rent relief for San Bernardino
residents.
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At the time the vote was called, Council Member Figueroa stated that he had been
present for Closed Session; however, he was unable to gain access to the meeting
audio to vote. He further stated that since he was only able to re-connect to the
web conference in the midst of the discussion of this item (No. 4) that he was going
to abstain from the vote.
RESULT: APPROVED STAFF’S RECOMMENDATION, WITH AN
AMENDMENT TO THE HOME FUNDING PORTION OF THE
BUDGET AMENDMENT – NO FUNDS WILL BE PROVIDED TO THE
450 N. G ST. HOMELESS HOUSING LOCATION AT THIS TIME [6
TO 0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ABSTAIN: Juan Figueroa
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion
unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM
NOs. 9, 11, 13, 15, 16 and 18 FOR SEPARATE DISCUSSION [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
5. June and July 2020 City Board, Commission, and Citizen Advisory Committee
Approved Minutes
Recommendation
Receive and file the minutes from the City Board, Commission, and Citizen Advisory
Committee meetings approved in July 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
6. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for July 2020.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
7. Resolution Authorizing the OTS TRIP Grant
Recommendation
Adopt Resolution No. 2020-200 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY
2020/2021 Adopted Budget by $48,800.
RESULT: ADOPTED RESOLUTION NO. 2020-200 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
8. Resolution Authorizing a Purchase and Sale Agreement Between the City of
San Bernardino and LEHR Auto Electric; Amending the Budget; and Issuing a
Purchase Order to LEHR Auto Electric and Fairview Ford, Pursuant to the San
Manuel Community Credit Fund Restricted Grant Agreement
Recommendation
Adopt Resolution No. 2020-201 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement between the City of San Bernardino and LEHR Auto Electric;
authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget,
appropriating $659,257 to issue a purchase order to LEHR Auto Electric in an amount
not to exceed $120,000 and a purchase order to Fairview Ford in an amount not to
exceed $84,000, and further authorize the Director of Finance to amend the
FY 2020/21 Adopted Budget to transfer the Unfunded Actuarial Liability in the amount
of $312,369 from 001-210-8652-5034 into 001-120-0078-5034.
RESULT: ADOPTED RESOLUTION NO. 2020-201 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
9. Resolution to Issue a Purchase Order to Fairview Ford Sales, Inc., for the
Purchase of COVID-19 Resistant Vehicles
Recommendation
Adopt Resolution No. 2020-202 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to issue a Purchase Order
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to Fairview Ford Sales, Inc., in an amount not to exceed $210,000.
Police Chief Eric McBride clarified that these funds were obtained through a Federal
Grant for adding COVID-19-related features to five police vehicles for prisoner transport
safety.
RESULT: ADOPTED RESOLUTION NO. 2020-202 [6 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra
10. Professional Services Agreement for Workers' Compensation Legal Services
Recommendation
Adopt Resolution No. 2020-203 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement between Goldman, Magdalin & Krikes LLP and the City of San
Bernardino for workers’ compensation legal services.
RESULT: ADOPTED RESOLUTION NO. 2020-203 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
11. First Amendment to the Professional Services Agreement Between the City of
San Bernardino and Joe A. Gonsalves & Son for State Legislative Advocacy
Services
Recommendation
Adopt Resolution No. 2020-204 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the First Amendment
to the Professional Services Agreement between the City of San Bernardino and Joe
A. Gonsalves & Son for State Legislative Advocacy Services.
Council Member Ibarra made a motion to reject this item. The motion was seconded by
Council Member Shorett.
Council Member Nickel made a substitute motion to table the item until a new City
Manager is hired so that he or she may contribute to this decision. This motion was
seconded by Mayor Pro Tem Sanchez.
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RESULT: SUBSTITUTE MOTION TO TABLE THE ITEM – FAILED [3 TO 4]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Nickel, Richard
NAYS: Ibarra, Figueroa, Shorett, Mulvihill
At this time, the vote was taken on Council Member Ibarra’s original motion to reject staff’s
recommendation.
RESULT: APPROVED TO REJECT THE 1ST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
AND JOE A. GONSALVES & SON FOR STATE LEGISLATIVE
ADVOCACY SERVICES [4 TO 3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Ibarra, Figueroa, Shorett, Mulvihill
NAYS: Sanchez, Nickel, Richard
12. Purchase and Sale Agreement with Mat Baburyan, Trustee of the Mat Baburyan
Revocable Trust, Dated February 21, 2017, with Respect to the Real Property
Located at 757 and 761 N. Mt. Vernon Avenue (APNs 0139-291-60 and 0139-291-
61) – Successor Agency Action
Recommendation
Adopt Resolution No. 2020-199 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, approving the Purchase and Sale Agreement
and Joint Escrow Instructions between the Successor Agency and Mat Baburyan,
Trustee of the Mat Baburyan Revocable Trust, dated February 21, 2017, with respect
to the real property located at 575 and 761 N. Mt. Vernon Avenue, San Bernardino,
California (APNs 0139-291-60 and 0139-291-61), and approve certain related
actions.
RESULT: ADOPTED RESOLUTION NO. 2020-199 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
13. Resolution Approving the Transfer of City Real Property Assets to Housing
Partners I, Inc.
Recommendation
Adopt Resolution No. 2020-205 of the Mayor and City Council of the City of San
Bernardino, California, approving the transfer of certain City-owned real property
assets to Housing Partners I Inc., for the Infill Housing Program and authorize the
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City Manager or designee to take any further actions as necessary to effectuate the
transfer of the real property assets.
Council Member Ibarra stated she would be voting “no” on this item.
RESULT: ADOPTED RESOLUTION NO. 2020-205 [5 TO 2]
MOVER: Bessine L. Richard, Council Member, Ward 6
SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
AYES: Sanchez, Figueroa, Nickel, Richard, Mulvihill
NAYS: Ibarra, Shorett
14. Resolution Approving a Subordination of a Deed of Trust for 3248 Greystone
Road, San Bernardino, California
Recommendation
Adopt Resolution No. 2020-206 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino, approving a Subordination of
a Deed of Trust in connection with a refinancing of the senior mortgage relating to
real property located at 3248 Greystone Road, San Bernardino, California.
RESULT: ADOPTED RESOLUTION NO. 2020-206 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
15. Final Reading of Ordinance MC-1541 Establishing the Maximum Number of
Cannabis Business Permits
Recommendation
Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City Council
of the City of San Bernardino, California, establishing the maximum number of
cannabis business permits authorized, pursuant to Section 5.10.080 of the San
Bernardino Municipal Code.
There was discussion amongst the City Council regarding the number of retail cannabis
locations in the City per number of residents, the physical distance between locations,
and Elected Official participation in cannabis application decisions.
Mayor Pro Tem Sanchez made a motion to modify the Ordinance to allow only one retail
cannabis license per every 12,500 residents in the City, and to introduce integrity
standards regarding relationships between cannabis applicants and elected officials. The
motion was seconded by Council Member Richard.
Mayor Valdivia announced he would be abstaining from this item out of an abundance of
caution even though he did not have any conflicts of interest. Mayor Pro Tem Sanchez
chaired the meeting during his absence.
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City Attorney Carvalho clarified Mayor Pro Tem Sanchez’s motion and read a portion of
Section 5.10 of the Municipal Code of the City of San Bernardino to clarify the meaning
of “retail”.
Council Member Mulvihill asked Mayor Pro Tem Sanchez to amend his motion to include
a distance requirement of 2,500 feet between cannabis retail locations.
City Attorney Carvalho confirmed that per the Municipal Code, the City Council only has
the authority to decide how many permits to issue, and what types of permits to issue.
She stated that the City Council is not allowed to decide what the physical distance
between outlets should be. She advised that Director Huntley would have to bring that
standard back as a Zoning Code Amendment.
RESULT: INTRODUCED ORDINANCE MC-1541 AND DIRECTED STAFF TO
AMEND THE ORDINANCE TO ONLY ALLOW ONE RETAIL
CANNABIS LICENSE PER EVERY 12,500 CITY RESIDENTS
(TOTALING 17 RETAIL ESTABLISHMENTS), AND INCLUDE
INTEGRITY GUIDELINES THAT FORBID ELECTED OFFICIALS
FROM BEING INVOLVED IN THE APPLICATION PROCESS [5 TO
2]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard
NAYS: Shorett, Mulvihill
Mayor Valdivia returned after the vote for Item No. 15 was completed.
16. Resolution Approving a Construction Agreement W/Tetra Tech for Waterman
Landfill Upgrades
Recommendation
Adopt Resolution No. 2020-142 of the Mayor and City Council of the City of San
Bernardino, California, approving a construction contract with Tetra Tech, Inc. of San
Bernardino, California, for landfill gas collection and treatment system upgrades at
the Waterman Landfill and authorizing the City Manager to execute the contract.
Council Member Figueroa stated that he would not support this item.
Public Works Director Kris Jensen clarified that this project had already been approved
and had already started, and the item only changes the type of agreement the City has
with Tetra Tech.
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RESULT: ADOPTED RESOLUTION NO. 2020-142 [5 TO 2]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra, Juan Figueroa
17. Resolution Awarding a Construction Contract to TSR Construction and
Inspection for Animal Shelter Electrical Service Replacement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-207:
1. Approving a total project budget for the Animal Shelter Electrical Service
Replacement Project (CIP GB20-001) in the amount of $213,000 for the
construction contract in the amount of $187,389, project contingencies in the
amount of $19,000, and engineering and inspection budgets in the amount of
$6,611; and
2. Approving the award of a Construction Contract with TSR Construction and
Inspection of Rancho Cucamonga, California in the amount of $187,389; and
3. Authorizing the Acting Director of Finance to amend the adopted FY 2020/21 CIP
to reflect a total project budget of $213,000 and record any necessary budget
adjustments in Animal Shelter Improvement Fund No. 124; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
RESULT: ADOPTED RESOLUTION NO. 2020-207 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
18. Resolution Approving the Patton Basin Outlet Repair Change Order
Recommendation
Adopt Resolution No. 2020-208 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Contract Change
Order (CCO) #1 to Project No. 8015 with Jeremy Harris Construction Inc., in the
amount of $78,595.50, for a full construction contract not-to-exceed amount of
$574,966.50 and authorizing the Acting Director of Finance to increase the purchase
order to reflect the full construction cost.
Council Member Ibarra stated that she pulled this item because she wanted to vote in
opposition to it.
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RESULT: ADOPTED RESOLUTION NO. 2020-208 [6 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra
19. Resolution Approving Revised Cooperative Agreement with SBCTA for
Metrolink Accessibility Phase II
Recommendation
Adopt Resolution No. 2020-209 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the revised
Cooperative Agreement No. 20-1002318 with the San Bernardino County
Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink
Station Accessibility Improvement Project and authorizing the Acting Director of
Finance to record a budget adjustment in the Measure I Fund No. 129 in the amount
of $18,000 to support the project.
RESULT: ADOPTED RESOLUTION NO. 2020-209 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
20. First Amendment to Vendor Services Agreement with RP Landscape and
Irrigation - Bryce Hanes Park
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution 2020-210:
1. Approving First Amendment to Vendor Services Agreement between the City of
San Bernardino, California, and RP Landscape and Irrigation for landscape
maintenance of the City’s north, central and south park sites (“First Amendment”)
through June 30, 2021, to include maintenance services at Bryce Hanes Park in
the amount of $32,787 for FY 2020/21 ($3,278.70 per month); and
2. Authorizing the City Manager to execute the First Amendment; and
3. Authorizing the Director of Finance to record budget adjustments to FY 2020/21
Operating Budget for Bryce Hanes Park Landscape Maintenance Fund No. 001-
400-8790 to support the park’s landscape maintenance contract, infrastructure
maintenance and utility expenses totaling $66,188.
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RESULT: ADOPTED RESOLUTION NO. 2020-210 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
21. Final Reading and Adoption of Ordinance MC-1538 Amending Ordinance MC-
1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1538 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2020/21 to pay the annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement and administrative expenses,
with respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1538 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
22. Final Reading and Adoption of Ordinance MC-1539 Amending Ordinance MC-
1522 and Levying Special Taxes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1539 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2020/21 to pay the annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1539 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
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23. Authorization to Issue a Purchase Order to Connections for the Renewal of
Microsoft Office 365 in an Amount Not to Exceed $166,345.00 for FY 2020/21
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager or designee to authorize the purchase of
Microsoft Office 365 from Connections in an amount not to exceed $166,345.
RESULT: APPROVED THE PURCHASE ORDER [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
24. Final Reading and Adoption of Ordinance MC-1540 Authorizing the Levy of
Special Taxes
Recommendation
It is recommended that the Mayor and City Council if the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1540 levying special
taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of certain
public improvements and costs of administration with respect to City of San
Bernardino Community Facilities District No. 2020-1.
RESULT: ADOPTED ORDINANCE NO. MC-1540 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ADJOURNMENT
The Meeting of the Mayor and City Council was adjourned at 10:50 p.m. on Wednesday,
August 19, 2020, in memory of Mayor Valdivia’s father, Gilbert Valdivia.
The next Joint Regular Meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, September 2, 2020, in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and
Open Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 6, 2022
5:30 PM
Closed Session was called to order at 5:32 PM by Mayor Valdivia on Wednesday, April
6, 2022, via Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Mayor Pro Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present 5:40 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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5:30 PM
CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz, San Bernardino, stated that Mayor should not be involved with the
negotiations with Montecito Equities in closed session because he has received political
contributions from them. She also spoke about the “Andrea Miller” case and advised
that we need to make sure we are doing everything possible to not protect elected
officials for agreements that they vote to approve.
Paula Plunk, San Bernardino, thanked Treasure Ortiz for remembering democracy.
She expressed opposition to Council Member Ibarra’s request for legal representation.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Rick Garcia v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVDS2014140 (Risk)
b. Ronald Alejandro Molina Santacruz v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS193924 (Risk)
c. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case
No. CIVDS2015337 (Risk)
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One
Item (CAO)
C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS - Discussion of
Evaluation Procedures (Pursuant to Government Code Section 54957):
Titles: City Manager; City Attorney; and City Clerk (CM)
D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated
November 20, 2020. (CM)
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 7:07 PM by Mayor Valdivia on Wednesday, April 6, 2022, Feldheym
Central Library, San Bernardino, CA.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Jorge Murguia from San Bernardino First Church of the Nazarene led the
invocation and Councilmember Calvin led the Pledge of Allegiance to the Flag.
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CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that the City Council had authorized staff to file a
receivership action in a nuisance abatement case.
CITY MANAGER UPDATE
City Manager Rob Field provided city-wide updates to the Mayor and City Council,
including local road closures, new Public Works Street and park projects, and hiring of
the new Police Chief, Darren Goodman, effective June 1st.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Important
updates included domestic flights coming to the San Bernardino airport, improvements
at Seccombe Lake, restricted truck routes, and Neighborhood Association meetings.
Council Member Alexander announced that himself and Council Member Calvin
attended a virtual Job Corps event, as well as the San Bernardino Valley College
annual gala.
PRESENTATIONS
1. Proclamation for National Library Week - April 3-9, 2022 (All Wards)
Mayor Valdivia presented the proclamation to Library Director Ed Erjavek.
2. Proclamation for National Donate Life Month - April 2022 (All Wards)
Mayor Valdivia presented the proclamation to a representative from One Legacy.
3. Proclamation for Volunteer Appreciation Month - April 2022 (All Wards)
Parks and Recreation Director Lydie Gutfeld made a presentation and recognized
some of the City’s volunteers. Mayor Valdivia presented the proclamation to
Director Gutfeld.
4. 2021 Public Safety Report (All Wards)
Interim Police Chief David Green presented the report. The report was a general
overview of crime and public safety efforts. Highlights included common types of
theft in the city, and property and violent crime statistics.
After the presentations, City Manager Rob Field announced that Item No. 10
would be continued to the May 4th, 2022, Mayor and City Council Meeting.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Lesley Stevens, San Bernardino Chamber of Commerce, announced that the 66ers
Baseball Team’s opening game is May 6th, the Chamber of Commerce is hosting a
meeting on April 20th, and the National Orange Show fair begins April 20th at the
Fairgrounds.
Paula Plunk spoke in opposition of Mayoral Candidates Helen Tran, John Valdivia, and
Jim Penman. She encouraged people to vote on June 7th.
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Thelma Thomas spoke in support of homeless people and stated that they are often
mistreated by police.
Advocating for Everyone (A.F.E.), Cal State San Bernardino, representative Cassandra
stated that their group is comprised of six students. They explained the results of the
survey, including requests from citizens for more resources in the city.
Alejandro Faz, University of Southern California Student and Animal Control
Commissioner, spoke in support of Item No. 35 proposing the formation of a youth civic
council.
John Shollenberger discussed Items No. 16 and 17. He stated he did not agree with the
city legally representing Council Member Ibarra in the “Miller” lawsuit.
Harry Hatch spoke in support of prohibiting fireworks.
Mike Hartley asked that street sweeping be reinstated, spoke in support of more Code
Enforcement officers, and asked for more Police Officers to patrol the apartment
buildings in the city.
Luis Ojeda, “We are the Change”, announced that he is working with the city to bring
back “SB Food Fest”.
Treasure Ortiz spoke about Item No. 16. She opposed Council Member Ibarra being
legally represented by the city. She supports the Violence Intervention Program (V.I.P).
Jim Penman discussed the city’s bankruptcy. He also stated that when he was the city’s
attorney, lies were told about him that led to his recall.
Marcus Funches, Assistant Superintendent of Human Resources for the San
Bernardino Unified School District, encouraged building a partnership between the city
and the school district. He supports a youth council within the city.
Rick Avila spoke in opposition of mayoral candidates Jim Penman, Helen Tran, or John
Valdivia. He supports Treasure Ortiz for Mayor.
Lawanda Ranger supports Jim Penman for mayor. She stated that the next mayor
should be a good leader and a good example.
Dr. Scott Wyatt, President of the San Bernardino Unified School District, spoke in
support of future agenda Item No. 35, a student advisory council. He also asked the
Mayor and City Council to address the potholes in the city.
At this time, City Clerk Genoveva Rocha read the following written ADA
accommodation public comment aloud into the record:
Tim Dorame stated that he does not support Jim Penman, John Valdivia or Helen Tran
for mayor.
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Hardy Brown expressed his support for the first African American Police Chief, Darren
Goodman. He thanked City Manager Field for hiring Mr. Goodman.
DISCUSSION
5. Ordinance Amending Chapter 19.70.030 of the San Bernardino Municipal
Code Exempting Students of Educational Institutions Engaged in Film-Making
Activities from the Special Events Permit Fee
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance MC-1575
amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the
Special Events permit fee for students conducting filmmaking activities; and
2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy
The staff presentation was waived.
RESULT: INTRODUCED ORDINANCE NO. MC-1575 AND ADOPTED
POLICY [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
6. Ordinance - Property Maintenance Code (Vacant Building Board-Up
Standards) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1576 of the Mayor and City Council of the City of San Bernardino, California,
amending Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings
and Construction) of the City of San Bernardino Municipal Code adding Section
15.05.300 (Vacant Building Board-Up Standards); and finding the exemption
under the California Environmental Quality Act; and
2) Schedule the adoption of the above Ordinance for the regularly scheduled
meeting of the Mayor and City Council on May 4, 2022.
Council Member Figueroa, Council Member Sanchez, and Mayor Valdivia asked for
clarification of the ordinance. Planning Division Manager Oliver Mujica provided a
brief synopsis.
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RESULT: INTRODUCED ORDINANCE NO. MC-1576 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
7. Update on Organics Collection, Processing and Disposal Services Due to SB
1383 Short-Lived Climate Pollutants Mandate (All Wards)
Recommendation
The Mayor and City Council to receive an update on the status of the City’s efforts
to comply with the SB 1383 Short-Lived Climate Pollutants Mandate.
Alex Qishta, Deputy Director of Public Works, provided a presentation regarding
SB1383 and the city’s agreement with Burrtec for trash collection. Council Member
Calvin asked if food waste could be provided to community gardens for free.
RESULT: NO ACTION TAKEN; RECEIVED UPDATE
PUBLIC HEARINGS
8. Public Hearing on Annexation No. 12 to Community Facilities District 2019-1
(Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-65 of the Mayor and City Council of the City of
San Bernardino, California, calling an election to submit to the qualified
electors the question of levying a special tax within the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services)
(Annexation No. 12);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-66 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 12);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1577 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 2022-23 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
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Bernardino Community Facilities District No. 2019-1 (Maintenance Services);
and
6. Schedule the final reading and adoption of Ordinance No MC-1577 for May 4,
2022.
Mayor Valdivia opened the Public Hearing at 9:52 PM
There were no written communications received or public comments for this item.
City Clerk Rocha confirmed that zero written protests were received.
The Public Hearing was closed at 9:53 p.m.
RESULT: ADOPTED RESOLUTION NO. 2022-65 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
RESULT: ADOPTED RESOLUTION NO. 2022-66 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
RESULT: INTRODUCED ORDINANCE NO. MC-1577 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM
NOs. 11, 17, and 18 FOR DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
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9. Approval of Mayor City Council Meeting Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the January 19, and February 2, 2022, Regular
Meeting of the Mayor and City Council.
RESULT: APPROVED MAYOR AND CITY COUNCIL MINUTES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
10. Violence Intervention Program Contract Amendments (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to amend Professional Services Agreements
with Hope Culture and Young Visionaries Youth Leadership Academy by increasing
the amount of each agreement by $250,000, for a total of $500,000 of American
Rescue Plan Act funds.
City Manager Field requested that this item be continued to a future meeting and
there was a consensus from the Mayor and City Council.
RESULT: NO ACTION TAKEN; CONTINUED TO MAY 4, 2022, AT THE
REQUEST OF THE CITY MANAGER
11. Amendment No. 1 to Professional Services Agreement with PlaceWorks for
the Enhanced Public Participation Program (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 1 to the
Professional Services Agreement with PlaceWorks for the enhanced Public
Participation Program associated with the comprehensive General Plan update and
Downtown Specific Plan.
Council Member Sanchez pulled this item and asked staff to explain the amendment.
Planning Manager Mujica explained that the amendment is for public outreach and
holding more General Plan and Downtown Specific Plan community workshops. Council
Member Sanchez asked to continue the item to the next council meeting, to allow
PlaceWorks to come in and present to the council with more details.
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RESULT: CONTINUED TO MAY 4, 2022 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
12. City Board, Commission, and Citizen Advisory Committee Minutes Approved
in February/March 2022
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the minutes from the City board, commission, and citizen advisory
committee meetings approved in February and March 2022.
RESULT: APPROVED MINUTES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
13. Professional Service Agreement with Matrix Consulting Group for a
Comprehensive Fee Study (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute a Professional Services
Agreement between the City of San Bernardino and Matrix Consulting Group for a
comprehensive fee study.
RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
14. 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 2022.
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RESULT: APPROVED DISBURSEMENTS [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
15. Investment Portfolio Report for February 2022 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for February
2022.
RESULT: APPROVED REPORT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
16. Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement
Re: Miller II (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize the City Manager to execute the First Amendment
to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for
representation in the San Bernardino Superior Court Case No. CIVDS2015337;
and authorize the Director of Finance to amend the Purchase Order to Stream, Kim,
Hicks, Wrage & Alfaro.
RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
17. Amendment to Atkinson, Andelson, Loya, Ruud & Romo Legal Service
Agreement Re: Miller II (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the Second Amendment to the
Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for
representation in the San Bernardino Superior Court Case No. CIVDS2015337; and
authorize the Director of Finance to amend the Purchase Order to Atkinson,
Andelson, Loya, Ruud & Romo.
Council Member Alexander pulled this item and asked City Attorney Sonia Carvalho
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why this item was on the agenda. City Attorney Carvalho stated that the city has a duty
to defend employees that are acting within the scope of their duties. Human Resources
Director Rene Anderson stated that all contract amendments are routinely brought
before the council. City Attorney Carvalho confirmed that there are two law firms
assigned to this case number (CIVDS2015337), one which represents a Council
Member, and one which represents the city. Council Member Calvin again questioned
which agenda item represented which entity, and City Attorney Carvalho confirmed
again that this item, number 17, is regarding defending the City in this lawsuit. The City
is one defendant in this lawsuit.
RESULT: APPROVED AMENDMENT TO AGREEMENT [5 TO 1]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
NAYS: Ben Reynoso
ABSENT: Sandra Ibarra
18. Approving Job Classifications, Amending the Salary Schedule and the Fiscal
Year 2021/22 Adopted Budget (All Wards)
Recommendation
Adopt Resolution No. 2022-67 of the Mayor and City Council of the City of San
Bernardino, California, approving the:
1. Deputy Director of Human Resources (U) job classification;
2. Deputy Director of Information Technology (U), reclassification from IT
Operations Supervisor;
3. Grant Division Manager (U) job classification;
4. Grant Writer job classification;
5. Administrative Supervisor and Executive Assistant to the City Manager (U),
reclassification from Executive Assistant to City Manager (U)
6. Procurement Contract Specialist, job classification3:
7. Treasury Manager, reclassification from Treasury Supervisor;
8. Senior IT Technician, update the classification title only from IT Technician II;
9. Addition of four Code Enforcement Officers to the Community & Economic
Development Department;
10. Amendment of the City-wide salary schedule for full-time, part-time, temporary,
and seasonal positions; and
11. Amendment to Fiscal Year 2021-22 Adopted Budget by appropriating an
additional $128,450.
Council Member Sanchez requested that staff's recommendation be amended to
include a total of eight (8) Code Enforcement Officers. There was discussion among
council members regarding which fund these positions would be allocated from.
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RESULT: APPROVED WITH AMENDMENT TO STAFF RECOMMENDATION
TO INCLUDE A TOTAL OF EIGHT (8) CODE ENFORCEMENT
OFFICERS [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
19. Amendment to the Professional Services Agreement for Graves and King (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the First Amendment to the
Professional Services Agreement with Graves and King for representation in San
Bernardino Superior Court Case No. CIVDS 2014140; and authorize the Director of
Finance to amend the Purchase Order to Graves and King.
RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Ibarra
20. Application for the California Drought, Water, Parks, Climate, Coastal
Protection, and Outdoors Access for All Act of 2018 Per Capita Program
(Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2022-68, approving the application for the
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access
for All Act of 2018 Per Capita Program.
RESULT: ADOPTED RESOLUTION NO. 2022-68 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
21. Hometown Heroes Military Banner Program Update (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an update on the Hometown Heroes Military Banner
Program.
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RESULT: APPROVED BANNER PROGRAM UPDATE [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
22. Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation
No. 14 (Ward 3)
Recommendation
Adopt Resolution No. 2022-69 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. 14) and authorizing the
levy of special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2022-69 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
23. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 16, Tax Zone No. 17
(Belmont) (Ward 5)
Recommendation
Adopt Resolution No. 2022-70 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. 16) and authorizing the
levy of special taxes therein.
Council Member Reynoso asked that the special taxes from this annexation pay for
additional streetlights in the area. Deputy Director of Public Works Alex Qishta stated he
could speak to the developer about the request.
RESULT: ADOPTED RESOLUTION NO. 2022-70 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
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24. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 17, Tax Zone No. 18 (G&M
Oil #18) - (Ward 3)
Recommendation
Adopt Resolution No. 2022-71 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. 17) and authorizing the
levy of special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2022-71 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
25. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2018-1 (Safety Services) Annexation No. 4, (Tract 20145) (Ward 5)
Recommendation
Adopt Resolution No. 2022-72 of the Mayor and City Council of the City of San
Bernardino, acting as the legislative body of Community Facilities District No. 2018-
1 of the City of San Bernardino (Safety Services), declaring its intention to consider
annexing territory to Community Facilities District No. 2018-1 of the City of San
Bernardino (Safety Services).
RESULT: ADOPTED RESOLUTION NO. 2022-72 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
26. Resolution to Initiate Preparation of Engineer's Report of Previously Formed
Landscape and Lighting Maintenance Districts, Initiating Proceedings to Levy
and Collect Assessments for Fiscal Year 2022/2023 (All Wards)
Recommendation
Adopt Resolution No. 2022-73 of the Mayor and City Council of the City of San
Bernardino, California, initiating proceedings to levy and collect assessments for
Fiscal Year 2022/23 in Assessment Districts pursuant to The Landscaping and
Lighting Act of 1972, appointing the Engineer of Record, and ordering preparation of
Engineer's Reports.
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RESULT: ADOPTED RESOLUTION NO. 2022-73 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
27. Mount Vernon Bridge Replacement - Construction and Maintenance
Agreement No. 22-1002699 (Wards 1,3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Construction and Maintenance
Agreement No. 22-1002699 with the San Bernardino County Transportation
Authority (SBCTA) and Southern California Regional Rail Authority (SCRRA) for the
demolition, construction, and maintenance of the Mount Vernon Bridge.
RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
28. Graffiti Abatement and Dilapidated Building Painting Program Assessment
(All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file a report regarding the assessment of utilizing in-house
staff versus contracted staff for graffiti abatement and dilapidated building painting
services.
RESULT: APPROVED RECEIVE AND FILE OF REPORT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
29. Agreement with Phoenix Group Information Systems (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute a Professional Services
Agreement between Phoenix Group Information Systems and the City of San
Bernardino for parking citation processing services; and authorize the Director of
Finance to issue a purchase order to Phoenix Group Information Systems in an
amount not to exceed $100,000 per fiscal year; and amend the budget each
contract year if needed in an amount not to exceed 35% of the revenues collected
through the Parking Citation Intercept programs.
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RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
30. First Amendment to the Professional Services Agreement with Axon
Enterprise, Inc., for Body Worn Camera Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the First Amendment to the
Professional Services Agreement with Axon Enterprise, Inc., for body worn camera
services; and authorize the Director of Finance to issue a purchase order to Axon
Enterprise Inc. in an amount not to exceed $37,000.
RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
31. Progressive Design Build - California Theatre Improvements Project (Ward 1)
Recommendation
Adopt Resolution No. 2022-74 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting the California Arts Council Grant in the amount of $2,500,000;
2. Authorizing the Director of Finance to amend the FY2021/22 CIP to include
California Theatre Improvements Project (“Project”) in the total project cost
amount of $2,500,000; and
3. Approving an Award of a Progressive Design Build Contract with Tilden-Coil
Constructors, Inc. in the amount of $309,031 to be paid from unspent Measure S
funds and reimbursed from grant proceeds; and
4. Authorizing the City Manager or designee to finalize and execute all documents
related to the Project.
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RESULT: ADOPTED RESOLUTION NO. 2022-74 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
32. Consideration of a Development Code Amendment to Permit Open Porches to
Encroach into the Front Setback (All Wards) (Council Member Sanchez)
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
33. Mobile Showers for the Unhoused (All Wards) (Council Members Ibarra &
Sanchez)
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
34. Policy Manual Regarding Grant Funded Positions (All Wards) (Council
Member Alexander)
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-1]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Kim Calvin, Council Member, Ward 6
AYES: Figueroa, Shorett, Calvin, Alexander
NOES: Theodore Sanchez
ABSENT: Sandra Ibarra, Ben Reynoso
35. Establish a Program for High School Students to Serve as Junior Council
Members to Encourage Greater Civic Engagement, Reporting through the City
Manager's Office (All Wards) (Council Member Calvin)
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RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Sandra Ibarra
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 10:32 PM on Wednesday,
April 6, 2022 in honor of Tony Murguia.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, May 4th, 2022 in the Council Chamber located at 201 North “E” Street, San
Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session
will begin at 7:00 p.m.
By:_________________________
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
TUESDAY, APRIL 26, 2022
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 5:35 PM by Mayor Pro Tem Figueroa on Tuesday, April 26, 2022, via
Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present 5:44 p.m.
Juan Figueroa Mayor Pro Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Absent
Ben Reynoso Council Member, Ward 5 Present 5:39 p.m.
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Absent
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2
PLEDGE OF ALLEGIANCE
Council Member Sanchez led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Treasure Ortiz, San Bernardino, commented that she was the only resident that was
present at the meeting. She requested that the Mayor and City Council invest in the
priorities of the community. She requested money be spent on streets, parks, and literacy
programs at the libraries.
DISCUSSION
1. Preliminary Overview and Discussion of the Biennial Budget for Fiscal Years
2022/23 to 2023/24
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
receive the presentation regarding the Fiscal Years 2022-23 and 2023-24 budget and
discuss preliminary budget priorities.
Director of Finance Barbara Whitehorn and Budget Manager Tanya Williams provided a
presentation about the budget process for the new draft biennial budget Fiscal Years
2022/23 and 2023/24. Revenue and expense projections were presented, as well as the
budget calendar and timeline.
There was discussion amongst the City Council regarding the Verdemont area storm
drain project, street repairs and concrete work throughout the City, new parks and
libraries, and Code Enforcement nuisance abatement.
City Manager Field informed the City Council that staff will be pursuing additional grant
funding to accomplish new projects in the community, as well as receiving additional
American Rescue Plan Act (ARPA) funding.
ADJOURNMENT
The meeting was adjourned at 6:43 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, May 4, 2022 at the Feldheym Library located at 201 North “E” Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 26, 2023
6:00 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 6:01 PM by Mayor Helen Tran on Wednesday, April 26, 2023, at Feldheym Central
Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles E. McNeely Interim City Manager Present
Thomas Rice City Attorney Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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6:00 P.M.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Fred Shorett led the Pledge of Allegiance to the flag
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Desiree Sanchez, American Civil Liberties Union of Southern California, spoke in
support of Item No.1. She thanked the council for prioritizing this, and asked for more
than 24 hours' notice of Special Meetings for the residents.
At this time, the following remote speakers were heard via Zoom:
Kath Rogers, American Civil Liberties Union of Southern California, spoke in support of
Item No.1. She would like to ensure the funds are being used to help and support the
unhoused.
Yolanda Brown spoke in support of Item No.1 and asked for funds to be appropriately
used for those who are unhoused.
CONSENT CALENDAR
1. Homekey 3.0 Grant Funding Application and American Rescue Plan Act
(ARPA) Funding Subaward Agreement. (Grant) (Ward 2)
Recommendation:
1. Adopt Resolution No. 2023-057 of the Mayor and City Council of the City
of San Bernardino, California, approving a submit a joint application with
Lutheran Social Services of Southern California (LSS) to apply for Homekey 3.0
grant funding for the development of a 140-bed interim housing and
30-semi-private emergency shelter beds on LSS-owned property located at
1354 N G St, San Bernardino and authorize the City Manager, or designee,
to sign any documents that may be required to apply for funding, including making
minor and non-substantive changes; and
2. Authorize the City Manager, or designee, to execute an American Rescue
Plan Act (ARPA) funding subaward agreement with LSS for the disbursement
of funds up to $5 million. The funds will be used for the construction of a
140-bed interim housing facility and 30 emergency shelter beds with
semi-private accommodations.
Council Member Sanchez asked if there has been progress on the navigation center.
He asked staff to walk them through the process and ensure there is funding for the
center.
Deputy Director of Housing and Homelessness, Cassandra Searcy addressed the
council and mayor. Staff will come back to request funds for the navigation center.
And there is a workshop planned for the second week of May that will outline the
details.
Interim City Manager, Charles E. McNeely, stated that staff will come back to the
council for approval to help address and move forward with the homeless crisis.
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Council Member Alexander asked Interim City Manager McNeely to correct the 2nd
paragraph of the staff report. The dollar amount is a flat 5 million; it is not “up to,”
which the report states.
Assistant City Attorney Thomas Rice responded that the funds are American Rescue
Plan Act funds, and the funds are reimbursable.
RESULT: ADOPTED RESOLUTION 2023-057 [6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 26,
2023, at 6:20 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, May 3, 2023, in the Council Chamber located at 555 West 6th Street,
San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, MAY 4, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:30 PM by Mayor Valdivia on Wednesday, May 4, 2022, at Feldheym Central Library,
San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:31 p.m.
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro Tem, Ward 3 Absent
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present 5:33 p.m.
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.
CLOSED SESSION
A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: Review and
Discussion of Compiled Performance Evaluations (Pursuant to Government
Code Section 54957):
Titles: City Manager; City Attorney; and City Clerk (CM)
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Steve Anderson from Lutheran Church of Our Savior led the invocation and
Council Member Sanchez led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that the Mayor and City Council had met to discuss
performance evaluations of the appointed positions of the City. She had not been
present during Closed Session, due to her evaluation also being discussed, but advised
that there was no reportable action.
CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide updates to the community and
the Mayor and City Council. Some highlights included police department
announcements, the Emergency Rental Assistance Program, and Public Works
projects.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Details
included Council Members Calvin and Alexander attending the April 7th and 8th City
County Conference in Lake Arrowhead and the April 20th Women’s Club Celebration.
Other Council Members discussed neighborhood association meetings, Spanish
translation updates, and homeless shelters.
PRESENTATIONS
1. Certificate of Recognition Michael Beauchamp Retirement (All Wards)
Mayor Valdivia presented the certificate to Mr. Beauchamp and his wife Paula for his
retirement from the California Department of Transportation after 37 years of service.
2. Certificate of Recognition San Bernardino Pacesetters (All Wards)
Council Member Calvin present the certificate to the San Bernardino Pacesetters. The
Pacesetters were also present and put on a short performance.
3. Certificate of Recognition San Bernardino High School Girls Basketball Team
(All Wards)
Council Member Calvin presented the certificate to the basketball team and their coach,
Mr. Tardy.
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4. Proclamation for National Public Works Week - May 15-21, 2022 (All Wards)
Mayor Valdivia presented the proclamation to Alex Qishta, interim Public Works
director.
5. Proclamation for National Water Safety Month - May 2022 (All Wards)
Mayor Valdivia presented the proclamation to Lydie Gutfeld, Parks and Recreation
director.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mark Porter, San Bernardino, stated that he is running for the House of Representatives
in the San Bernardino District. He asked for everyone’s support.
Kristen Malaby, Fontana, spoke about her organization, SoCal Trash Army. The
organization assists homeless people with food and shelter. She asked for the Mayor
and City Council’s assistance with resources.
Lue Dowdy, President of the Southern California Black Chamber of Commerce, Inland
Cities East Chapter, asked for support for the upcoming Juneteenth celebration event at
San Bernardino Valley College.
Dr. Nosakhere Thomas, Director of the Inland Empire Black Workers Center (IEBWC),
spoke about the career and training opportunities available at the center.
Whanita Fawcett, IEBWC student, shared the success she has achieved at the center’s
Water Works program.
Moses Ramirez, IEBWC Center, spoke about the opportunities and attributes of the
IEBWC.
Zola Jordan, San Bernardino, also spoke in support of the IEBWC.
Zachary Guzman, San Bernardino, also shared his experience in an apprenticeship at
the IEBWC.
Andrea Dudley, San Bernardino, spoke in favor of the experience for herself and others
at the IEBWC and classes at San Bernardino Valley College.
Harry Hatch, San Bernardino, discussed the cement pile at the OxBow development.
He informed that the cement needs to be abated as soon as possible. He does not
understand why this project has not moved forward yet.
John Shollenberger, San Bernardino, spoke about the San Bernardino Sun newspaper
endorsing Treasure Ortiz for Mayor. He also supports Ms. Ortiz.
Robin Malibu, San Bernardino, informed about the various work she has done
throughout the city. She asked for the Mayor and City Council’s support for her
Juneteenth event.
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Jim Penman, San Bernardino, announced that he has received information from
CalPERS stating that his retirement benefits will not be affected whether or not he is
elected as mayor.
Dolores Armstead, San Bernardino, spoke in favor of more staff support for council
members. She also spoke in opposition of Item No. 10 on the agenda for military-grade
police department equipment. In addition, she spoke in opposition of Mayor Valdivia
being re-elected.
Edwin Johnson, Vice President of the Southern California Black Chamber of
Commerce, Inland Cities East Chapter, asked for the Mayor and City Council’s support
of Juneteenth and the African American community.
Zepporah Johnson, Representative of the San Bernardino Juneteenth Committee, also
asked for support for the upcoming Juneteenth event at San Bernardino Valley College.
Treasure Ortiz, San Bernardino, thanked people for their support in the loss of her
brother. She asked the Mayor and City Council to support the citizens.
Sandra S., San Bernardino, spoke in opposition of approving Item No. 8 for the
amendment to the professional services agreement with PlaceWorks. She stated that
the amendment and additional funding would be a waste of money.
Phil Savage, San Bernardino, stated that he is part of the Charter Review Committee,
and he believes the committee is ineffective. He expressed frustration that the Council
has not brought forward any of the committee’s recommendations.
James Albert, Commissioner, San Bernardino, spoke in support of rank choice voting.
He believes this system will save the city money and produce better election outcomes.
Ronnie Miller, CEO and Founder of Sisters Making A Difference, encouraged everyone
to get involved with the Juneteenth committee and participate in the upcoming events.
Robert Porter, Commissioner, San Bernardino, thanked Council Member Ibarra for her
work in the community.
Areli Lopez, San Bernardino, spoke about dilapidated apartment complexes in the city
that are inhabitable. She would like the City Council to do something about these
places.
Jeff Green, San Bernardino, also discussed uninhabitable apartments in San
Bernardino. He stated that Code Enforcement has not helped the residents.
Deborah Harnon, San Bernardino, stated that she lives in the Date Park apartments and
there are many issues that make the apartments unhealthy and unsafe to live in.
Nadine, San Bernardino, also lives in Date Park apartments and states that their rent
has been increased beyond the legal limits.
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Khristopher Gonzalez, Downtown Civic Center Neighborhood Association President,
San Bernardino, informed about his organization’s upcoming 5K race in downtown. He
requested an appointment with the City to discuss logistics of the race.
Nohemi, San Bernardino, expressed concerns about clean air, affordable housing, and
fair wages.
Ronald Donis, San Bernardino, spoke in support of Item No. 44. He supports raising
minimum wage in the city. He also requested an update regarding the police
department’s recent audit.
Scott Olsen, San Bernardino, discussed ward boundaries, support of congressional
nominee Mark Porter, and support for James Penman for Mayor.
At this time, the following remote speaker was heard via Zoom:
Delshawn McClellan, Southwest Regional Council of Carpenters, spoke about Agenda
Item No. 8. He stated this project should be built utilizing local workers.
At this time, City Clerk Genoveva Rocha read the following written ADA
accommodation public comment aloud into the record:
Tim Dorame, San Bernardino, expressed his support for Treasure Ortiz for Mayor. He
does not support Mayor Valdivia, Jim Penman, or Helen Tran. He also supports Ali
Payne for Second Ward Council Member.
APPOINTMENTS
With consensus from the Mayor and City Council, Items 6 and 7 were voted on
simultaneously with one motion.
6. Water Board Reappointment - Rikke Van Johnson (All Wards)
Recommendation
Approve the re-appointment of Rikke Van Johnson to the Water Board with a six-
year term of office ending May 8, 2028. Council Staff has verified that appointee is
a registered voter within the city.
RESULT: APPROVED THE RE-APPOINTMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
City Clerk Rocha swore in Mr. Johnson and provided his certificate. Mr. Johnson
thanked the Mayor and City Council for the opportunity to be of service to others.
7. Public Safety and Human Relations Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Jose D. Guzman to the Public Safety
and Human Relations Commission representing Ward 1. Mr. Guzman will replace
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Maria I. Lanas with the term ending December 2022. Council Staff has verified that
the appointee is a registered voter within the City.
Mr. Guzman was not present at the meeting.
RESULT: APPROVED THE APPOINTMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
DISCUSSION
8. Amendment No. 1 to the Professional Services Agreement with PlaceWorks
for the General Plan and Downtown Specific Plan (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 1 to the
Professional Services Agreement with PlaceWorks for the General Plan and
Downtown Specific Plan by increasing the total compensation from $3,597,985 to
$4,395,308 (+$797,323); and authorize the Finance Director to amend the Fiscal
Year 2021/22 Adopted Budget accordingly.
Planning Manager Oliver Mujica provided a presentation to the Mayor and City Council.
Woodie Tescher and Wendy Nowak from PlaceWorks provided a presentation of the
status of the General Plan and Downtown Specific Plan.
Council Member Sanchez motioned to reject Staff's recommendation and only approve
$500,000 to PlaceWorks from the LEAP Grant from the State Department of Housing
and Community Development (HCD) to complete the housing component of the
General Plan; he stated he did not agree with approving any funding for this project
from the General Fund.
RESULT: APPROVED AS AMENDED TO REJECT STAFF'S
RECOMMENDATION AND ONLY APPROVE AN ADDITIONAL
$500,000 TO PLACEWORKS [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
The Mayor called for a recess at 10:27 p.m. and reconvened at 10:38 p.m.
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PUBLIC HEARINGS
9. Ordinance Amending Various Sections of Chapter 8.60 and Adding Section
8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code Relating to
Fireworks (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California introduce, read by title only, and waive further reading of Ordinance No.
MC-1578, amending various sections of Chapter 8.60 and adding section 8.60.170
to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.
Mayor Valdivia opened the Public Hearing at 10:41 p.m.
Management Analyst Karlyn McCloskey presented an overview of the ordinance.
At this time, one public comment was heard:
Harry Hatch, San Bernardino, stated that this ordinance only reinforces the ability of
the police department to make fireworks enforcement more adequate, and to provide a
greater revenue source.
The Public Hearing was closed at 10:47 p.m.
RESULT: INTRODUCED ORDINANCE NO. MC-1578 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
10. Ordinance Adopting Police Department Policy 705 (Military Equipment Policy)
in Accordance with Assembly Bill 481 (All Wards)
Recommendation
Introduce, Read By Title Only, and Waive Further Reading of Ordinance No. MC-
1579 of the Mayor and City Council of the City of San Bernardino, California,
adopting Police Department Policy 705 (Military Equipment Policy) in accordance
with Assembly Bill 481.
Mayor Valdivia opened the public hearing at 10:48 PM.
Interim Police Chief David Green presented a staff report.
There were no public comments on this item.
Mayor Valdivia closed the public hearing at 10:57 PM.
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RESULT: INTRODUCED ORDINANCE NO. MC-1579 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
11. Continue the Public Hearing on the Vacation of a Portion of “I” Street
Between Spruce Street and Olive Street, and a Portion of “J” Street at Its
Intersection with 17Th Street and 21St Street and Reservation of Utilities
Therein Until May 18, 2022 at 7:00 P.M. (Ward 3)
Recommendation
It is recommended that the Mayor and City Council continue the public hearing on
the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a
portion of “J” Street at its intersection with 17th Street and 21st Street and
reservation of utilities therein until May 18, 2022, at 7:00 p.m.
Deputy Director of Public Works Alex Qishta requested that the public hearing be
continued to the next regular meeting of the Mayor and City Council.
RESULT: CONTINUED THE PUBLIC HEARING TO THE MAY 18, 2022
MAYOR AND CITY COUNCIL MEETING [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
City Manager Field announced that there was a correction needed for Item No. 16.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO.
18 FOR DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
12. Approval of the Mayor and City Council Meeting Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the following meeting minutes:
1. February 16, 2022, Draft Regular Meeting Minutes
Packet Page. 414
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 9
2. March 2, 2022, Draft Regular Meeting Minutes
3. March 16, 2022, Draft Regular Meeting Minutes
4. March 31, 2022, Draft Special Meeting Minutes
RESULT: APPROVED MEETING MINUTES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
13. Approval of Spanish Interpretation Services, Equipment, and Closed
Captioning Software (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Professional Services Agreement with
Cal Interpreting Services, Inc., for Spanish interpretation and translation services
through January 21, 2024 in an amount not to exceed $30,000.00 annually.
2. Approve the one-time purchase of interpretation equipment and headsets for
$16,293.80, in lieu of television monitors outside of Council Chambers.
3. Approve the one-time purchase of English closed captioning software for cable
channel viewers in the amount of $54,625.00.
RESULT: APPROVED AGREEMENT AND PURCHASES [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
14. Adopt Ordinance No. MC-1575 (Student Film-Making Activities Permit Fee
Waiver) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Ordinance MC-1575 amending Chapter 19.70.030 of the San Bernardino
Municipal Code to waive the Special Events permit fee for students conducting
filmmaking activities; and
2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy
Packet Page. 415
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 10
RESULT: ADOPTED ORDINANCE NO. MC-1575 AND FEE POLICY [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
15. California for All Animals Welcome Grant Award (All Wards)
Recommendation
Adopt Resolution No 2022-75 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting a grant award in the amount of $5,000 from UC Davis for animal
shelter programs; and
2. Authorizing the City Manager to conduct all negotiations signings and submittals
of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance to amend the FY 2021/22 Budget to
appropriate $5,000 of the grant funding for animal shelter programs and services.
RESULT: ADOPTED RESOLUTION NO. 2022-75 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
16. Adopt Ordinance No. MC-1574 (Public Hearing Notification) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1574 adopting Development Code Amendment
21-04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development
Code) of the City of San Bernardino Municipal Code updating the public hearing
notification requirements for discretionary land use entitlement applications.
City Manager Rob Field stated that Section 4.3 of the Ordinance indicates “…greater than
1,000 feet”, but the word ‘feet’ shall be removed, to indicate notification of the public
hearing to greater than 1,000 (people).
RESULT: ADOPTED ORDINANCE NO. MC-1574 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
Packet Page. 416
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 11
17. Adopt Ordinance No. MC-1576 (Property Maintenance Code) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1576 of the Mayor and City Council of the City of
San Bernardino, California, adding Section 15.05.300 (Vacant Building Board-Up
Standards) to Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings
and Construction) of the City of San Bernardino Municipal Code; and finding the
action exempt under the California Environmental Quality Act.
RESULT: ADOPTED ORDINANCE NO. MC-1576 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
18. Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Lutheran
Social Services of Southern California (All Wards)
Recommendation
It is recommended that the Mayor and the City Council for the City of San
Bernardino, California,
1. Authorize the City Manager to execute the Second Amendment to the ESG-CV2
Subrecipient Agreement between the City of San Bernardino and the Lutheran
Social Services; and
2. Authorize the City Manager or designee to take any further actions and execute
any further documents and certifications as may be necessary to amend the
agreement.
Council Member Ibarra made a motion to continue the item to Discussion at the next
regular Mayor and City Council Meeting with a complete staff report that details what
the ESG-CV2 contract funds will be used for.
RESULT: DIRECTED STAFF TO CONTINUE THE ITEM TO MAY 18th, 2022
AS A DISCUSSION CALENDAR ITEM [4 - 2]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Calvin
NAYS: Ben Reynoso, Damon L Alexander
ABSENT: Juan Figueroa
Packet Page. 417
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 12
19. 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 and April
2022.
RESULT: APPROVED DISBURSEMENTS [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
20. Adopt Ordinance No. MC-1568 (Budget Transfers) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1568, amending section 3.05 of the Municipal
Code.
RESULT: ADOPTED ORDINANCE NO. MC-1568 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
21. Resolution to Increase the Fleet Services Fund (All Wards)
Recommendation
Adopt Resolution 2022-76 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the Fiscal Year
2021/22 Adopted Operating Budget by appropriating funds in the amount of
$500,000 from the General Fund to the Fleet Services Fund.
RESULT: ADOPTED RESOLUTION NO. 2022-76 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
Packet Page. 418
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 13
22. Agreement with Client First Consulting for a Software Needs Assessment (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute a Professional Services
Agreement between the City of San Bernardino and Client First Consulting for a
software needs assessment and Enterprise Resource Planning (ERP) consulting
services for a total cost of $780,510.
RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
23. Adopt a Resolution Ratifying Administrative Budget Transfers from December
2021 to April 2022
Recommendation
Adopt Resolution No. 2022-77 of the Mayor and City Council of the City of San
Bernardino, California, Ratifying Administrative Budget Transfers from December
2021 to April 2022.
RESULT: ADOPTED RESOLUTION NO. 2022-77 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
24. Library Internet Service Agreement - Califa Group, Inc. (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Director of Finance to increase a purchase order with Califa
by $16,000 to an amount not to exceed $52,000 for Fiscal Year 2021/22.
RESULT: APPROVED SERVICE AGREEMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
Packet Page. 419
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 14
25. RSVP Grant Year 1 of 3 (All Wards)
Recommendation
Adopt Resolution No. 2022-78 of the Mayor and City Council of the City of San
Bernardino, California approving the ratification of the submission of a continuation
grant application for Year One of a 3-Year grant with the Corporation for National
and Community Service’s Retired and Senior Volunteer Program; accepting the
Grant Award in the amount of $54,809; and appropriating the Grant Funds for the
Period of April 1, 2022, through March 31, 2023.
RESULT: ADOPTED RESOLUTION NO. 2022-78 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
26. Parks and Recreation Youth Enrichment Scholarship (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and approve the proposed San Bernardino Parks and Recreation
Youth Enrichment Scholarship (YES); and authorize the Director of Finance to
allocate $10,000 of Measure S funds to the program operations.
RESULT: APPROVED THE SCHOLARSHIP [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
27. Camera Trailer Purchase (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Director of Finance to issue a purchase order to Industrial
Video and Control for an amount not to exceed $55,000.
RESULT: APPROVED THE PURCHASE ORDER [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
Packet Page. 420
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 15
28. Adopt Ordinance MC-1573, Amending Ordinance MC-1522 and Levying
Special Taxes - CFD 2019 - 1 Annexation No. 11 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1573 amending Ordinance MC-1522 and levying
special taxes to be collected during Fiscal Year 2022/23 to pay the annual costs of
the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for
capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1573 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
29. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services) Annexation No. 19, Tax Zone No. 20
(Rally’s) (Ward 4)
Recommendation
Adopt Resolution No. 2022-79, of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent 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. 19) and authorizing the
levy of special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2022-79 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
30. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 23, Tax Zone No. 24
(Starbucks) (Ward 7)
Recommendation
Adopt Resolution No. 2022-80 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. 23) and authorizing the
levy of a special taxes therein.
Packet Page. 421
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 16
RESULT: ADOPTED RESOLUTION NO. 2022-80 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
31. Approve Final Tract Map No. 17329-2 (Ward 5)
Recommendation
Adopt Resolution No. 2022-81 of the Mayor and City Council of the City of San
Bernardino, California, approving Final Map for Tract No. 17329-2 (Subdivision 05-
40) involving the subdivision of a project site containing approximately 11.394 acres
into 29 single-family residential lots located north of Ohio Avenue, and east of Little
League Drive, accepting the public dedications as set forth on said map; and
authorizing the City Manager to execute the standard form of agreement for the
subdivision improvements.
RESULT: ADOPTED RESOLUTION NO. 2022-81 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
32. Construction Contract Award – Construction Connector Pipe Screen Total
Maximum Daily Loads (TMDLs) – Track 1 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the award of a construction contract with United Storm Water, Inc., in
the amount of $149,697 to provide construction of a Connector Pipe Screen Total
Maximum Daily Loads (TMDLs) Track 1; and
2. Authorize the construction of the project, construction contingencies and
inspection costs in an amount not to exceed $182,000 for the Connector Pipe
Screen TMDLs- Track 1 Project; and
3. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Packet Page. 422
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 17
RESULT: APPROVED THE CONTRACT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
33. San Bernardino County Municipal Separate Storm Sewer System - National
Pollution Discharge Elimination System (NPDES) Common Interest, Joint
Defense, and Confidentiality Agreement Among Permittees (All Wards)
Recommendation
Adopt Resolution No. 2022-82 of the Mayor and City Council of the City of San
Bernardino, California, approving the San Bernardino County Municipal Separate
Storm Sewer System - National Pollution Discharge Elimination System (NPDES)
Common Interest, Joint Defense, and Confidentiality Agreement among Permittees;
and authorizing the City Manager or designee to execute all documents on behalf of
the City.
RESULT: ADOPTED RESOLUTION NO. 2022-82 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
34. Approving Amendment No. 1 to Cooperative Agreement No. 19-1002205 with
the San Bernardino County Transportation Commission (Authority) for the I-
215/University Parkway Interchange Project (SS04-019) (Wards 5, 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 1 to Cooperative
Agreement No. 19-1002205 with the San Bernardino County Transportation
Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project
(SS04-019).
RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
Packet Page. 423
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 18
35. Adopt Ordinance MC-1574A, Amending Ordinance MC-1522, and Levying
Special Taxes - CFD 2019 - 1 Annexation No. 13 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1574A, amending Ordinance MC-1522, and levying
special taxes to be collected during Fiscal Year 2022/23 to pay annual costs for
maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for
capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1574A [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
36. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 15, Tax Zone No. 16 (5TH
& G) (Ward 1)
Recommendation
Adopt Resolution No. 2022-83 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. 15) and authorizing the
levy of a special taxes therein, and rescinding Resolution No. 2022-51.
RESULT: ADOPTED RESOLUTION NO. 2022-83 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
37. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 20, Tax Zone No. 21 (Little
Caesars) (Ward 7)
Recommendation
Adopt Resolution No. 2022-84 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent 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. 20), and authorizing the
levy of a special taxes therein.
Packet Page. 424
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 19
RESULT: ADOPTED RESOLUTION NO. 2022-84 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
38. Adopt Ordinance No. MC-1577, Amending Ordinance No. MC-1522, and
Levying Special Taxes - CFD 2019 - 1 Annexation No. 12 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1577, amending Ordinance No. MC-1522, and
levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual
costs for maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a
reserve fund for capital replacement, and administrative expenses with respect to
City of San Bernardino Community Facilities District No. 2019-1 (Maintenance
Services).
RESULT: ADOPTED ORDINANCE NO. MC-1577 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
39. Construction Contract Award – Sierra Way Pavement Rehabilitation Project
Between Third Street and Thirtieth Street (Wards 1, 2, 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2022-85:
1. Approving the award of a construction contract with I.E. General Engineering,
Inc. in the amount of $2,093,700 to provide Sierra Way pavement rehabilitation
services; and
2. Authorizing the Director of Finance to amend the FY 2021/22 Capital
Improvement Plan Budget in the Measure I fund to allocate an additional
$1,057,397 to the Sierra Way pavement rehabilitation project; and
3. Authorizing construction, construction contingencies and inspection costs in the
total amount of $2,500,000 for the Sierra Way pavement rehabilitation project;
and
4. Authorizing the City Manager or designee, to execute all documents for the
construction of Sierra Way pavement rehabilitation project with I.E. General
Engineering, Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Packet Page. 425
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 20
RESULT: APPROVED CONTRACT [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
40. Approve Final Tract Map No. 17329-3 (Ward 5)
Recommendation
Adopt Resolution No. 2022-86 of the Mayor and City Council of the City of San
Bernardino, California, approving the Final Map for Tract No. 17329-3 (Subdivision
05-40) involving the subdivision of a project site containing approximately 7.637
acres into 17 single-family residential lots located north of Ohio Avenue, and east of
Little League Drive, accepting the public dedications as set forth on said map; and
authorizing execution of the standard form of the subdivision improvements.
RESULT: ADOPTED RESOLUTION NO. 2022-86 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
41. Resolution Accepting the TDA Article 3 Transit Stop Access Grant (Wards
3,5,7)
Recommendation
Adopt Resolution 2022-87 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting the Transportation Development Act (TDA), Article 3 Grant Funds, for
the Transit Stop Access Program in the amount of $50,800 with a Local Match of
$10,200 from Measure I funds (Fund 129) totaling $61,000; and
2. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Capital
Improvement Plan (CIP) to include the Citywide Bus Stop Improvements Project.
RESULT: ACCEPTED GRANT AND AMENDED FY 2021/2022 CIP [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
Packet Page. 426
Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 21
42. Resolution Declaring Intention to Levy and Collect Assessments for
Previously Formed Assessment Districts - Fiscal Year 2022/23 (All Wards)
Recommendation
It is recommended that the Mayor and City Council, of the City of San Bernardino,
California:
1. Adopt Resolution No. 2022-88, Declaring Intention to Levy and Collect
assessments within assessment districts Nos. 951 (Zone 1), 951 (Zone 2), 952
(Zones 1,2 and 2A), 952 (Zone 3), 953, 956,959 (Zone 1), 962, 963, 968, 974,
975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and
1016 for Fiscal Year 2022-23, approving the Engineer Report and providing
notice of time and place of hearing on proposed assessments;
2. Adopt Resolution No. 2022-89, Declaring Intention to Levy and Collect
Assessment District No. 1022 and Zones 1, 2 and 3 for Fiscal Year 2022-23,
approving the Engineer Report and providing notice of time and place of hearing
on proposed assessments;
3. Adopt Resolution No. 2022-90, Declaring Intention to Levy and Collect
Assessment District Nos. 1017,1019,1020,1023, and 1024 for Fiscal Year 2022-
23, approving the Engineer Report and providing notice of time and place of
hearing on proposed assessments;
4. Adopt Resolution No. 2022-91, Declaring Intention to Levy and Collect
Assessment District Nos. 1025 and 1027 for Fiscal Year 2022-23, approving the
Engineer Report and providing notice of time and place of hearing on proposed
assessments; and
5. Adopt Resolution No. 2022-92, Declaring Intention to Levy and Collect
Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035
(Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, (Zone 1), 1043
(Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059,
1060, 1063, 1064, and 1068 for Fiscal Year 2022-23, approving the Engineer
Report and providing notice of time and place of hearing on proposed
assessments.
RESULT: ADOPTED RESOLUTIONS NO. 2022-88, 2022-89, 2022-90, 2022-
91, AND 2022-92 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
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Regular Meeting Agenda May 4, 2022
Mayor and City Council of the City of San Bernardino Page 22
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
43. A Sunshine Public Development Meeting Requirement (All Wards) (Council
Member Alexander)
City Attorney Carvalho clarified the purpose and meaning of a “sunshine” public meeting
requirement.
Council Member Reynoso made a motion to approve the item for future consideration.
Council Member Sanchez made an alternate motion to deny the request, stating that
the City already has such a requirement in place. This motion was seconded by Council
Member Shorett.
RESULT: ALTERNATE MOTION TO DENY REQUEST FOR
CONSIDERATION AT A FUTURE MEETING [FAILED 2 - 4]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Shorett
NOES: Ibarra, Reynoso, Calvin, Alexander
ABSENT: Juan Figueroa
The original motion to approve the item for consideration at a future meeting was then
considered.
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-2]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Shorett
ABSENT: Juan Figueroa
44. Consideration of a Minimum Wage Increase Within the City of San Bernardino
through a Municipal Code Update (All Wards) (Council Member Reynoso)
Council Member Reynoso motioned to approve the item, seconded by Council Member
Calvin.
A substitute motion was made by Council Member Sanchez, seconded by Council
Member Ibarra, to direct staff to bring back a full report analysis on the consideration of
a minimum wage increase in the City of San Bernardino prior to considering a Municipal
Code update.
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Mayor and City Council of the City of San Bernardino Page 23
RESULT: APPROVED SUBSTITUTE MOTION AND DIRECTED STAFF TO
DIRECT STAFF TO BRING BACK A FULL REPORT ANALYSIS
ON THE CONSIDERATION OF A MINIMUM WAGE INCREASE IN
THE CITY OF SAN BERNARDINO PRIOR TO CONSIDERING A
MUNICIPAL CODE UPDATE [4-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Alexander
NOES: Reynoso, Calvin
ABSENT: Juan Figueroa
At this time, Council Member Calvin informed that she wanted to reconsider her vote on
Item No. 16 from the April 6th, 2022 Mayor and City Council Meeting - Amendment to
Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II.
Mayor Valdivia clarified that the motion would need to be made to reconsider the item at
a future meeting. Council Member Calvin made said motion, which was seconded by
Council Member Reynoso. City Attorney Carvalho confirmed that the motion to
reconsider is the proper way to change one’s vote on a previous meeting item.
Council Member Ibarra announced that she would be recusing herself from this vote
due to a conflict (being named a defendant in the applicable lawsuit).
RESULT: APPROVED MOTION TO PLACE THE ITEM “AMENDMENT TO
STREAM, KIM, HICKS, WRAGE & ALFARO LEGAL SERVICE
AGREEMENT RE: MILLER II” ON THE MAY 18TH AGENDA FOR
RECONSIDERATION [3-2]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Reynoso, Calvin, Alexander
NOES: Sanchez, Shorett
ABSENT: Juan Figueroa
RECUSED: Sandra Ibarra
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday May 4, 2022,
at 11:21 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday,
May 18, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino,
California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00
p.m.
By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, JUNE 1, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 5:31 PM by Mayor Valdivia on Wednesday, June 1, 2022, via
Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present 5:44 PM
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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CLOSED SESSION PUBLIC COMMENT
Amanda Maldonado-Arroyo, San Bernardino, requested that the Mayor and City Council
act with urgency regarding the Downtown San Bernardino revitalization. She asked that
updates be shared with the community and residents.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Elmira Balasanyan v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS2012677
b. Carlos Torres v. City of San Bernardino, et al, United States District Court
Case No. 5:21-cv-00454
c. Antonio Rincon, et al. v. Brett Keil, et al., San Bernardino Superior Court
Case No. CIVDS2015071
(CAO/RISK)
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
(One) Item
(RISK)
C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Police Management Association
(HR)
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Portions of Seccombe Lake Park; Assessor Parcel
No.’s: 1191-021-10, 1191-021-11 to 69, 1191-041-17
to 22, and 1191-041-25 to 32.
City Negotiator: Robert D. Field
Negotiating Party: Joseph Rich, Rich Development Company
Under Negotiation: Price and Terms of Exclusive Negotiating Agreement
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager, or designee
Negotiating Parties: Renaissance Downtown USA/ICO Real Estate
Group
Under Negotiation: Price and Terms
(CM/CED)
7:00 P.M.
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INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Robert D. Young from San Bernardino Pastors United led the invocation. City
Manager Rob Field led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho advised that there was no reportable action from Closed
Session.
CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide updates to the community and
the Mayor and City Council. Important topics included Memorial Day celebrations,
upcoming Juneteenth events, and Code Enforcement activities.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community. Highlights
included the 5k Run, the upcoming Primary Election, and job openings with the City.
Council Member Calvin attended the Innovating Commerce Serving Communities
Conference. Council Member Alexander Met with the Attorney General Rob Bonta
during his visit to San Bernardino Valley College.
PRESENTATIONS
1. San Bernardino Area Chamber of Commerce (SBACC) Presentation from
Colin Strange (All Wards)
SBACC Board Member Lesley Stevens provided updates regarding upcoming
community events.
2. Citizens of the Month - Olivia and Frederick Wilson May 2022 (Ward 6)
Council Member Calvin recognized the Wilson family as Citizens of the Month.
3. Diamond Divergent Ramp Project Presentation (All Wards)
Paul Melocoton from the San Bernardino County Transportation Authority gave a
presentation regarding the proposed interchange at Interstate 215 and University
Parkway.
4. Proclamation for Fatherhood Awareness Month - June 2022 (All Wards)
Mayor Valdivia presented a proclamation to members of San Bernardino Fatherhood
honoring Fatherhood Awareness Month.
5. Certificate of Recognition for the Inland Empire Black Worker Center (IEBWC)
(All Wards)
Mayor Valdivia presented a Certificate of Recognition to members of the IEBWC.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Jim Mulvihill asked the Mayor and City Council to reconsider funding for the General
Plan community outreach consultant.
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Rabbi Hillel Cohn, Charter Review Committee Member, spoke in support of ranked
choice voting. He asked the Mayor and City Council to take the committee’s
recommendations seriously.
Treasure Ortiz spoke in support of the Violence Intervention Program. She also stated
that she is running for Mayor.
Gregory Taylor spoke in support of Treasure Ortiz for Mayor.
Mike Hartley, 7th Ward Resident, stated that the City needs a stronger Code
Enforcement department.
Vania Ramirez, Community Organizer with Mental Health Systems, spoke in support of
the San Bernardino Coalition for Change. She asked that the Council meet with the
coalition regarding a shooting at an unlicensed tobacco retailer.
Josiah Burni, CEO of Music Changing Lives, also spoke about the shooting at the
unlawful tobacco retailer.
Jim Penman stated that the affordable housing crisis in the City needs to be addressed.
Kristopher Gonzalez asked for support for the Downtown Art Walk. He asked for more
enforcement of transient activity in downtown.
David Friedman, Property and Business Owner, spoke in support of demolishing the
Carousel Mall. He would like downtown to be revitalized.
James Albert, 7th Ward Resident, supports the Mayor and City Council discussing
Ranked Choice Voting.
Christian Shaughnessy also spoke in support of Ranked Choice Voting.
Lisette Ochoa spoke in opposition to the Burlington Northern Santa Fe (BSNF) railyard
expansion.
Rosanna Savala spoke in opposition to the new Dollar General in the 7th Ward. She
stated that she lives in the neighborhood and was not notified of the development.
Phil Savage, Charter Review Committee Member, informed about the importance of
Ranked Choice Voting.
Tawnya Rhoades-Hensley announced upcoming activities with the Assistance League
and the Rotary Club.
LaWanda Rangel spoke in support of Jim Penman for Mayor.
Dolores Armstead asked for more staff support for the Council Members. She also
asked for information regarding housing developments and an update.
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L’Rea Robinson, 2nd Ward Resident, stated that she has never seen Council Member
Ibarra in the 2nd Ward. She wants to know what the Council Members are doing for
crime and poverty.
Joey Rosales announced the “Blair Summer Sesh” community event. He requested
more City funding for this event.
Alyssa Payne, Write-in 2nd Ward Council Candidate, voiced concerns about the
conditions of buildings and streets in the City and asked for Council Members to be
accountable.
“Jocelyn”, Renters United in Solidarity, Inc., spoke in support of the eviction moratorium
and tenant rights.
Deborah Harman, Renters United in Solidarity, Inc., also spoke in support of the eviction
moratorium and tenant rights.
Phil Courtney, Citizens for Electoral Reform, said that Ranked Choice Voting would be
beneficial to the City.
Robert Porter, I Love San Bernardino, encouraged people to vote in the upcoming
election.
At this time, the following remote speakers were heard via Zoom:
Jody Eisenberg, Vice President of the San Bernardino Area League of Women Voters,
spoke in support of Ranked Choice Voting.
Wendy Whitaker, 7th Ward Resident, announced that she is in favor of Ranked Choice
Voting.
DISCUSSION
6. Youth Civic Engagement Council (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review the proposed conceptual framework for a City of San Bernardino
Youth Council and provide staff feedback.
Council Member Sanchez recommended that City staff partner with the School District
for staff, resource, and financial support for this project. Council Member Ibarra
suggested that students may come visit by scheduling an appointment with a Council
Member. Council Member Sanchez stated that he would amend his motion to reflect
that change.
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RESULT: DIRECTED STAFF TO PARTNER WITH THE SCHOOL DISTRICT
TO DEVELOP A PROGRAM THAT WOULD ALLOW STUDENTS
TO “SHADOW” MEMBERS OF THE CITY COUNCIL AND CITY
STAFF [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
7. Approval of the Fiscal Year 2023 & Fiscal Year 2024 Operating Budget and
Capital Improvement Program 2023-2027
Recommendation
Adopt Resolution No. 2022-102 of the Mayor and City Council of the City of San
Bernardino, California, approving the City of San Bernardino's Biennial Operating
Budget, and adopting annual budgets for Fiscal Year 2023 and Fiscal Year 2024
and the 2023-2027 Capital Improvement Program and establishing the City's
Appropriations Limit as required by Article XII of the California State Constitution.
RESULT: ADOPTED RESOLUTION NO. 2022-102 [6-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
PUBLIC HEARINGS
8. Resolution Approving Street Vacation of a Portion of I Street (Ward 3)
Recommendation
Adopt Resolution 2022-103 of the Mayor and City Council of the City of San
Bernardino, California, certifying the Final Environmental Impact Report (State
Clearinghouse No. 2021030193), adopting the findings of fact and Mitigation
Monitoring and Reporting Program under the California Environmental Quality Act,
and approving the vacation of a portion of “I” Street between Spruce Street and
Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st
Street and reservation of utilities therein.
Mayor Valdivia opened the public hearing at 9:59 p.m. Deputy Director of Public
Works/City Engineer Alex Qishta provided a staff report to the Mayor and City Council.
At this time, the following public speakers were heard:
Jim Penman, representative for residents of this area, said that he had previously
discussed his view with the Planning Commission. He asked for the Mayor and City
Council to ensure that residents’ concerns were addressed regarding this project.
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Mark Mendoza stated that he appreciates City and Burlington Northern Santa Fe
(BNSF) staff keeping him informed of the status of the project.
Raul Raya, Owner of Ibarra’s Market, showed concern for the project attracting more
transient people.
Josh Dodie expressed appreciation for the communication from BNSF and the
commission.
Alicia Aguayo, 1st Ward Resident, shared that she believes this project will be
detrimental to the health of residents.
“Bernard” spoke about the loud volume of the train traffic already in the area, and
concern that this project would contribute to it.
City Clerk Genoveva Rocha announced that staff had received three written protests
for this hearing.
At this time, the following remote speaker was heard via Zoom:
“Gabby”, West Side Resident, spoke in opposition to this item.
City Attorney Sonia Carvalho informed the public, Mayor and City Council, and staff
that she recommends that the item be approved with allowance of an agreement
between the City and BNSF regarding details of the street vacation and subsequent
improvements, or that the item be brought back at a later date.
BNSF provided a presentation and answered questions from the Mayor and City
Council.
The public hearing was closed at 11:24 p.m.
RESULT: APPROVED RESOLUTION NO. 2022-103 WITH THE CONDITION
THAT STAFF NEGOTIATE THE DETAILS OF THE PROJECT
WITH BURLINGTON NORTHERN SANTA FE (BNSF) [4 TO 1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Alexander
NAYS: Kimberly Calvin
ABSTAIN: Sandra Ibarra
ABSENT: Ben Reynoso
9. Public Hearing on Annexation No. 14 to Community Facilities District 2019-1
(Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
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1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-104 of the Mayor and City Council of the City of
San Bernardino, California, calling an election to submit to the qualified
electors the question of levying a special tax within the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services)
(Annexation No. 14);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-105 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 14);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1581 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 2022-23 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 the City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services);
and
6. Schedule the adoption of Ordinance No. MC-1581 for June 15, 2022.
Mayor Valdivia opened the public hearing at 11:23 p.m.
There were no written comments or requests to speak.
The public hearing was closed at 11:24 p.m.
RESULT: ADOPTED RESOLUTION NO. 2022-104 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
RESULT: ADOPTED RESOLUTION NO. 2022-105 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
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RESULT: INTRODUCED FOR FIRST READING ORDINANCE MC-1581 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
10. Public Hearing on Annexation No. 17 to Community Facilities District 2019-1
(Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-106 of the Mayor and City Council of the City of
San Bernardino, California, calling an election to submit to the qualified
electors the question of levying a special tax within the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services)
(Annexation No. 17);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-107 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 17);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1582 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 2022-23 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 the City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services);
and
6. Schedule the adoption of Ordinance No. MC-1582 for June 15, 2022.
Mayor Valdivia opened the public hearing at 11:27 p.m.
City staff requested that the public hearing be continued to Wednesday, July 20, 2022.
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RESULT: CONTINUED TO JULY 20, 2022 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 11,
12, 21, and 22 FOR FURTHER DISCUSSION
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Calvin, Alexander
ABSENT: Ben Reynoso
11. Violence Intervention Program Contract Amendments (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to amend Professional Services Agreements
with Hope Culture (dba of Victory Outreach) and Young Visionaries Youth
Leadership Academy by increasing the amount of each agreement by $250,000,
and approve new Professional Service Agreement with Operation New Hope for
$250,000 for a total of $750,000 of American Rescue Plan Act funds.
Council Member Ibarra made a motion to bring back this item at a later date and include
the other proposals that were submitted. There was no support for the motion.
RESULT: APPROVED SERVICE AGREEMENTS [5 - 0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
ABSTAIN: Sandra Ibarra
ABSENT: Ben Reynoso
12. Exclusive Negotiating Agreement (ENA) with the Richman Group, LLC for a 4-
Acre Portion of Seccombe Lake Park (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the Exclusive Negotiating Agreement (“ENA”) between the City
of San Bernardino and The Richman Group, LLC (“Richman”) for the development
of a 4-acre portion of Seccombe Lake Park at the northwest corner of Sierra Way
and 7th Street; and determine that the ENA is categorically exempt from the
California Environmental Quality Act (“CEQA”).
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Council Member Ibarra requested that this item be brought back at a later date with
more details regarding the development. There was no support for the motion.
RESULT: APPROVED THE AGREEMENT [5 - 1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander
NAYS: Sandra Ibarra
ABSENT: Ben Reynoso
13. Investment Portfolio Report for March 2022 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for March 2022.
RESULT: ACEPTED THE INVESTMENT REPORT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
14. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for May 2022.
RESULT: APPROVED DISBURSEMENTS [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
15. Library Internet Service Agreement with Columbia Telecommunications
Corporation (All Wards)
Recommendation
It is recommended the Mayor and City Council of the City of San Bernardino,
California, authorize the Library Director to execute an agreement between San
Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation
(CTC) for the provision, installation and maintenance of advanced network (data)
services; and authorize the Director of Finance to approve a Fiscal Year 2022/23
purchase order in an amount not to exceed $64,000.
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RESULT: APPROVED AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
16. Approve the Visual, Performing and Literary Art Grant (All Wards)
Recommendation
Adopt Resolution No. 2022-108 of the Mayor and City Council of the City of San
Bernardino, California, for the allocation of $100,000 from the Cultural Development
Impact Fund to provide opportunities for local artists groups, organizations, and
individuals to enhance art services and programs throughout the City of San
Bernardino.
RESULT: ADOPTED RESOLUTION NO. 2022-108 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
17. Amendment No. 3 to Agreement with Engineering Resources of Southern
California (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute all documents in support of
Amendment No. 3 to the Professional Engineering Services Agreement with
Engineering Resources of Southern California (ERSC) for design services related to
the State Street extension from Baseline Street to 16th Street.
RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
18. Amendment No. 1 to the Professional Services Agreement with Spicer
Consulting Group (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 1 to the
Professional Services Agreement with Spicer Consulting Group (SCG); and
authorize the Director of Finance to increase the purchase order to an amount not-
to-exceed $541,018 for as-needed consulting services related to Maintenance
Assessment District Administration and the formation/annexation of Community
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Facilities Districts and Assessment Districts; and exercise the City’s first twelve (12)
month extension option, extending the term of the Professional Services Agreement
through June 30, 2023.
RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
19. Adopt Ordinance MC-1580, Amending Ordinance MC-1522 and Levying
Special Taxes - CFD 2019 - 1 Annexation No. 16 (Belmont) (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance MC-1580 amending Ordinance MC-1522 and levying
special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs
of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a
reserve fund for capital replacement, and administrative expenses with respect to
City of San Bernardino Community Facilities District No. 2019-1 (Maintenance
Services).
RESULT: ADOPTED ORDINANCE NO. MC-1580 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
20. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 22, Tax Zone No. 23 (1300
E Highland) (Ward 7)
Recommendation
Adopt Resolution No. 2022-109 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. 22) and authorizing the
levy of special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2022-109 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
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21. Agreement with Parkwood Landscape Maintenance, Inc. for Landscape
Maintenance and Overseeding at (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San
Bernardino, California:
1. Authorize the City Manager to execute a Maintenance Services Agreement
with Parkwood Landscape Maintenance, Inc., for landscape maintenance and
grass turf overseeding at all City parks, greenways, and recreation corridors;
and
2. Authorize the Director of Finance to appropriate funds in the amount of
$3,425,946.12 to the Public Works Parks Maintenance General Fund; and
issue a purchase order in an amount not to exceed $3,425,946.12 annually
with four one-year extensions at the City’s option for Fiscal Year 2022/23.
Mayor Pro-Tem Figueroa pulled the item to ask questions about the project. City
Attorney Carvalho suggested that the item be continued to a later date to allow staff
time to prepare their response. Council Member Shorett made a motion to continue
the item to the next regular meeting.
RESULT: CONTINUED THE ITEM TO JUNE 15, 2022 FOR FURTHER
DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
22. Resolution Adopting List of Projects and SB1 2022/2023 Road Maintenance
Program (Wards 1,6,7)
Recommendation
Adopt Resolution No. 2022-110 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the Road Maintenance and Rehabilitation proposed project list for
submittal to the California Transportation Commission; and
2. Adopting a list of projects for Fiscal Year 2022/23 to be funded by Senate Bill 1:
Road Repair and Accountability Act of 2017.
Mayor Pro-Tem Figueroa pulled this item for further discussion of how the list of road
projects is created. Council Member Sanchez asked that future items of this type
provide more details about what is being worked on and why.
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RESULT: ADOPTED RESOLUTION NO. 2022-110 [6-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
23. Ranked Choice Voting Presentation (All Wards)- Council Member Ibarra
Council Member Ibarra asked that the League of Women Voters be allowed to make a
presentation regarding Ranked Choice Voting. Council Member Sanchez informed that
the presentation should be impartial and provided by City staff.
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [5-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander
NOES: Juan Figueroa
ABSENT: Ben Reynoso
24. Funding for Summer Skate Session at Blair Park - Summer 2022 (All Wards) -
Council Member Reynoso
Council Member Sanchez requested that the item brought back to consider funding for
all three City skate parks.
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
25. Demolition of the Carousel Mall (All Wards) - Mayor Valdivia
Mayor Pro-Tem Figueroa motioned for the demolition of the Carousel Mall to be
considered at a future meeting. The motion did not receive support.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Thursday June 2, 2022 at
12:04 a.m. The meeting adjourned in memory of Beverly Earl.
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The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, June 15, 2022, in the Council Chamber located at 555 West 6th Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT Minutes
FOR THE
SPECIAL AND REGULAR MEETINGS OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, JANUARY 17, 2024
5:00 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:06 PM by Mayor Helen Tran on Wednesday, January 17, 2024, at Feldheym Central
Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Robert D. Young from SB Pastors United led the invocation and Jayson Montoya from
Cole Elementary School led the Pledge of Allegiance to the Flag.
PRESENTATIONS
1. Proclamation for Jayden Daniels Day in the City of San Bernardino – January
20, 2024 (All Wards)
Mayor Tran announced that the Proclamation would be presented to Mr. Daniels on
Saturday, January 20th, 2024, after the Homecoming Parade at Cajon High School.
2. San Bernardino County Fire Protection District FP5 Presentation
San Bernardino County Fire Protection District Chief Dan Munsey gave a presentation
regarding FP-5, which is a tax assessment that funds fire, rescue, and EMS services
for San Bernardino County. He stated that Measure W will be on the ballot in March
2024, and if it is approved then FP-5 will be repealed, and services will suffer.
PUBLIC COMMENT FOR ITEMS ON THE SPECIAL MEETING AGENDA ONLY
Selina M., Anna Candray, Debbie Kaufman, Diane Watern, Rose Ward, Sharon
Negrete, Georgia Lykouretzos, Lydia Savala, and E. Negrete all spoke in opposition to
Item 3, the removal of Sharon Negrete from the Animal Control Commission. They
requested that the item be denied.
David Freidman spoke regarding Item 33, the 4th Street Alley project. He asked that the
City come up with the funds or negotiate with the contractor.
Eric Servin also commented regarding Item 33. He stated that he is a business owner
Downtown and supports the 4th Street project.
Alejandro Gutierrez, Executive Director of Arts Connection, also supported Item 33, and
would like to see the project completed.
James Grigoli commented in support of the County Fire Department and Chief Munsey.
He asked people to vote No on Measure W.
CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided city-wide updates. Highlights included
Police Department and Animal Services yearly department statistics, Lynn Merrill being
appointed Public Works Director, and Mary Lanier leaving her position as Interim CED
Director.
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APPOINTMENTS
3. Animal Control Commission Removal
RESULT: APPROVED THE REMOVAL OF SHARON NEGRETE FROM THE
ANIMAL CONTROL COMMISSION [53]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Mayor Tran
NOES: Sandra Ibarra, Kimberly Calvin, Damon Alexander
4. Elected Official Compensation Advisory Board of Gil Botello (Ward 3
Appointment)
RESULT: APPROVED [53]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Alexander, Mayor Tran
NOES: Sandra Ibarra, Ben Reynoso, Kimberly Calvin
5. Personnel Commission Appointment of Reginald L. Woods (Mayor’s
Appointment)
RESULT: APPROVED [80]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Ben Reynoso Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander,
Mayor Tran
6. Personnel Commission Appointment of Leticia O. Briggs (Mayor’s
Appointment)
RESULT: APPROVED [80]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander,
Mayor Tran
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
City manager Charles Montoya announced that staff would be pulling item No. 21
from the Agenda.
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RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO.19, NO. 33, AND NO. 39 FOR A SEPARATE VOTE [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
7. California for All Animals Grant Award
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for
animal services programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and
submittals of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to
amend the FY 2023/24 Budget to appropriate $125,000 of the grant
funding in both revenues and expenditures for animal shelter programs
and services.
RESULT: ADOPTED RESOLUTION NO. 2024001 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
8. Accept Donation Funds from Stater Bros. Charities
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the
FY 2023/24 budget in both revenues and expenses and appropriate $7,000
to be used towards animal shelter programs and services.
RESULT: ADOPTED RESOLUTION NO. 2024002 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
9. Irrevocable Agreement to Annex No. 2024375 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California
adopt Resolution No. 2024-003 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property located at 1199 West
41st Street, San Bernardino, California, within the unincorporated territory of
Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable
Agreement to Annex.
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RESULT: ADOPTED RESOLUTION NO. 2024003 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
10. Resolution Declaring Intent to Conduct a Public Hearing to Order Street
Vacation (15.30439) of a Portion of Broadway Avenue East of N J Street
and North of Main Street, and Reservation of Utilities Therein (Ward 1)
Recommendation:
Adopt Resolution No. 2024-004 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of a portion of Broadway Avenue east of north J Street and north of Main
Street, and reservation of utilities therein.
RESULT: ADOPTED RESOLUTION NO. 2024004 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
11. Irrevocable Agreement to Annex No. 2024376 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California
adopt Resolution No. 2024-005 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property located at 3895 June
Street, San Bernardino, California, within the unincorporated area of Muscoy; and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
RESULT: ADOPTED RESOLUTION NO. 2024005 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
12. Ratify and Accept the San Bernardino County Fire Protection District
Ordinance No. FPD 2301 (All Wards)
Recommendation:
Adopt Resolution No. 2024-006 of the Mayor and City Council of the City of San
Bernardino, California, to ratify and accept the San Bernardino County Fire
Protection District’s (“District”) Ordinance No. FPD 23-01, which amends and
adopts the 2022 Edition of the California Fire Code, known as California Code of
Regulations, Title 24, Part 9, based on the 2021 Edition of the International Fire
Code.
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RESULT: ADOPTED RESOLUTION NO. 2024006 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
13. Irrevocable Agreement to Annex No. 2024378 (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California
adopt Resolution No. 2024-007 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property located at 4694 North F
Street, San Bernardino, California, within the unincorporated territory of
Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable
Agreement to Annex.
RESULT: ADOPTED RESOLUTION NO. 2024007 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
14. Resolution Declaring Intent to Conduct Public Hearing to Order Street
Vacation (15.30437) of a Portion of Harris Street Between North I Street and
J Street and South of West 9th Street, and Reservation of Utilities Therein
(Ward 1)
Recommendation:
Adopt Resolution No. 2024-008 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of a portion of Harris Street between North I Street and J Street and
south of West 9th Street, and reservation of utilities therein.
RESULT: ADOPTED RESOLUTION NO. 2024008 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
15. Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 20191 (Maintenance Services): Annexation No. 41, Tax Zone
No. 42 (Ono Hawaiian BBQ) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-009 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. 41) and authorizing
the levy of a special taxes therein.
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RESULT: ADOPTED RESOLUTION NO. 2024009 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
16. Resolution Declaring Intent to Conduct Public Hearing to Order the Street
Vacation (15.30440) of a Portion of 9th Street and a Portion of Tippecanoe
Avenue, and Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-010 declaring its intent to conduct a public
hearing to order the vacation of a portion of 9th Street and a portion of
Tippecanoe Avenue and reservation of utilities therein.
RESULT: ADOPTED RESOLUTION NO. 2024010 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
17. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 20191 (Maintenance Services): Annexation No. 38, Tax Zone No. 39
(InNOut) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-011 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. 38) and authorizing
the levy of a special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2024011 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
18. Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 20191 (Maintenance Services): Annexation No. 39, Tax Zone
No. 40 (Ward 1) Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-012 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. 39) and authorizing
the levy of a special taxes therein.
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RESULT: ADOPTED RESOLUTION NO. 2024012 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
19. San Bernardino Regional Housing Trust Letter of Intent (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City to join the San Bernardino Regional Housing Trust
by submitting a Letter of Intent to the San Bernardino Council of Government.
RESULT: APPROVED JOINING REGIONAL HOUSING TRUST [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
Council Member Sanchez pulled this item for a separate vote. He asked staff why the
City cannot have its own housing trust. Interim CED Director Mary Lanier explained
that this was due to resource constraints such as staff, time, and expertise.
20. Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 20191 (Maintenance Services): Annexation No. 40, Tax Zone No.
41 (Quick Quack) (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-013 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. 40) and authorizing
the levy of a special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2024013 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
21. Approve Professional Service Agreement with SB Express One LLC (All Wards)
Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Professional Service Agreement with SB Express One LLC
(Super 8 Motel) for the provision of motel rooms ranging from 28 rooms
(minimum) to 75 rooms (maximum) for a total amount not to exceed
$1,008,000 and for a term beginning January 17, 2024, through January
17, 2025.
2. Authorize the City Manager or designee to take any further actions and
execute any further agreements or documents as necessary to
effectuate the implementation of the Motel Voucher Program.
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This item (No. 21) was pulled by the City Manager.
22. Amending the Citywide Salary Schedule for the Planner Classification Series
Recommendation:
Adopt Resolution No. 2024-014 of the Mayor and City Council of the City of San
Bernardino, California: 1. Amending the City-wide salary schedule for the planner classification series. 2. Reclassifying the Deputy Director/City Planner (U) to City Planner (U).
RESULT: ADOPTED RESOLUTION NO. 2024014 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
23. Basic Compensation Plan for Parttime, Temporary and Seasonal Employees
Recommendation:
Adopt Resolution No. 2024-015 of the Mayor and City Council of the City of San Bernardino, California:
1. Approving a basic compensation plan for part-time, temporary and seasonal employees. 2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
RESULT: ADOPTED RESOLUTION NO. 2024015[70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
24. Side Letter Agreement with Various Bargaining Groups Regarding Hazard
Pay
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-028, authorizing the City Manager to
execute side letter agreements with various bargaining groups regarding hazard
pay.
RESULT: ADOPTED RESOLUTION NO. 2024028 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
25. Amendments to Professional Services Agreements for Legal Services (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or their designee to execute:
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1. Fourth Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud and Romo for representation in the
Andrea Miller (II) v. City of San Bernardino, 4th District Court of Appeals
Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream,
Kim, Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v.
City of San Bernardino, 4th District Court of Appeals Case No. E080807
3. Second Amendment to the Professional Services Agreement with
Carpenter, Rothans & Dumont, for representation in the Estate of Rob
Marquise Adams, et al. v. City of San Bernardino, US District Court Case
No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with
Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal
services in connection with the case entitled Brian Pellis, et al. v. City of
San Bernardino, et al US District Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with
Carpenter, Rothans & Dumont, for representation in Deshawn Wright v.
City of San Bernardino, United States District Court, Case No.
5:21-0032-CAS
6. Second Amendment to the Professional Services Agreement with Jones &
Mayer, for representation of City employee Imran Ahmed in Deshawn
Wright v. City of San Bernardino, United States District Court, Case No.
5:21-0032-CAS
RESULT: APPROVED AMENDMENTS TO LEGAL SERVICES
AGREEMENTS [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
26. Approve Professional Service Agreements with CivicPlus. LLC. (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Authorize the City Manager to execute the Professional Service
Agreement with CivicPlus. LLC. for CivicEngage Central hosting,
migration, training, and implementation services for a total amount not to
exceed $193,000 over a term beginning after approval of the contract
renewable for a 60-month term; and
2. Authorize the Director of Finance to issue a purchase order in the
amount of $93,000.03 to CivicPlus for the development, migration, and
hosting of a new City website.
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RESULT: APPROVED PROFESSIONAL SERVICES AGREEMENTS [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
27. Establish a California Nonprofit Public Benefit Corporation named of
“Friends of San Bernardino Parks, Recreation and Open Spaces
Foundation.”
Recommendation:
Adopt Resolution No. 2024-016 of the Mayor and City Council of the City of San
Bernardino, authorizing the City Manager, or designee, to take the steps
necessary to establish a California Nonprofit Public Benefit Corporation named
“Friends of San Bernardino Parks, Recreation and Open Spaces Foundation”
to support the Parks, Recreation, and Community Services Department’s
programs and initiatives.
RESULT: ADOPTED RESOLUTION NO. 2024016 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
28. Accept Grant Award for Lytle Creek Park and Community Center
Renovations
Recommendation:
Adopt Resolution No. 2024-017 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting a grant award in the amount of $1,000,000 from the San
Manuel Band of Mission Indians for renovations to Lytle Creek Park and
Community Center;
2. Authorizing the City Manager, or designee, to conduct all negotiations,
signings, and submittal of all necessary documents to receive the grant
award; and
3. Authorizing the Director of Finance and Management Services to amend
the FY2023/24 Budget to appropriate $1,000,000 in grant funding for the
Lytle Creek Park and Community Center Renovation projects.
RESULT: ADOPTED RESOLUTION NO. 2024017 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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29. Approve the Purchase of a Mobile Diesel Generator Through the Home
and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant
Program
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-018 to:
1. Accept and approve Request for Quotation (RFQ) F-23-77 for the
purchase of a mobile diesel generator through the Home and Community
Based Services Senior Nutrition Infrastructure Grant Program
(HCBS-NI);
2. Authorize the City Manager to execute the Vendor Services Agreement
(VSA) between the City of San Bernardino and Bell Electrical Supply
Co., Inc. for the purchase of a new mobile towable diesel generator; and
3. Authorize the Director of Finance to issue a purchase order in the
amount of
$136,089 to Bell Electrical Supply Co., Inc.
RESULT: ADOPTED RESOLUTION NO. 2024018 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
30. Accept the RFP 2239 Youth Enrichment Programs Award for Fiscal Year
2023/2024
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt resolution 2024-019:
1. Authorizing the City Manager, or his designee, to accept the award for
RFP No. 22-39 Youth Enrichment Programs for an amount not to exceed
$145,000 through Fiscal Year 2023/2024;
2. Authorizing the City Manager, or his designee, to conduct all negotiations,
signing, and submittals of necessary documents to receive RFP awards;
and
3. Authorizing the Director of Finance and Management Services to amend
the budget in both revenue and expenditures by $145,000 and
appropriate the funds for Fiscal Year 2023/2024.
RESULT: ADOPTED RESOLUTION NO. 2024019 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
31. Accept the FY 2022 Project Safe Neighborhoods Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-020 authorizing:
1. The City Manager or designee to accept the FY 2022 Department of
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Justice, Project Safe Neighborhoods grant funding; and
2. The Director of Finance and Management Services to amend FY
2023/24 Adopted Budget appropriating $200,000 in both revenue and
expenditures.
RESULT: ADOPTED RESOLUTION NO. 2024020 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
32. Contract Amendment Approval – Mt. Vernon Storm Drain Project (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California: Approve Amendment No. 1 to the Professional Services
Agreement with Onward Engineering in the amount of $19,612.50, for a total
contract amount of $164,539.50 from Storm Drain DIF funding and extend the
contract through anticipated completion date of December 30th, 2024.
RESULT: APPROVED AMENDMENT TO AGREEMENT [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
33. Rejecting Construction Bids for the Clean California Local Grant
Program (All Wards)
Recommendation:
Adopt Resolution No. 2024-021 of the Mayor and City Council of the City of San
Bernardino, California, Rejecting Construction Bids for the Clean California Local
Grant Program for the 4th Street Alley Beautification project.
RESULT: APPROVED RESOLUTION NO. 2024021 [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
This item was pulled by Council Members Ibarra, Reynoso, and Alexander for
separate vote and discussion. Public Works Director Lee Merrill presented this item.
He advised that staff needed to rescope the job, do a “job walk” with potential bidders,
and expand the bid period. He advised that the new bid should gather a much better
response.
34. Agreement with Yunex, LLC., for Traffic Signal Intersection OnCall and
Emergency Repair Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services
Agreement with Yunex, LLC., for traffic signal intersection on-call and
emergency repair services; and
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2. Authorize the Director of Finance to issue a purchase order in the amount
of $600,000 to Yunex, LLC.
RESULT: APPROVED MAINTENANCE SERVICES AGREEMENT [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
35. Task Order Issued to TransTech Engineers for Project Management
Services for the San Bernardino Hope Campus Project (Navigation Center)
and Norman F. Feldheym Library Revitalization Projects. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Approve two task orders (Transtech003 and Transtech004) to
TransTech Engineering for program management services for the San
Bernardino Hope Campus Project (Navigation Center) and Norman F.
Feldheym Library Revitalization project, as part of the existing
Professional Services Agreement for On-Call Engineering Services, and
2. Authorize the Finance Director to issue a purchase order in the amount of
$296,400 for the Hope Campus Project and $197,600 for the Feldheym
Library Project.
RESULT: APPROVED TASK ORDERS [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
36. Contract Amendment Approval – 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 City Manager to execute all documents and: Approve
Amendment No. 3 to the Professional Services Agreement with Kabbara
Engineering in the amount of $10,000, for a total contract amount of $255,531 for
Pepper Avenue Rehabilitation Project and extend the term of the agreement
through the anticipated completion date of December 30, 2024.
RESULT: APPROVED AMENDMENT TO AGREEMENT [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
37. Approve Final Tract Map No. 20495 (Ward 4)
Recommendation:
Adopt Resolution No. 2024-022 by the Mayor and City Council of the City of San
Bernardino, California, approving Final Tract Map No. 20495 (Subdivision 21-13)
involving the subdivision of five (5) parcels (APN 0285-211-05, 21, 22, 23, and
25) containing approximately 14.7 acres into one hundred thirty-three (133)
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single-family residential lots and nine (9) lettered lots for common facility
improvements, located on the northwest corner of E. Highland Avenue and N.
Palm Avenue, accepting the public dedications as set forth on said map; and
authorizing execution of the standard form of agreement for the subdivision
improvements.
RESULT: ADOPTED RESOLUTION NO. 2024022 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
38. Contract Change Order Approval – Pavement Rehabilitation at Three
Locations Ward 3
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the Director of Finance and Management Services to allocate
an additional $643,910.10 to fund the change order to complete the
pavement improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich
Corporation Company in the amount of $643,910.10 to complete the
"Project"; and
3. Authorize the project construction and construction contingencies in the
total amount of $693,000 to provide pavement improvements to
complete the "Project"; and
4. Authorize the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
RESULT: APPROVED CONTRACT CHANGE ORDER [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
39. Cancellation of January 17, 2024, Public Hearing Regarding Solid
Waste Rate Increases and Resolution Adopting Rates for Solid Waste
Services, Approving Third Amendment to the City’s Exclusive Franchise
Agreement for Integrated Solid Waste Collection, Processing and Disposal
Services with Burrtec Waste Industries, Inc., and Finding the Action
Exempt from the California Environmental Quality Act.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Cancel the Proposition 218 Public Hearing to receive comments on
the proposed rate increases and Third Amendment to the City’s
Exclusive Franchise Agreement for Integrated Solid Waste collection,
processing and disposal Services with Burrtec Waste Industries, Inc.
(“Burrtec”) on the January 17, 2024, Mayor and City Council Meeting;
and
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2. Instruct staff to establish a new timeline for implementation of proposed
rates (to include public hearings), SB 1383 adoption, and potential
amendments to the City’s agreement with Burrtec Waste Industries, Inc.
before July 30th, 2024.
RESULT: APPROVED CANCELLATION OF THE PUBLIC HEARING [60]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin
ABSENT: Damon Alexander
Council Member Sanchez pulled this item for discussion and separate vote. Public
Works Director Lynn Merrill advised that staff are currently still in discussion with
Burrtec, and they plan on bringing an item with rate information back to the Mayor and
City Council in March 2024, holding a Public Hearing on May 1, 2024, and having a new
rate in place by approximately July 1, 2024. He also reminded everyone that the current
contract with Burrtec does not end until 2026.
SPECIAL MEETING ADJOURNMENT
The Special Meeting of the Mayor and City Council was adjourned on Wednesday,
January 17, 2024, at 6:43 p.m. The Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency adjourned to
the Regular Meeting on January 17, 2024, at the Feldheym Central Library located at
555 West 6th Street, San Bernardino, California 92401. The Regular Meeting began at
7:00 p.m.
REGULAR MEETING
WEDNESDAY, JANUARY 17, 2024
7:00 PM
The Regular Meeting was called to order at 7:08 PM by Mayor Helen Tran on Wednesday,
January 17, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
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7:00 PM
Prior to beginning Public Comments, City Attorney Sonia Carvalho made an
announcement that a federal judge had issued a preliminary injunction against the City,
requiring the City to stop the “clean-up” activities of homeless encampments, if the
clean-up activities result in displacement of individuals without due process. She
advised that staff from the Police Department and Parks and Recreation will be
informed regarding what activities they are allowed to continue.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Rikke Johnson stated that the City is suffering from “urban decay” regarding planning.
He also asked that there be better landscaping done for the State St./University Pkwy.
extension.
Mike Hartley commented that he is “sick of” the City spending so much time on
homeless issues. He does not approve of the injunction.
James Smith commended Jayden Daniels, Heisman Trophy winner from San
Bernardino. He also said that Lydie from Parks and Recreation is doing a great job.
Diane Watern spoke about a dog that recently died at the animal shelter. She stated
that it is time to help the animals.
Rose Ward commented about Item No. 5. She said that the meeting time should not be
changed because it will be inconvenient for people who work.
Sharon Negrete spoke about the animal shelter. She asked that the Mayor and City
Council go to the shelter and see the poor conditions.
Selina M. expressed disappointment with the agreement with other cities to provide
animal care services. She stated that out shelter is already too full and local animals
should be the priority.
Georgia Lykouretzos stated that animals in the animal shelter are not being taken care
of.
Al Palazzo informed that he has many ideas to share with the City regarding
development Downtown.
Lydia Savala asked that the mobile animal spay and neuter clinic vehicle be utilized.
Frank Montes, Chairman of the Board for the Hispanic Coalition of Small Businesses,
commented that the City needs to help small businesses. He provided a website,
www.hcsb.us.org, for businesses to apply for assistance.
John Shollenberger stated that the City Council has been voting on items in a way that
is reckless, fiscally irresponsible, and political in nature. He said that the Mayor has a lot
of responsibility, and it is time for her to change course.
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Dolores Armstead asked why there wasn’t a Ribbon Cutting ceremony for the State
St./University Pkwy. extension. She also asked for an update on the General Plan and
the “Oxbow” debris pile in the 5th Ward.
E. Negrete inquired as to what will happen to the City now that AB1418 for Crime-Free
Housing no longer exists.
Christian Shaughnessy informed that he is running for office in March 2024. He stated
that the City needs transformational change.
Keith Benitez asked that people volunteer to help with the County of San Bernardino’s
“Homeless Point in Time Count” on January 25th.
Ollie Espinoza thanked the City Council for approving the Regional Housing Trust and
reminded people about the Point in Time Count.
Ulyzes stated that he is part of the Youth Advisory Board. He asked people to volunteer
for the Point in Time Count.
Mykayah thanked the City Council for approving the Regional Housing Trust. He stated
that there is nothing nice to say about the “left side” of the dais.
Less commented that he would like Chris Shaughnessy to be elected to Ward 3. He
asked that the meeting time not be changed.
Treasure Ortiz spoke about the money that the City pays to the fire department and
expressed that she is happy the Burrtec contract is being renegotiated. She advised
that she is running for the 7th Ward in the upcoming election.
Jr. Carrillo commented that he supports changing the time of the Mayor and City
Council meetings. He stated that if issues are important to people, they will make time
to come to the meetings.
CONSENT CALENDAR
1. Adoption of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC1622: adopting a new Chapter 8.79 of the City of
San Bernardino municipal code; adopting flood hazard maps; designating City Engineer
as the floodplain administrator; and repealing Chapter 19.16 of the City of San
Bernardino municipal code.
RESULT: APPROVED THE ADOPTION OF ORDINANCE NO. MC1622
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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PUBLIC HEARINGS
2. Public Hearing on Annexation No. 28A to Community Facilities District 20191
(Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024023 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of le vying the amended special tax within the area proposed to be
annexed to Community Facilities District No. 20191 (Maintenance Services)
(Annexation No. 28A) ; and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024024 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 20191 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1623 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected
during Fiscal Year 20232024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1623 for February 21, 2024.
City Manager Charles Montoya stated that Item No. 2 was being pulled from the
agenda due to new Statemandated noticing requirements.
3. Public Hearing on Annexation No. 37 to Community Facilities District 20191
(Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-025 of the Mayor and City Council of the City of
San Bernardino, California, calling an election to submit to the qualified electors
the question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No.
37); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-026 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 20191 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1624 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected during
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Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of
landscaping, lighting, water quality improvements, graffiti, streets, street
sweeping, parks and trail maintenance, a reserve fund for capital replacement,
and administrative expenses with respect to City of San Bernardino Community
Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1624 for February 21, 2024.
City Manager Charles Montoya stated that Item No. 3 was being pulled from the
agenda due to new Statemandated noticing requirements.
DISCUSSION
4. Adopting Resolution No. 2024027 and Introducing Ordinance No. MC1625
Amending Chapter 2.10 and Chapter 2.15, Adding Chapter 2.83, and Amending
Sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code
Regarding Updating Titles and Organizational Duties of Various City Departments
and Department Heads (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-027:
a. Restructuring the Community and Economic Development Department
by creating the Community Development & Housing Department and the
Economic Development Department
b. Retitling the Human Resources Department to Human Resources and
Risk Management Department
c. Retitling the Finance Department to Finance and Management Services
Department
d. Retitling the Director and Deputy Director of Human Resources (U)
Classification
e. Retitling the Deputy Director of Finance (U) Classification
f. Amending the Citywide Salary Schedule for fulltime, parttime,
temporary, and seasonal position; and
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and
amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino
Municipal Code regarding updating titles and organizational duties of various City
Departments and Department Heads.
Deputy City Manager Suzie Soren presented this item. There were no questions or
comments from the Mayor and City Council.
RESULT: ADOPTED RESOLUTION NO. 2024027 AND INTRODUCED
ORDINANCE NO. MC-1625 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
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5. Introduction of Ordinance No. MC1626 Amending Section 2.58.010 of the
Municipal Code Relating to the Time and Location of Regular Meetings (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title only, and waive further reading of Ordinance No.
MC1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino
Municipal Code relating to the time and location of regular meetings.
Assistant City Manager Edelia Eveland presented this item. Council Member Sanchez
opined that he would like to change the meeting time to 3:00 PM, beginning with Closed
Session. Council Members Calvin and Alexander stated that they are opposed to
changing the meeting time. Council Member Ibarra asked to clarify that this item does
not change the meeting time. City Attorney Carvalho confirmed that it allows flexibility
for the Mayor and City Council to change the time in the future.
RESULT: APPROVED THE INTRODUCTION OF ORDINANCE NO. MC1626
AND GAVE DIRECTION TO STAFF TO BRING BACK A
RESOLUTION TO DETERMINE THE START TIME OF MAYOR
AND CITY COUNCIL MEETINGS AFTER THE ADOPTION OF THE
ORDINANCE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: Kimberly Calvin
6. Election of Mayor Pro Tempore (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, open nominations for a member of the City Council to serve as Mayor Pro
Tempore with an effective date of December 20, 2023.
Council Member Sanchez nominated 4th Ward Council Member Fred Shorett. Council
Member Calvin nominated 5th Ward Council Member Ben Reynoso. The vote was taken
on the first nomination and was approved, so not further votes were taken.
RESULT: APPROVED THE NOMINATION OF COUNCIL MEMBER FRED
SHORETT AS MAYOR PRO TEMPORE [4-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett
NOES: Ben Reynoso, Kimberly Calvin, Damon Alexander
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council shared updates with the community. Highlights
included the upcoming Homeless Point in Time Count, Coffee with a Cop on January
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16th, neighborhood meetings, the Dodger Dream Field at Blair Park, and Martin Luther
King, Jr. Day celebrations. Council Member Ibarra attended virtual training to volunteer
at the Point in Time count.
The Mayor and City Council Members asked that the meeting be adjourned, and a
moment of silence observed, in honor of community members who have passed away:
Lucy A. Romero, Carolyn Sue Johnson Conley, Luis Leon, Venus Williams, Jack Wolf,
and Daniel Cervantes.
The Mayor and City Council convened to Closed Session at 8:59 p.m.
CLOSED SESSION
7. Closed Session
Recommendation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham,
San Bernardino Superior Court Case No. CIVBS2134966
ii. Estate of Rob Marquise Adams, by and through its personal Representatives,
Tamika King, et al. v. City of San Bernardino, United States District Court Case
No. 5:22CV02206 JGBSP
iii. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVSB222673
iv. Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ13946643, ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925, and
ADJ4544196
v. Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No.
ADJ1477022
vi. Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No.
ADJ11111333
CLOSED SESSION REPORT
There was no reportable action from Closed Session
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 17,
2024 at 9:34 p.m.
The next Special Meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, January 31, 2024, in the Council Chamber located at 555 West 6th
Street, San Bernardino, California 92410. Open Session will begin at 3:00 p.m.
By:________________________
Genoveva Rocha, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino
Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council
of the City of San Bernardino Acting as the Successor Housing Agency to the
Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting
as the Housing Authority, and Mayor and City Council of the City of San Bernardino
Acting as the San Bernardino Joint Powers Financing Authority
WEDNESDAY, APRIL 3, 2024
4:00 PM
Closed Session was called to order at 4:08 PM by Mayor Helen Tran on Wednesday,
April 3, 2024, at Feldheym Central Library, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem,, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2
4:00 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no public comments.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant Exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2): Notice of claim, Steve Carrigan, dated November 28, 2023, Claim No.
GHC0065668
CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was reportable action from Closed Session.
The Mayor and City Council met at 4:00 p.m. to discuss a claim filed by Mr. Steve
Carrigan against the City in relation to the City Manager recruitment process. The City
initiated an investigation of that claim and voted four to two to release portions of the
investigative report:
Council Members Sanchez, Ibarra, Figueroa, and Mayor Pro-Tem Shorett voted yes.
Council Members Alexander and Calvin voted no.
Council Member Reynoso was absent.
5:00 PM
The Regular Meeting was called to order at 5:08 PM by Mayor Helen Tran on
Wednesday, April 3, 2023, at Feldheym Central Library, San Bernardino, CA.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Paul E. Jones of Independent Trinity Benjamin E. Jones Community Center led
the invocation, and Melissa Gastelum from Dominguez Elementary School led the
Pledge of Allegiance to the Flag.
PRESENTATIONS
1. Proclamation for National Library Week in the City of San Bernardino –
April 7th April 13th, 2024 (All Wards)
Mayor Tran presented the Proclamation to Ed Erjavek, Library Director, and Library Board
President Jim Pierson.
2. Proclamation for Sexual Assault Awareness Month in the City of San
Bernardino – April 2024 (All Wards)
Mayor Tran presented the Proclamation to Program Director for Partners Against
Violence, Arlinda Wilson.
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3. Proclamation for Volunteer Appreciation Month in the City of San
Bernardino – April 2024 (All Wards)
Mayor Tran presented the Proclamation to Director of Parks, Recreation, and Community
Services, Lydie Gutfeld, and various City staff.
At this time, the items were taken out of order and Item No. 5 was heard before
Item No. 4.
5. Presentation of California Parks and Recreation Society 2023 Award of
Excellence for Creating Community through Arts and Cultural Services
CPRS State Board Secretary Victoria Reyna, Deputy Director, City of Lancaster Mayor
& Director of Parks, Recreation, and Community Services, presented the award to
Lydie Gutfeld and staff.
4. Presentation of California Parks and Recreation Society Community
Champion Award to Terry Boykins of Project Fighting Chance
Director of Parks, Recreation, and Community Services Lydie Gutfeld gave a
presentation and presented an award to Terry Boykins.
CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer, provided city wide updates. Highlights included
the opening of a Tesla body shop in the City, activities with San Bernardino’s “Sister
City” in Korea, and awards received by the Parks and Recreation Department.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Al Palazzo spoke about the many ideas he has for improvement and development in the
City.
At this time, the following students from the Cal State University San Bernardino
(CSUSB) Bachelor’s Degree Social Work Program stated that they would be
speaking as a group. Each member spoke about their efforts to assist the
homeless population in the City, and asked for the Mayor and City Council’s
support:
Rochelle Hernandez Tiffany Stafford
Jodi Brown Griselda Patron
Leslie Depozo Sylvia Rios
Dolores Armstead spoke in opposition to Item No 8, car washes and warehouses in the
City, and the “Oxbow” debris pile.
Dominic Antonez commented about the “rave” that happened recently in the City.
Jim Mulvihill spoke about Items Nos. 10 and 11.
Albert Hopkins commented about street paving, streetlights, and homelessness. .
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Lydia Savala spoke about the animal shelter not accepting owner-surrendered dogs.
Mike Hartley spoke about Code Enforcement addressing blight in the City.
Georgia informed about animal companion issues in the City.
PUBLIC HEARING
6. Public Hearing on Annexation No. 37 to Community Facilities District 20191
(Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-063 of the Mayor and City Council of the
City of San Bernardino, California, calling an election to submit to the
qualified electors the question of levying a special tax within the area
proposed to be annexed to Community Facilities District No. 2019-1
(Maintenance Services) (Annexation No. 37); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-064 of the Mayor and City Council of the
City of San Bernardino, California, declaring election results for
Community Facilities District No. 2019-1 (Maintenance Services)
(Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance
No. MC- 1634 of the Mayor and City Council of the City of San
Bernardino, California, amending Ordinance No. MC-1522 and levying
special taxes to be collected during Fiscal Year 2023-2024 to pay
annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping,
parks and trail maintenance, a reserve fund for capital replacement,
and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance
Services); and
6. Schedule the adoption of Ordinance No. MC-1634 for April 17, 2024.
Mayor Tran opened the public hearing at 6:16 p.m.
Shane Spicer from Spicer Consulting provided a presentation.
There were no public speakers or requests to speak.
City Clerk Rocha reported that there were no written protests received.
The public hearing was closed at 6:20 p.m.
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RESULT: ADOPTED RESOLUTION NO. 2023063 [60]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
RESULT: ADOPTED RESOLUTION NO. 2023064 [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC1634
[60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
DISCUSSION
7. City of San Bernardino Parks Master Plan Update
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the oral report on the Parks Master Plan Update.
Representatives from Next Practice Partners provided a presentation.
RESULT: Receive and File; No action taken.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO.8, NO. 10, AND NO. 11 FOR A SEPARATE VOTE [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ABSENT: Ben Reynoso
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8. Establish a California Nonprofit Public Benefit Corporation named The City
of San Bernardino Foundation for Community & Economic Growth (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-060 authorizing the City Manager or designee to take
the necessary steps to establish a California nonprofit public benefit corporation
named The City of San Bernardino Foundation for Community & Economic
Growth to support the opening and operation of a business and visitor center in
the city.
There was discussion amongst the City Council regarding the purpose of establishing
this foundation, the proposed “welcoming center”, and who will be on the board of
directors.
City Manager Montoya stated that the foundation was being established to allow the
local business community to sponsor special events in the City, such as the “State of
the City” event. He stated that the City was already receiving sponsorships for events.
He advised that an item will be coming forward at the next Mayor and City Council
meeting on April 17, 2024 to appoint members to the board of the corporation, which
will be recommended by staff, appointed by the Mayor and approved by the City
Council.
Council Member Calvin made a motion to bring the item back as a discussion item
when the board positions are ready to be appointed. There was no support for the
motion.
Council Member Sanchez then made a motion to approve staff’s recommendation.
There was a second from Mayor Pro Tem Shorett.
RESULT: APPROVED STAFF’S RECOMMENDATION [51]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Kimberly Calvin
ABSENT: Ben Reynoso
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9. Irrevocable Agreement to Annex No. 2024377 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California
adopt Resolution No. 2024-061 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the application to the Local Agency Formation Commission
to provide City sewer services to a property located at 19915 Cajon
Boulevard, San Bernardino, California, (APN 0262-042-44), within the
unincorporated territory of Muscoy; 2. Authorizing the City Manager to execute an Irrevocable Agreement to Annex.
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
10. 2022 Housing Element Annual Progress Report
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the 2022 Housing Element Annual Progress Report (Attachment
1).
Council Member Calvin asked why Items No. 10 and 11 were on the Consent
Calendar, rather than being presented to the General Plan Committee or Downtown
Redevelopment Committee first.
Community Development and Housing Director Gabriel Elliott confirmed that the items
were providing an update on the Housing Element only, as mandated by the State of
California. These do not have any correlation to the General Plan or Downtown
Redevelopment Plan.
City Manager Montoya informed that the consultant was still working on the General
Plan Update, and the Mayor and City Council would receive an update within two
months.
At this time, there was consensus amongst the City Council to vote on Item 10
and 11 simultaneously.
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
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11. 2023 Housing Element Annual Progress Report (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the 2023 Housing Element Annual Progress Report (Attachment
1).
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
12. Adoption of Ordinance No. MC1633 (Annexation 38) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1633, amending Ordinance No. MC-1522
and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the
annual costs of the maintenance and servicing of landscaping, lighting, water
quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District
No. 2019-1 (Maintenance Services).
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
13. Adoption of Ordinance No. MC1630 (Annexation 39) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1630, 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).
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RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
14. Adoption of Ordinance No. MC1631 (Annexation 40) (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1631 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
15. Adoption of Ordinance No. MC1632 (Annexation 41) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1632 amending Ordinance No. MC-1522 and
levying special taxes to be collected during Fiscal Year 2023-2024 to pay the
annual costs of the maintenance and servicing of landscaping, lighting, water
quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No.
2019-1 (Maintenance Services).
RESULT: APPROVED STAFF’S RECOMMENDATION
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
16. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:
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It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
17. Recognizing Teamsters Local 1932 (Teamsters) and American Federation of
State, County and Municipal Employees District Council 36 (AFSCME) as
the Majority Representatives for the General Unit and Police General Unit
for the Purposes of Employer Employee Relations with the City.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, Adopt Resolution No. 2024-065:
1. Recognizing Teamsters Local 1932 (Teamsters) as the majority
representative for the General Unit;
2. Recognizing American Federation of State, County and Municipal
Employees District Council 36 (AFSCME) as the majority
representative for the Police General Unit;
3. Amending the City-Wide Salary Schedule for full-time, part-time,
temporary, and seasonal positions.
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
18. Adopt Resolution Approving Amendment No. 1 to Cooperative Agreement
No. 22 1002720 with the San Bernardino County Transportation Authority
(SBCTA) for the State Route 210/ Waterman Avenue Interchange Project
(Ward 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-062, authorizing:
1. The Director of Finance and Management Services to amend the
State Route 210/Waterman Avenue Interchange Project budget in the
amount of $227,858 from the Measure S Fund, and;
2. The City Manager to execute Amendment No. 1 to Cooperative
Agreement No. 22-1002720 with the San Bernardino County
Transportation Authority (SBCTA) for Waterman Avenue at State
Route 210 (SR-210) interchange Project.
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RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
19. Approving Amendment No. 4 to the Joint Exercise of Powers Agreement
with the San Bernardino Associated Governments (SANBAG) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 4 to the Joint
Exercise of Powers Agreement with the San Bernardino Associated Governments
(SANBAG).
RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander
ABSENT: Ben Reynoso
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
At this time the Mayor and City Council provided updates to the community. Highlights
included the Grand Opening of the 5th Street Gateway project on April 11th, homeless
services, the Easter “Egg-stravaganza” and the upcoming National Orange Show Fair.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, April 3,
2024, at 7:28 p.m. The next 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 will be held on April 17, 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 the Open Session will begin at 5:00 p.m.
Genoveva Rocha, CMC, City Clerk
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, MAY 1, 2024
4:00 PM
Closed Session was called to order at 4:03 p.m. by Mayor Tran on Wednesday, May 1,
2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 4:08 p.m.
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present Left 7:58 p.m.
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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4:00 PM
CLOSED SESSION PUBLIC COMMENT
There were no public comments.
CLOSED SESSION
A)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9:
one case
B)CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of San Bernardino v. Arrowhead Lodge No. 896, I.B.P.O.E. of W
et al., San Bernardino Superior Court Case No. Case No. CIVSB2221041
C)PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager (City Manager-Initiated Goal Setting Process)
D)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: one case
The Mayor and City Council convened into Closed Session at 4:04 p.m.
5:00 P.M.
The regular meeting was called to order at 6:23 p.m. by Mayor Helen Tran on
Wednesday, May 1, 2024, at Feldheym Central Library, San Bernardino, CA
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Gwen Dowdy-Rodgers from Church of the Living God led the invocation, and
Joselyn Campos from Fairfax Elementary School led the Pledge of Allegiance to the
Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there were four closed session matters on
the agenda. There was reportable action for Item B, an update on the existing litigation,
and the City Council gave directions to authorize the filing of a receivership action.
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PUBLIC HEARING
1.Development Code Amendment (Zoning Map Amendment) 20 05 and
Development Permit TypeD 2003 – Amazing 34 Project
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1.Adopt Resolution No. 2024-078 of the Mayor and City Council of the
City of San Bernardino, California, adopting the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program,
and approving Development Permit Type D 20 -03 to allow the
development and establishment of an industrial warehouse
containing approximately 89,475 square feet on a project site
comprised of (3) parcels containing s total of approximately 4.02 acres
located on the northeast corner of S. Waterman Avenue and E. Central
Avenue (Attachment 1); and
2.Introduce for the first reading, Ordinance No. MC-1637 of the Mayor
and City Council of the City of San Bernardino, California,
approving Development Code Amendment (Zoning Map
Amendment) 20 -05 changing the Zoning District Classification from
Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels
containing a total of approximately
3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment
4).
3.Schedule the adoption of the above Ordinance for the regularly
scheduled meeting of the Mayor and City Council on May 15th, 2024.
Mayor Tran opened the public hearing at 6:26 p.m.
Director of Community Development and Housing Gabriel Elliott and Senior Planner
Travis Martin provided the presentation.
There were three public speakers.
Dolores Armstead spoke in opposition to the approval of the warehouse.
Chase Preciado, from the law firm Lozeau Drury, spoke in opposition to the
warehouse approval, referencing the written public comment he submitted.
Less spoke in opposition to the approval of the warehouse, and the zoning needs to
be updated.
The public hearing was closed at 6:45 p.m.
Council Member Calvin asked about updating the general plan with truck routes for
the warehouses that are being approved. She also asked regarding the code
amendment not being approved by the Planning Commission.
Director of Community Development and Housing Gabriel Elliott explained that the
amendment failed because six (6) commissioners were present, the vote was 4-2,
and five (5) votes were needed to approve it.
Council Member Sanchez made a motion that a condition of approval be to
relocate parking spaces to the south corner of the parcel and the warehouse to the
north due to the warehouse's proximity to Central Ave. He also suggested moving
the exit from Waterman Ave. to Central Ave. for safety reasons. However, his
motion was not seconded.
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Council Member Ibarra made a substitute motion to take the item back to the
Planning Commission for their review and approval. Council Member Calvin
seconded the motion. There was a tie vote 3-3 and Mayor Tran voted to break the
tie. The motion failed 4-3.
City Manager Charles Montoya and City Attorney Sonia Carvalho suggested
approving the substitute motion, and if the developers have issues, they will get
back to City Council.
Council Member Shorett made the motion to approve the staff recommendation
without conditions.
RESULT: APPROVED STAFF’S RECOMMENDATION AND INTRODUCED
FIRST READING MC-1637 [4-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Figueroa, Shorett, Alexander, and Mayor Tran
NOES:Sanchez, Ibarra, Calvin
ABSENT:Ben Reynoso
The result was a tie vote, and Mayor Tran was granted a vote to break the tie.
2.Proposed Fiscal Year 202425 Annual Action Plan for the Community
Development Block Grant, HOME Investment Partnership and
Emergency Solutions Grant Programs (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Conduct a Public Hearing to obtain citizens’ comments on the proposed
Fiscal Year 2024-25 Annual Action Plan for the Community
Development Block Grant, HOME Investment Partnership, and
Emergency Solutions Grant Programs; and
2.Consider any necessary changes to the proposed Fiscal Year 2024-25
Annual Action Plan and direct staff to return on May 15, 2024, with the
final Annual Action Plan for consideration prior to submittal to the
United States Department of Housing and Urban Development.
3.Authorize the City Manager or designee to take any further actions and
execute any further documents as necessary to effectuate the
submittal of the HUD Fiscal Year 2024-2025 Annual Action Plan and
certification to HUD.
Mayor Tran opened the public hearing at 7:13 p.m.
Director of Community Development and Housing Gabriel Elliott and Senior
Management Analyst William Lampi provided the presentation.
There were six public speakers.
Terry Boykins, Project Fighting Chance asked, the Mayor and City Council to be
considered for the Community Development Block Grant funding.
Jorge Zatarain, Director of Operations at El Sol Neighborhood Educational
Center, asked the Mayor and City Council for their approval of the grant.
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Isacc Mendez, Program Manager at El Sol Neighborhood Educational Center,
also spoke in support of their grant from the Community Development Block
Grant funding.
Alicia Cortes, a member of El Sol Neighborhood Educational Center, spoke
about the center's activities and asked that the Mayor and City Council approve
their grant.
Karen Suarez, Vice President of Collective Impact, expressed support for El Sol
Neighborhood Educational Center. She talked about implementing a program to
help current renters become homeowners.
Miriam Nieto spoke in support of El Sol Neighborhood Educational Center funding
and said the Police Department is a great example to the other departments in the
city.
The public hearing was closed at 7:40 p.m.
Council Member Sanchez amended the recommendation to award a quarter
million dollars in Community Development Block Grant (CDBG) funds to El Sol, a
quarter million dollars to Project Fighting Chance, and a million dollars for three
dilapidated baseball fields, one in Gutierrez Park and two at Encanto Park.
Council Member Calvin asked to include a pocket park (Bobby Vega Park) in
Council Member’s Sanchez amendment.
Gabriel Elliott, Director of Community Development and Housing, stated he would
provide an update after staff review the City Council’s recommendation. The City
Council will take action on May 15, 2024.
RESULT: APPROVED STAFF’S RECOMMENDATION [4-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Figueroa, Shorett, Calvin
NOES:None
ABSENT:Sandra Ibarra, Ben Reynoso, Damon Alexander
APPOINTMENTS
3.Planning Commission Appointment of George J. Karaiscos (Ward 7)
4.Parks, Recreation and Community Services Commission Appointment of
Lata M. Wilson (Ward 7)
There was a consensus of the Mayor and City Council to vote on Item Nos. 3 and 4 in a
single vote.
No presentation was made for Item Nos. 3 and 4, the appointees were present, and City
Clerk Genoveva Rocha administered the Oath of Office.
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RESULT: APPROVED APPOINTMENT ITEMS NO. 3 & 4 [4-0]
MOVER:Juan Figueroa, Council Member, Ward 3
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Figueroa, Shorett, Calvin
NOES:None
ABSENT:Sandra Ibarra, Ben Reynoso, Damon Alexander
PRESENTATIONS
5.Youth Civic Engagement Council Certificates of Recognition (All Wards)
Mayor Tran presented the Certificates of Recognition to Alejandro Uribe and
Alexandra Gilbert. Allanhi Chapman and Silvana Vazquez were not in attendance.
6.Proclamation for Water Safety & Drowning Prevention Month in the City of
San Bernardino – May 2024 (All Wards)
Mayor Tran presented the Proclamation to Michael Schicora and his Aquatics Team.
7.Proclamation for Asian American Native Hawaiian Pacific Islander Heritage
(AANHPI) Month in the City of San Bernardino – May 2024 (All Wards)
Mayor Tran presented the Proclamation to Ms. Ericka Rios and Ms. Danthu
Pham from Belvedere Elementary School.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
At this time, public comments were heard.
Jim Mulvihill spoke in support of item number 19.
Rikke Van Johnson spoke on the closed session investigation.
Claudia Casillas, a student from California State University of San Bernardino, spoke
about the social welfare project she participated in with her classmates.
Dolores Armstead made several comments. She spoke on the meeting starting late, the
City Manager submitting projects with a tight deadline, and Council Member Sanchez's
comments. She also spoke on the report from August 2023.
Claudia Casillas thanked Gabriel Elliott for helping her get the proper permits to open
her business in the city. She asked the Mayor and City Council to help the department
ease the process for permits.
Mike Hartley spoke on the meeting starting late and the warehouse development.
Luis Ojeda spoke about the meeting start time and the need for a response from the
City Manager.
Mrs. P spoke about creating environments that are unhealthy for the children in the
community and not having a vision for the city.
Georgia Lykouretzos asked the Mayor and City Council for their support to help the
Animal Shelter.
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David Freidmen thanked the Public Works department for supporting the Clean
California Grant to help clean an alley downtown. He also supports housing for Police
Officers but was disappointed with the approval of the warehouse.
Dr. Gwen Dowdy-Rogers of Arrowhead United Way asked for the Mayor and City
Council's support to help veterans. She also spoke of the lack of communication
between the City Manager and the Mayor and City Council.
Karen Suarez spoke in support of the PlaceWorks agreement. This agreement will help
the city move forward with the general plan.
L’Rea Robinson spoke on several items from previous Mayor and City Council
meetings: the funding for the homeless, the Censuring of Council Member Calvin, and
the lawsuit from a previous City Manager candidate.
Les spoke about the hiring of the city manager and the police department not
responding to the residents.
Al Palazzo spoke on rebuilding the city and his vision.
Carolyn Tillman asked to be respectful and professional to the residents of San
Bernardino. She also spoke about the closed session investigation.
Jim Penman spoke on the positive things happening in the city. He thanked
Congressman Pete Aguilar for the cameras in the city and the fundraising at the Mexico
Café to help raise money for the K-9s. He also mentioned the Arrowhead Country Club
anniversary celebration in August, and the Chamber of Commerce will host their law
enforcement appreciation dinner on May 22nd at the Elks Club.
At this time, City Clerk Genoveva Rocha addressed the Mayor and City Council
regarding written public comments and ADA accommodations.
The following submitted written comments: Tim Dorame, Victoria Yundt, and the written
correspondence from Mr. Johnson.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO.
9 FOR DISCUSSION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
NOES:None
ABSENT:Ben Reynoso and Damon Alexander
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8.Approval of the Second Amendment to the Professional Services
Agreement with Hope the Mission for Homeless Outreach Services
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino approve the Second Amendment to the Professional Service
Agreement with Hope the Mission to extend the term of the agreement by one (1)
year to oversee the City’s Homeless Outreach Project.
RESULT: APPROVED STAFFS RECOMMENDATION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
9.Final Reading and Adoption of Ordinance No. MC 1636 Development
Code Amendment 2402 (Emergency Shelter Overlay)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1636, approving Development Code
Amendment 24-02 amending the following sections and chapter:
1.Section 19.02.50 (Basic Provisions – Definitions).
2.Section 19.06.020; Table 06.01 (Commercial Zones - Development
Permitted and Conditionally Permitted Uses).
3.Section 19.08.020; Table 08.01 (Industrial Zones - Development
Permitted and Conditionally Permitted Uses)
4.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
5.Finding that Development Code Amendment 24-02 is exempt from review
under the California Environmental Quality Act.
Council Member Ibarra pulled this item for a separate vote.
Council Member Sanchez motioned and seconded by Mayor Pro-Tem Shorett, but the
motion failed 3-2, with Council Member Ibarra and Council Member Calvin voting in
opposition.
City Attorney Sonia Carvalho stated that the city council must give at least four (4) votes
to adopt an ordinance.
Council Member Sanchez made a motion to continue the item to the second meeting in
May. The motion was seconded by Council Member Calvin and the motion to continue
passed.
City Attorney Sonia Carvalho reminded the City Council the Ordinance was related to a
resolution to resolve issues with the state’s department of Housing and Community
Development (HCD).
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Director of Community Development and Housing Gabriel Elliott stated that the deadline
for response will be before the next meeting.
City Council Members voted to reconsider bringing the item back. Council Member
Sanchez made the motion, which was seconded by Mayor Pro-Tem Shorett. The
motion passed 4-1, with Council Member Ibarra voting in opposition.
The final result was:
RESULT: ADOPTED ORDINANCE MC-1636 [4-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Figueroa, Shorett, Calvin
NOES:Sandra Ibarra
ABSENT:Ben Reynoso and Damon Alexander
10.Encroachment Permit and Covenant Agreement with the San Manuel
Band of Mission Indians (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California,
adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San
Bernardino, California, authorizing and directing the City Manager to execute an
Encroachment Permit and Covenant Agreement with the San Manuel Band of
Mission Indians, a federally recognized Indian tribe, for the encroachment of
two improvements that include an above ground wayfinding sign and a primary
directional monument sign located at Victoria Avenue north of Lynwood Drive and
southwest of Piedmont Drive, San Bernardino, California.
RESULT: ADOPTED RESOLUTION NO. 2024-079 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
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11.Updating Assessment Engineer's Reports Previously Formed
Landscape and Lighting Maintenance Districts (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
California, adopt Resolution No. 2024-080 of the Mayor and City Council of the
City of San Bernardino, California, initiating the proceedings to levy and collect
assessments for FY 2024/25 in Assessment Districts pursuant to the
Constitution and the City Charter, appointing the Engineer of Record, and
ordering preparation of Engineer's Report.
RESULT: ADOPTED RESOLUTION NO. 2024-080 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
12.Resolutions Updating the Bank and Investment Account Signature
Authority (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, and the Mayor and City Council of the City of San Bernardino,
California acting in its capacity as the Successor Agency to the former
Redevelopment Agency of the City of San Bernardino adopt the attached
Resolutions updating the City’s and Successor Agency’s bank and investment
account signature authority:
1.2024-081 – Wells Fargo Bank, City;
2.2024-082 – Wells Fargo Bank, Successor Agency;
3. 2024-083 – U.S. Bank, City;
4.2024-084 – U.S. Bank, Successor Agency;
5.2024-085 – BNY (Bank of New York) Mellon, City;
6.2024-086 – BNY (Bank of New York) Mellon, Successor Agency;
7.2024-087 – Citizens Business Bank, Successor Agency;
8.2024-088 – Local Agency Investment Fund (LAIF), City; and
9.2024-089 – Authorized Brokers or Dealers for the City and Successor Agency.
RESULT: ADOPTED RESOLUTION NOS. 2024-080 through 2024-089 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
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13.Receive and File the City’s Annual Comprehensive Financial Report for the
Year Ended June 30, 2023 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file City’s Annual Comprehensive Financial Report (ACFR)
for the Year Ended June 30, 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
14.Library Literacy Program Grant Funding (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-092, authorizing the Director of Finance
and Management Services to amend and appropriate $29,786 in grant funding
from the California Department of Education in both revenues and expenditures to
the Fiscal Year 2023 – 2024 Operating Budget for the Workforce Innovation and
Opportunity Act, Title II: Adult Education and Family Literacy Act program.
RESULT: APPROVED RESOLUTION NO. 2024-092 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
15.COPS Grant Application (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Police Department to apply for funding for five police
officer positions through the Community Oriented Policing Services (COPS) grant
program.
RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
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16.Receive and File San Bernardino Municipal Water Department’s Audited
Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the San Bernardino Municipal Water Department’s
audited Annual Comprehensive Financial Report for water and sewer utilities for
Fiscal Year ended June 30, 2023.
RESULT: APPROVED STAFF’S RECOMMENDATION [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT:Ben Reynoso and Damon Alexander
17.Adopt a Resolution Adding Dignity Moves as a Joint Applicant with the
City and Lutheran Social Services of Southern California for the Homekey
3.0 Grant Funding Application (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-093 authorizing a joint application to and
participation in the Homekey Program with Lutheran Social Services of Southern
California and Dignity Moves.
RESULT: ADOPTED RESOLUTION NO. 2024-093 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin
ABSENT: Ben Reynoso and Damon Alexander
18.Peace Officer Housing Incentive Program
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the report and presentation regarding the potential for
a Peace Officer Housing Incentive Program for all full-time sworn staff.
Council Member Sanchez expressed concern on the loan forgiveness due to the lack of
details on the process in the staff report. He also requested the cost of including all
employees in the program.
City Manager Charles Montoya asked to pull the item and review each Council
Member's recommendations.
Council Member Ibarra recommended offering down payment assistance to first time
home buyers and adding all city staff, as well as loan forgiveness incentive for doctors
and nurses.
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Council Member Figueroa asked if the city is responsible for the difference in the
interest rate and if the program could be terminated by the direction of the City Council,
not by the City Manager.
City Manager Charles Montoya explained that staff will look into the interest rate, and
termination of the program will be up to the City Council, but the termination of an
individual in the program could be done by the City Manager.
The item was pulled by staff and will return after review of Council Member
recommendations.
19.Contract Amendment for PlaceWorks for the preparation of the City’s
General Plan Update and other related documents (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve a contract amendment for PlaceWorks in the amount not to
exceed $634,825.09.
Gabriel Elliott, Director of Community Development and Housing, announced that the
attachments in the staff report contained an incorrect statement. The PowerPoint and
contract amendment should state that the dollar amount shall be increased by
$634,821.09 instead of shall not exceed $634, 825.09.
Director of Community Development and Housing Gabriel Elliott gave the presentation.
At this time, there was a discussion to extend the meeting.
City Attorney Sonia Carvalho announced the meeting rules and the Resolution No.
2024-029 adopted February 21, 2024, stating that all meetings are scheduled to
terminate at 10:00 p.m., and at 9:00 p.m., the City Council must determine which items
on the agenda they want to discuss prior to 10 p.m. A majority vote of the City Council is
required to extend the meeting beyond 10 p.m. to discuss specific items.
There was a motion by Council Member Sanchez to only discuss Item No. 19 and
continue the remaining items to the next meeting on May 15, 2024. Council Member
Figueroa seconded the motion.
RESULT: DISCUSS ITEM NO. 19 AND CONTINUE THE REMAINING ITEMS
NO. 20, 21, AND 22 TO THE NEXT MEETING [4-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Figueroa, Shorett, Calvin
NOES:Sandra Ibarra
ABSENT:Ben Reynoso and Damon Alexander
The Mayor and City Council continued to discuss Item No. 19.
Council Member Ibarra asked who had approved additional contracts for
the additional work done by PlaceWorks.
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City Manager Charles Montoya commented that the approval was done before his
appointment.
Council Member Sanchez suggested that staff should have included an itemized list of
how the four million dollars were spent.
Woody Allen, PlaceWorks, explained the changes in the housing element laws that
increase the contract's cost.
Mark Hoffman, Associate Principal, PlaceWorks described the major documents that
were approved by Housing and Community Development (HCD) and required
amendment, the Group Home Technical Advisory Memorandum, and Emergency
Shelter.
Council Member Calvin asked PlaceWorks if there would be new laws in the state
regarding the Housing Element that could cost the city more money.
Mark Hoffman explained that once the Housing Element is adopted and rezoned, any
new laws would not affect the city because the Housing Element would be considered
compliant.
Woody Allen, PlaceWorks, stated that the any additional cost would only be added if
PlaceWorks did not receive what is required from the city and their work is delayed.
RESULT: APPROVED STAFF’S RECOMMENDATION [4-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Figueroa, Shorett, Calvin
NOES:Sandra Ibarra
ABSENT:Ben Reynoso, Damon Alexander
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, May 1,
2024, at 10:22 p.m., in memory of Aaron Michael Mlynarski, a member of the
community.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, May 15, 2024, in the Council Chamber located at 555 West 6th Street,
San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open
Session will begin at 5:00 p.m.
By:_________________________
Genoveva Rocha, CMC
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Genoveva Rocha, City Clerk
Department:City Clerk
Subject:Notice and Call of the General Municipal Election Run-
Off (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, take the following actions to conduct the General Municipal Run-Off Election
on Tuesday, November 5, 2024:
1. Adopt Resolution No. 2024-118 calling for the holding of a General Municipal
Election to be held on Tuesday, November 5, 2024, for the election of certain
officers as required by the provisions of the San Bernardino City Charter;
2. Adopt Resolution No. 2024-119 requesting the Board of Supervisors of the
County of San Bernardino consolidate a General Municipal Election to be held
on Tuesday, November 5, 2024, with the Statewide General Election to be held
on the same date pursuant to section 10403 of the Elections Code;
3. Adopt Resolution No. 2024-120 adopting regulations for Candidates for elective
office pertaining to candidate statements submitted to the voters at an election
to be held on Tuesday, November 5, 2024.
Executive Summary
Adopt the resolutions associated with the City of San Bernardino November 5, 2024,
General Election calling the Election, requesting the consolidation of the Election with
the Statewide General, and regulations for candidate statement.
Background
Pursuant to Article 8, Section 800, of the City Charter, the primary and general
municipal election shall be held in said City in consolidation with the State Primary
Election and the State General Election and every two (2) years thereafter. City
elections shall follow the provisions and procedures of the State Elections Code as
applicable to general law cities.
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The City participated in the statewide Primary Election on March 5, 2024. The election
results were provided to City staff on April 5, 2024, from the County of San Bernardino
Registrar of Voters.
The following offices were subject to election in the March 2024 Primary Election:
•Third Ward Council Member
•Fifth Ward Council Member
•Sixth Ward Council Member
•Seventh Ward Council Member
As the result the following offices are subject to a run-election in November:
•Fifth Ward Council Member
•Seventh Ward Council Member
Discussion
Pursuant to Section 10400 of the Election Code, the Mayor and City Council of the City
of San Bernardino must request that the Board of Supervisors of the County of San
Bernardino consolidate the City’s municipal election with the consolidated Statewide
General Election to be held on Tuesday, November 5, 2024. Further, the County
requires a resolution from the City of San Bernardino authorizing the San Bernardino
County Registrar of Voters to conduct the election and canvass the returns. The
County will provide most of the election services. The City Clerk will be responsible for
providing and transmitting the necessary documents to the County to hold the election
and provide for receipt of all candidates’ statements and related documents, including
dissemination of information to prospective candidates. The candidate nomination
period will begin on Monday, July 15, 2024, and will end on Friday, August 9, 2024.
Results to the general election shall be certified by the Mayor and City Council of the
City of San Bernardino.
Pursuant to section 103307 and 13308 of the California Elections Code each
Candidate for nonpartisan elective office in any local agency, including any city, county,
city and county, or district, may prepare a candidate’s statement with the name, age,
and occupation of the candidate and a brief description, of no more than 200 words, of
the candidate’s education and qualifications expressed by the candidate himself or
herself. However, the governing body of the local agency may authorize an increase
in the limitations on words for the statement from 200 to 400 words. The statement
shall not include the party affiliation of the candidate, nor membership or activity in
partisan political organizations. The statement shall be limited to a recitation of
candidate’s own personal background and qualifications and shall not in any way make
reference to other candidates for that office or to another candidate’s qualifications,
character, or activities. The Mayor and City Council can direct staff to increase the
number of words in the statement from 200 to 400 words.
Approval from the Mayor and City Council will result in the scheduling of the General
Municipal Election on Tuesday, November 5, 2024, for two (2) Members of the City
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Council for Wards 5 and 7, to the voters of the City.
As the City’s Election Office, the City Clerk is to be directed to publish a notice of the
general election which shall contain the following:
A. The time of the election.
B. The offices to be filled, specifying full or short term.
C. The hours the polls will be open.
2021-2025 Strategic Targets and Goals
Adopting the Resolutions associated with the 2024 General Election aligns with Key
Strategic Target Goal No. 1a: Establish a clear policy direction and predictable
organization structures.
Fiscal Impact
There is no fiscal impact with this item. As the election develops, any impact to the
General Fund will be brought forward for Council consideration and approval.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, take the following actions to conduct the General Municipal Election on
Tuesday, November 5, 2024:
1. Adopt Resolution No. 2024-118 calling for the holding of a General Municipal
Election to be held on Tuesday, November 5, 2024, for the election of certain
officers as required by the provisions of the San Bernardino City Charter;
2. Adopt Resolution No. 2024-119 requesting the Board of Supervisors of the
County of San Bernardino consolidate a General Municipal Election to be held
on Tuesday, November 5, 2024, with the Statewide General Election to be held
on the same date pursuant to section 10403 of the Elections Code;
3. Adopt Resolution No. 2024-120 adopting regulations for Candidates for elective
office pertaining to candidate statements submitted to the voters at an election
to be held on Tuesday, November 5, 2024.
Attachments
Attachment 1 Resolution No. 2024-118 – Noticing and Calling the
General Election Municipal Election
Attachment 2 Resolution No. 2024-119 – Requesting to Consolidate the
General Election with the County Board of Supervisors
Statewide General Election
Attachment 3 Resolution No. 2024-120 – Establishing a Candidate
Statement Policy
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Resolution No. 2024-118
Resolution 2024-118
June 5, 2024
Page 1 of 3
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RESOLUTION NO. 2024-118
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
SAN BERNARDINO CITY CHARTER
WHEREAS, under the provisions of the San Bernardino City Charter, a General
Municipal Election shall be held on November 5, 2024, for the purpose of a run-off election to
elect Members of the City Council from Wards 5 and 7 for the full term of four years.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. That pursuant to the requirements of the San Bernardino City Charter, there
is called and ordered to be held in the City of San Bernardino, California, on Tuesday, November
5, 2024, a General Municipal Election for the purpose of a run-off election to elect Members of
the City Council from Wards 5 and 7 for the full term of four years.
SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with
the County of San Bernardino to procure and furnish any and all official ballots, notices, printed
matter and all supplies, equipment and paraphernalia that may be necessary in order to properly
and lawfully conduct the election.
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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
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Resolution No. 2024-118
Resolution 2024-118
June 5, 2024
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Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-118
Resolution 2024-118
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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. 2024-118, adopted at a regular meeting held on the 5th day of June 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 June 2024.
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-119
Resolution 2024-119
June 5, 2024
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RESOLUTION NO. 2024-119
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN BERNARDINO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of San Bernardino called a General Municipal
Election to be held on November 5, 2024, for the purpose of a run-off election to elect Members
of the City Council from Wards 5 and 7 for the full term of four years. and
WHEREAS, it is desirable that the General Municipal election be consolidated with
the Statewide General election to be held on the same date and that within the city the precincts,
polling places (vote centers) and election officers of the two elections be the same, and that the
county election department of the County of San Bernardino canvass the returns of the General
Municipal Election and that the election be held in all respects as if there were only one election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by
this reference.
SECTION 2. That pursuant to the requirements of § 10403 of the Elections Code, the
Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to
the consolidation of a General Municipal Election with the Statewide General election on Tuesday,
November 5, 2024, for the purpose of the election of two (2) Members of the City Council, for the
full term of four (4) years.
SECTION 3. That the county election department is authorized to canvass the returns
of the General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used. The election will be held and conducted in
accordance with the provisions of law regulating the statewide or special election.
SECTION 4. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for the holding of the consolidated
election.
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SECTION 5. That the City of San Bernardino recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for any
costs.
SECTION 6. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the county election department of the County of San
Bernardino.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
SECTION 8. 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 9. 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 10. 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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-119
Resolution 2024-119
June 5, 2024
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Approved as to form:
Sonia Carvalho, City Attorney
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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. 2024-119, adopted at a regular meeting held on the 5th day of June 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 June 2024.
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-120
Resolution 2024-120
June 5, 2024
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RESOLUTION NO. 2024-120
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024
WHEREAS, §13307 of the Elections Code of the State of California provides that the
governing body of any local agency adopt regulations pertaining to materials prepared by any
candidate for a municipal election, including costs of the optional candidate statement; and
WHEREAS, Section 13307(b) of the California Elections Code states that the Statement
of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing;
and
WHEREAS, the City Clerk is responsible for enforcing formatting requirements that
exceed those acceptable by the County and wishes to streamline the review process by imposing
limits relating to the format of candidate statements to block format, and prohibit Bolding,
Capitalized Words, Italics, and Underlining. The City Clerk has final sign-off and approval of all
candidate statements for elected city offices in accordance with state and local law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND
ORDER AS FOLLOWS:
SECTION 1.General Provisions. That pursuant to §13307 of the Elections Code of the
State of California, each candidate for elective office to be voted for at an Election to be held in
the City of San Bernardino on Tuesday, November 5, 2024, may prepare a candidate’s statement
on an appropriate form provided by the City Clerk. The statement may include the name, age and
occupation of the candidate and a brief description of no more than 200 words of the candidate’s
education and qualifications expressed by the candidate himself or herself. The statement shall
not include party affiliation of the candidate, nor membership or activity in partisan political
organizations. The statement shall be filed in typewritten form in the office of the City Clerk at
the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not
changed, during the period for filing nomination papers and until 5:00 p.m. of the next working
day after the close of the nomination period.
The City Clerk shall require each candidate filing a statement to pay a deposit in advance, as a
condition of having his or her statement included in the voters' pamphlet.
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SECTION 2. Foreign Language Policy.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all
languages required by the County of San Bernardino. The County is required to translate
candidate’s statements into the following languages: Spanish.
B. The County will print and mail sample ballots and candidate statements to all voters in English
and Spanish. The County will make the sample ballots and candidates statements in the required
languages available at all polling places, on the County’s website, and in the City Clerk’s
Department for the City of San Bernardino.
SECTION 3 Endorsements. It is the policy of the San Bernardino County Registrar of
Voters that any named individual or specific organization listed as an endorsement in a candidate
statement must be verified by the City Clerk of the City of San Bernardino as endorsing the
candidate prior to printing in the Voter Information Guide and Sample Ballot. Verification of the
endorsement must be in the form of a copy of a letter of endorsement, or in a direct
communication from the endorser to the City Clerk in the form of email or mailed
correspondence. All endorsements or verification of endorsements from an individual or
organization of a candidate must be submitted to the City Clerk no later than 5 PM on the last
day of the filing period for review and verification. The verified endorsements will then be
provided to the San Bernardino County Registrar of Voters.
SECTION 4. Payment.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidate’s statement
into any required foreign language as specified in (A) and/or (B) of Section 2 above
pursuant to Federal and\or State law.
2. The candidate shall be required to pay for the cost of translating the candidate’s statement
into any foreign language that is not required as specified in (A) and/or (B) of Section 2
above, pursuant to Federal and\or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidate’s statement
in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate’s statement
in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidate’s statement
in a foreign language requested by the candidate per (B) of Section 2 above, in the main
voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidate’s statement
in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the
candidate’s statements filed pursuant to this section, including costs incurred as a result of
complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a
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statement to pay in advance to the local agency his or her estimated pro rata share as a condition
of having his or her statement included in the voter’s pamphlet. An estimated payment is required,
and the estimate is just an approximation of the actual cost that varies from one election to another
election and may be significantly more or less than the estimate, depending on the actual number
of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may,
on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid
depending on the final actual cost. In the event of underpayment, the City Clerk may require the
candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall
prorate the excess amount among the candidates and refund the excess amount paid within 30 days
of the election.
SECTION 5.Miscellaneous.
A) All translations shall be provided by professionally certified translators.
B) The City Clerk shall comply with all recommendations and standards set forth by the
California Secretary of State regarding occupational designations and other matters relating to
elections.
SECTION 6 .Additional Materials. No candidate will be permitted to include additional
materials in the sample ballot package.
SECTION 7.That the City Clerk shall provide each candidate or the candidate’s
representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 8.That all previous resolutions establishing council policy on payment for
candidate statements are repealed.
SECTION 9.That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
SECTION 10. 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 5th day of June 2024.
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Resolution 2024-120
June 5, 2024
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Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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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. 2024-120, adopted at a regular meeting held on the 5th day of June 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 June 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Mary Alvarez-Gomez, Grants Division Manager
Department:City Manager's Office
Subject:Approve Contract Amendment No. 3 with Renne
Public Policy Group (RPPG) for Grant Writing
Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 3 to the agreement
between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend
and increase the agreement for grant consultation services for an amount not to
exceed $98,000 for the extension period of July 1, 2024 through June 30, 2025.
Executive Summary
Renne Public Policy Group has provided Grant Resource Development Services to the
City since May 2022. The amendment will provide continuity of grant writing services
through June 30, 2024.
Background
On December 14, 2021, the City of San Bernardino (“City”) released a Request for
Proposal for Grant Resource Development Services. The RFP closed on January 3,
2022. The bidder awarded was Renne Public Policy Group (RPPG). The Professional
Service Agreement (PSA) was executed for an amount not to exceed $46,000 for the
period of May 9, 2022 through December 1, 2022 to provide grant consultation services
to the City.
On November 2, 2022, Amendment No. 1 to PSA was approved to extend and increase
the agreement for a total contract amount not to exceed $96,250 for an additional 6-
month period, through June 30, 2023. No other provisions of the agreement were
changed.
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On June 21, 2023, Amendment No. 2 to PSA was approved to extend and increase
the agreement for a total contract amount not to exceed $182,250 for an additional 1-
year period, through June 30, 2024. No other provisions of the agreement were
changed.
Discussion
The City of San Bernardino (City) has engaged with RPPG over the past two years for
grant writing consultation services. RPPG meets monthly with staff to discuss potential
grant funding opportunities and supports researching minimum qualifications and
project specifications as needed, works with various staff to facilitate information
gathering to articulate the “San Bernardino story” and assists in the grant application
preparation. RPPG has assisted the City with 25 grant application submissions. To
date, 8 of the applications were successfully awarded totaling over $14M in grant
funds, and 6 applications are currently pending award results with potential for an
additional $7.9M in funds if awarded.
Approval of the extension will allow RPPG to continue supporting the City with grant
writing services. As of the writing of this report, the Grants Division is developing
applications for 9 grant opportunities with support from RPPG. To maximize success
in receiving grant awards RPPG’s services are crucial in the success of receiving
additional funding to meet the critical needs of the community. RPPG has hired staff
locally to assist in the development of grant applications and provides access to a team
of experienced grant writers with expertise in developing projects for parks,
infrastructure, economic development, and public safety drawing from their
professional backgrounds working in both the private and public sectors.
2021-2025 Strategic Targets and Goals
The proposed Amendment No. 3 to the Professional Service Agreement between the
City and RPPG aligns with Key Target Goal No. 1: Improved Operational and Financial
Capacity by supporting the City’s ongoing work to secure additional revenue sources.
Fiscal Impact
There is no impact to the General Fund. The operating budget for Fiscal Year 2024/25
will have sufficient funds available to fully fund the agreement.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 3 to the agreement
between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend
and increase the agreement for grant consultation services for an amount not to
exceed $98,000 for the extension period of July 1, 2024 through June 30, 2025.
Attachments
Attachment 1 – Amendment No. 3 to PSA – RPPG
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Ward:
All Wards
Synopsis of Previous Council Actions:
November 2, 2022 The Mayor and City Council authorized the first amendment
to the PSA with RPPG in an amount not to exceed $96,250.
June 21, 2023 The Mayor and City Council authorized the second
amendment to the PSA with RPPG in an amount not to
exceed $86,000 for a grand total amount of $182,250.
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICE AGREEMENT
WITH RENNE PUBLIC POLICY GROUP (RPPG)
This Amendment No. 3 to the Agreement for Grant Development Services is
made and entered into as of July 1, 2024 (“Effective Date”) by and between the City of
San Bernardino, a charter city and municipal corporation (“City”) and Renne Public Law
Group, DBA Renne Public Policy Group, a California Limited Liability Partnership
(“Consultant”). City and Consultant are hereinafter sometimes referred to individually as
a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement,
dated May 9, 2022, for the purpose of providing Grant Development Services (the
“Master Agreement”)
B. WHEREAS, the City and the Consultant have entered into an Amendment
No. 3 to the Master Agreement, dated July 1, 2024 for the purpose of amending the
Scope of Work, Compensation, and Term of 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 twelve (12)
months, 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. 3 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of twelve (12) months through June 30, 2025, unless earlier terminated.
3. Services. The services provided to the City is amended and detailed in
Exhibit “A-3”. Exhibit “A-3” is attached hereto and is added to the Master Agreement.
4. Compensation. The compensation for services performed pursuant to this
Amendment No. 3 shall not exceed NINETY-EIGHT THOUSAND DOLLARS ($98,000),
thereby the total not to exceed compensation of the Master Agreement to the amount of
TWO HUNDRED EIGHTY THOUSAND TWO HUNDRED FIFTY DOLLARS ($280,250).
Work shall be performed at the rates set forth in the Pricing Schedule in Exhibit “A-3”
attached hereto and added to the Master Agreement.
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5. Full Force. Except as amended by this Amendment No. 3, 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. 3.
6. Electronic Transmission. A manually signed copy of this Amendment No. 3
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. 3 for all purposes. This Amendment No. 3 may be signed using an
electronic signature.
7. Counterparts. This Amendment No. 3 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICE AGREEMENT
WITH RENNE PUBLIC POLICY GROUP (RPPG)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
3 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
RENNE PUBLIC LAW GROUP, DBA
RENNE PUBLIC POLICY GROUP
Signature
Johnathan V. Holtzman
Name
Founding Partner
Title
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EXHIBIT A-3
SCOPE OF SERVICES/PRICING SCHEDULE
The consultant will provide an all-inclusive service offering with no limit on the number of
grant submissions for a monthly retainer fee structure based on the monthly rate specified
within “Exhibit A-3.” RPPG will be available upon request for meetings with staff, Mayor
and City Council, strategic planning, capacity building activities, and on-call grant
research.
The Grant Resource Development Services will provide prompt professional services, on
an as needed basis for all assigned projects. The consultant will provide services in
accordance with the Implementation Plan below:
SCOPE OF SERVICES
July 1, 2024 – June 30, 2025
#Activity Duration/Frequency
1 Provide Grant Writing, Research, and Project
Management services to the City of San Bernardino.
Continuous
2a Notification of funding opportunities relevant to the
City’s priorities and needs.
Continuous
2b Review of funding opportunities upon staff request.Continuous
3 Send monthly Grant Activities Report to the City’s
designated point(s) of contact.
The first week of each
month
4 Attending monthly meetings with the City’s
designated point(s) of contact to track progress on
grant-seeking activities and review upcoming
opportunities.
1 hour, recurring monthly
5 Send Annual Report to the City’s designated point(s)
of contact.
Annually, in June of the
current contract period
6* Schedule and provide capacity building training
sessions for City staff (Maximum three times per
session per year).
Upon Request*
PRICING SCHEDULE
July 1, 2024 – June 30, 2025
The consultant will provide an all-inclusive service offering with no limit on the number of
grant submissions, strategic planning, capacity building activities, and on-call grant
research for a monthly retainer fee of $7,500.
Training Costs
Under Option 6, the Grant Literacy, Grant Writing, and Grant Management training will be
billed as an additional charge to the City. Each training will be billed at a rate of $1,250
per session, with a cap of three offerings per course (maximum cost of $7,500 annually).
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If the City requests the consultant travel to in-person meetings and events, the City will
reimburse the consultant for the cost of travel, in accordance with the City’s travel policy.
Mileage reimbursement will be based on the 2024 standard mileage rate set by the
Internal Revenue Service.
Per the City’s Travel Authority Policy, Direct Vendor Payments:
“Are made by the city to an organization to pay for specific costs related to a trip. These
are usually registration fees, lodging, or airfare and can be paid through accounts payable
or through the use of a City P-Card.”
Pricing Table
Description Unit of Measure Price
All-Inclusive Service Monthly Retainer $7,500
Estimated Total Monthly Retainer fees for 12 months
(July 1 -2024 – June 30, 2025)
$90,000
Training Per Course $1,250
Training is offered as requested. Each training will be billed at a rate of
$1,250 per session, with a cap of three offerings per course (Maximum
cost of $7,500 annually for the training series).
$7,500
Mileage Reimbursement
(2024 IRS Mileage Rate)
Per mile driven for business use
*For in-person meetings and events
$0.67
Estimated total reimbursement for travel to meetings and events $500
Total Estimated Cost: $98,000
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:City Manager's Office
Subject:Amendment No. 1 to the Professional Services
Agreement with Kosmont Real Estate Services (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize Amendment No. 1 to the Professional Services Agreement with
Kosmont Real Estate Services, a California Corporation, for Pre-Disposition Real
Estate Advisory/Due Diligence Services, extending the Agreement until June 21, 2025;
and authorize the City Manager to execute Amendment No. 1 with Kosmont Real
Estate Services.
Executive Summary
The recommended action will extend the term of the Professional Services Agreement
with Kosmont Real Estate Services, a California Corporation, for one additional year.
through June 21, 2025.
Background
The City is seeking real estate advisory services from Kosmont Realty, a California
Corporation, for the future disposition, sale, and development of the property located
at 295 Carousel Mall (Carousel Mall Property), as well as other potential City-owned
properties. These services would include initial property due diligence, assistance in
achieving Surplus Land Act (SLA) compliance, and assistance with any public-private
negotiations that may follow. Kosmont Realty is a licensed California brokerage firm
with extensive experience in property transactions between public agencies and
private parties. Additionally, Kosmont Realty is a partner with the League of California
Cities (of which the City is a member) and they have performed real estate advisory
services for many municipalities including Inglewood, Hollywood, Redondo Beach,
Norco, and Santa Ana.
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Discussion
Amendment No. 1 to The Professional Services Agreement (“Agreement”) will continue
to authorize Kosmont to perform pre-disposition real estate advisory and due diligence
services on City-owned properties and will maintain the original not-to-exceed contract
amount of $90,000. These advisory and due diligence services include evaluating the
marketability of City-owned properties, navigating the regulatory requirements of the
SLA for those properties, and assisting the City in evaluating the notices of interest that
are submitted in response to a Notice of Availability.
2021-2025 Strategic Targets and Goals
Amendment No. 1 to the Professional Services Agreement with Kosmont Companies
is consistent with Key Target No 1b: Continue to seek opportunities to secure long-
term revenue sources.
Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funding already
exists in the Professional Contractual Services budget for the City Manager’s Office.
The original not to exceed contract amount of $90,000 will remain in effect.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize Amendment No. 1 to the Professional Services Agreement with
Kosmont Real Estate Services, a California Corporation, for Pre-Disposition Real
Estate Advisory/Due Diligence Services, extending the Agreement until June 21, 2025;
and authorize the City Manager to execute Amendment No. 1 with Kosmont Real
Estate Services.
Attachments
Attachment 1 – Amendment No. 1 to the Professional Services Agreement
Attachment 2 – Professional Services Agreement with Kosmont Real Estate
Services
Ward:
All Wards
Synopsis of Previous Council Actions:
June 21, 2023 The Mayor and City Council approved a Professional Services
Agreement with Kosmont Real Estate Services for Real Estate
Advisory and Due Diligence Services.
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND KOSMONT REAL ESTATE SERVICES D/B/A KOSMONT REALTY
This Amendment No. 1 to the Professional Servies Agreement is made and
entered into as of June 5, 2024 (“Effective Date”) by and between the City of San
Bernardino (“City”) and Kosmont Real Estate Services / DBA Kosmont Realty
(“Consultant”). City and Consultant are sometimes referred to herein individually as a
“Party” and collectively as “Parties”.
RECITALS
A. WHEREAS, the City and Consultant have entered into an agreement
dated June 21, 2023, for consulting services related to Pre-disposition Real Estate
Advisory/Due Diligence Services (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement in
order to extend the term by twelve months (12), through June 21, 2025.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Original
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Term. The Original Agreement is hereby extended for an additional twelve
(12) months through June 21, 2025, unless earlier terminated.
3.Full Force. Except as amended by this Amendment No. 1, all provisions of
the Original Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
4.Electronic Transmission. A manually signed copy of this Amendment No.
1 which is transmitted by facsimile, email, or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
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5. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute am original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the effective date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
KOSMONT REAL ESTATE SERVICES
D/B/A KOSMONT REALTY
APPROVED BY:
Larry J. Kosmont, CRE
Chairman & CEO
ATTESTED BY:
Kelly Aguilar
Secretary
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department:Community Development and Housing
Subject:Amendment Number Nine to the Consulting Services
Agreement with Willdan Engineering for Plan Review,
Inspection, Stormwater Management, And Counter
Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 9 to the Consulting Services Agreement with
Willdan Engineering for Plan Review, Inspection, Stormwater Management, and
Counter Services.
Executive Summary
Willdan has submitted a proposal requesting a contract amendment to adjust the “as
needed” or required additional services hourly rate schedule, to current industry
standard costs. Per the agreement, the percentage of fee plan review will be charged
through three reviews including approval. Subsequent reviews, if required, will be
charged based on the hourly rate schedule.
Background
The Community Development and Housing Department strives to provide next-day
building inspection services and a 10-day turnaround on plan review services for all
projects. Due to the cyclic nature of construction activity and the broad expertise
necessary for the proper review of construction drawings, the City contracts with
outside companies for specialized plan reviews and inspection services related to
building and safety. These resources are needed to provide acceptable levels of
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service to the public.
On September 2, 2014, the Mayor and City Council approved the original Consultant
Services Agreement with Willdan Engineering, (Resolution 2014-327) to provide
building inspection and counter technician services to keep pace with the increase in
plan check submittals and building inspections requests. This agreement has been
amended multiple times to allow for on-going increases in development activities that
have occurred over the last 10 years. Since the last amendment to the agreement with
Willdan was approved, the Community Development and Housing Department
completed a Request for Proposal (RFP) to solicit interest from professional consulting
firms that provide on-call contract services related to building plan check, inspection,
and staffing services.
On August 18, 2021, the Mayor and City Council adopted Resolution No. 2021-
204, authorizing the City Manager to execute the eighth amendment to the Professional
Services Agreement between the City of San Bernardino and Willdan Engineering for
plan review, inspection, stormwater management and counter services, increasing the
contract by $650,000 for services rendered during FY 2020/21. This increase was
required to keep pace with increases in plan check submittals and building inspection
requests.
On that same meeting (August 18, 2021), the Mayor and City Council also adopted
Resolution No. 2021-205 approving the award of a three-year Professional Services
Agreements between the City and Willdan Engineering, the City and Interwest
Consulting Group and the City and 4Leaf to include two (2) one-year extension options
for plan check, building inspection and staffing services.
Discussion
Willdan’s proposed increase to the hourly rate schedule modifies the currently
established hourly rate in the executed agreement which has not been updated or
increased since 2014 when the first Professional Services Agreement was executed.
Exhibit “A” of Amendment Number Nine, to the Consulting Services Agreement with
Willdan, only addresses the hourly rate schedule. No other aspect of the agreement
is being amended. It should be noted that the proposed hourly rate schedule is
deemed additional services that are not part of the agreed percentage-based schedule
of services. This hourly rate schedule only applies as needed, specifically after the
third plan check.
2021-2025 Strategic Targets and Goals
The contract amendment is consistent with Key Target No. 1b: Improved Financial &
Operational Capacity - Implement, maintain, and update a fiscal accountability plan
and create a framework for spending decisions. Specifically, the hourly rate schedule
increase is being proposed to align with current 2024 industry cost standards for
subsequent plan check or plan review, only if it is required. Providing this service
improves customer service and facilitates economic growth.
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Fiscal Impact
There is no fiscal impact to the General Fund with this action. This amendment only
applies to the proposed hourly rate schedule increase in the current Professional
Services Agreement with Willdan. The fees are currently being paid by the applicant
and will continue to the paid by an applicant for a building permit plan check after the
third plan check by Willdan.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 9 to the Consulting Services Agreement with
Willdan Engineering for Plan Review, Inspection, Stormwater Management, and
Counter Services.
Attachments
Attachment 1 Amendment No. 9 of the PSA with Wildan Engineering
Attachment 2 PSA with Willdan Engineering
Attachment 3 Resolution 2021-204 & 2021-205 authorizing Amendment No. 8 with
Willdan Engineering
Attachment 4 Amendment No. 6 with Willdan Engineering
Attachment 5 Amendment No. 5 with Willdan Engineering
Attachment 6 Amendment No. 4 with Willdan Engineering
Attachment 7 Amendment No. 3 with Willdan Engineering
Attachment 8 Willdan Consultant Services Agreement 2014-366
Ward:
All Wards
Synopsis of Previous Council Actions:
September 2, 2014, Resolution 2014-327 approving a Consultant Services Agreement
with Willdan Engineering and CSG Consultants, Inc. to provide building inspection and
counter technician services to keep pace with the increase in plan check submittals
and building inspections requests. The Agreement also includes services for Plan
Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review,
Building Official and Counter Services not to exceed $355,000.00.
February 7, 2015, Resolution 2015-28 approving amendment two to increase the
contract amount of the Professional Services Agreement with Willdan Engineering by
$180,000.00 (increases the total amount of the agreement to $535,000.00).
March 21, 2016, Resolution 2016-51 approving amendment three to increase the
contract amount of the Professional Services Agreement with Willdan Engineering in
the amount not to exceed $705,000.00.
July 18, 2016, Resolution 2106-147 approving amendment four to increase the
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contract amount of the Professional Services Agreement with Willdan Engineering in
an amount not to exceed $835,000.00.
July 5, 2017, Resolution 2017-121 approving amendment five to increase the contract
amount of the Professional Services Agreement with Willdan Engineering in an amount
not to exceed $1,190,000.00.
June 5, 2019, Resolution 2019-151 approving amendment six to increase the contract
amount of the Professional Services Agreement with Willdan Engineering in an amount
not to exceed $1,500,000.00 for a term ending September 30, 2019, with two six-month
extensions.
October 7, 2020, Resolution 2020-247 approving amendment seven to the
Professional Services Agreement with Willdan Engineering for a period of six months
with an additional three months to cover any unforeseen circumstances.
On August 18, 2021, the Mayor and City Council of the City of San Bernardino,
California, Adopted Resolution No. 2021-204, authorizing the City Manager to execute
the eighth amendment to the Professional Services Agreement between the City of
San Bernardino and Willdan Engineering for plan review, inspection, stormwater
management and counter services, increasing the contract by $650,000 for services
rendered during FY 2020/21 required to keep pace with increases in plan check
submittals and building inspection requests (increases the total amount of the contract
to $2,150,000.00).
On August 18, 2021, the Mayor and City Council of the City of San Bernardino,
California, adopted Resolution No. 2021-205 approving the award of a three-year
Professional Services Agreements between the City of San Bernardino and Willdan
Engineering, the City of San Bernardino and Interwest Consulting Group and the City
of San Bernardino and 4Leaf to include two (2) one-year extension options for plan
check, building inspection and staffing services.
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AMENDMENT NUMBER NINE TO THE CONSULTING SERVICES AGREEMENT WITH
WILLDAN ENGINEERING FOR PLAN REVIEW, INSPECTION, STORMWATER
MANAGEMENT, AND COUNTER SERVICES
THIS AMENDMENT NUMBER NINE TO AGREEMENT is made and entered into this 5th
day of June 2024, by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter
city (CITY) and WILLDAN ENGINEERING (CONSULTANT).
WITNESSETH:
WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services
Agreement on October 20, 2014;
WHEREAS, July 1st, 2021, the original amendment was amended; and
WHEREAS, this amendment represents the ninth amendment to the contract; and
WHEREAS, CITY and CONSULTANT seek by this Amendment to extend the term of
the agreement by one (1) year, with a possible additional one-year extension; and
WHEREAS, the extension will commence on July 1, 2024; and
WHEREAS, the amendment will also include an updated rate increase included as
Exhibit “A”.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1. Section 3.1 Term is hereby amended as follows "This Agreement shall commence
on the Effective Date and be extended by one (1) year, with a possible additional
one-year extension, unless the Agreement is previously terminated as provided for
herein."
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to
be executed by and through their respective authorized officers, as of the date first above
written.
CITY of SAN BERNARDINO WILLDAN ENGINEERING
Rochelle Clayton Patrick Johnson
Acting City Manager Director of Building & Safety
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Attest: Approved as to form:
Genoveva Rocha Sonia Carvalho
City Clerk City Attorney
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EXHIBIT “A”
Willdan has listed its percentage fee schedule for plan review services based on valuations and
hourly rates. Expedited plan review will be charged a 1.35 factor based on the building plan
review fee tables below. Percent of fee plan review will be charged through three reviews
including approval. Subsequent reviews, if required, will be charged based on our hourly rate
schedule.
BUILDING PLAN REVIEW WILLDAN PERCENTAGE
Valuation up to $999,000 65% of fees collected
Valuation of $1,000,000 - $5,000,000 60% of fees collected
Valuation of greater than $5,000,000 50% of fees collected
CIVIL PLAN REVIEW WILLDAN PERCENTAGE
All projects 60% of fees collected
SERVICE PROVIDED HOURLY RATE
Plan Check Engineer/Architect $140
ICC Certified Plans Examiner $125
CASp Services $135
Sr. Building Inspector $115
Building Inspector $ 95
Building Official $155
Permit Technician $ 65
Sr. Permit Technician $ 75
Administrative Assistance $ 60
Fire Plans Examiner $135
Fire Inspector $115
Rates will not increase through June 30, 2025. If the Agreement is extended beyond June 30, 2025,
Willdan may reserve the right to increase rates once per year per the Consumer Price Index for the San
Bernardino County area.
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ATTACHMENTS:
1. Original Consulting Agreement dated October 20, 2014
2. On call professional services agreement dated October 21, 2021
3. Amendment No. 3, dated March 21, 2016,
4. Amendment No. 4, dated July 18, 2016
5. Amendment No. 5, dated July 5, 2017
6. Amendment No. 6, dated June 5, 2019
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department:Community Development and Housing
Subject:2021-2029 Housing Element (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-121, providing direction to City staff to allow
projects with at least 20 percent or more units affordable to lower income individuals
through a by-right process per, Government Code Section 65583.2, Subdivisions (c),
(h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element to be
rezoned to accommodate the lower income Regional Housing Needs Allocation
(RHNA) and sites in Appendix A that were identified in the prior planning periods.
Executive Summary
This agenda item is a follow-up to the adoption of the 2021-2029 Housing Element to
establish Objectives 1.1(c) and (d) in Program 1.1 (RHNA Site Inventory) of the
adopted Housing Element as policy.
Background
On February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-035,
adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132)
under the California Environmental Quality Act, approving General Plan Amendment
24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-
50) Zones, and changing the General Plan Land Use Designation of specific parcels
to meet the City’s RHNA, and adopting and implementing the City of San Bernardino
2021-2029 Housing Element (General Plan – Chapter 3).
On March 6, 2024, the Mayor and City Council adopted Ordinance MC-1627, approving
Development Code Amendment 24-01 changing the Zoning District Classification of
specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA).
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Discussion
Following adoption of the 2021-2029 Housing Element and the associated rezonings,
staff submitted the Housing Element for a final of compliance. In review of the adopted
Housing Element, staff from the Department of Housing and Community Development
(HCD) determined that the Housing Element cannot be found in full compliance until
the City has completed all actions in Program 1.1 (RHNA Site Inventory). In their letter
dated May 10, 2024, HCD staff provided direction to the City to address this issue by
establishing, as policy, the requirements of Government Code Section 65583.2,
Subdivisions (h) and (i) to demonstrate that staff will permit owner-occupied and rental
multifamily uses by-right for developments in which 20 percent or more of the units are
affordable to lower-income households.
Through this action, no amendments to the adopted Housing Element will be required.
2021-2025 Strategic Targets and Goals
Development Code Amendment 24-01 aligns with Key Target Goal No. 4: Economic
Growth & Development; (b) Update the General Plan and Development Code by
establishing policy to implement actions taken through the adoption of the 2021-2029
Housing Element.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-121, providing direction to City staff to allow
projects with at least 20 percent or more units affordable to lower income individuals
through a by-right process per, Government Code Section 65583.2, Subdivisions (c),
(h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element to be
rezoned to accommodate the lower income RHNA and sites in Appendix A that were
identified in the prior planning periods.
Attachments
Attachment 1 Resolution No. 2024-121 (Policy Direction for Specific Residential
Development Projects)
Ward:
All Wards
Synopsis of Previous Council Actions:
On February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-035,
adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132)
under the California Environmental Quality Act, approving General Plan Amendment
24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-
50) Zones and changing the General Plan Land Use Designation of specific parcels to
meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and
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implementing the City of San Bernardino 2021-2029 Housing Element (General Plan
– Chapter 3).
On March 6, 2024, the Mayor and City Council adopted Ordinance MC-1627, approving
Development Code Amendment 24-01 changing the Zoning District Classification of
specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA).
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Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024
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RESOLUTION NO. 2024-121
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING A POLICY FOR THE PROCESSING OF
SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS
CONSISTENT WITH GOVERNMENT CODE SECTION
65583.2, SUBDIVISIONS (C), (H), AND (I).
WHEREAS, on February 21, 2024, the Mayor and City Council adopted Resolution No.
2024-035, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132)
under the California Environmental Quality Act, approving General Plan Amendment 24-01
establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and
changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional
Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino
2021-2029 Housing Element (General Plan – Chapter 3); and
WHEREAS, on March 6, 2024, the Mayor and City Council adopted Ordinance MC-1627,
approving Development Code Amendment 24-01 changing the Zoning District Classification of
specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, Government Code Section 65583.2 requires that specific residential
development projects shall be allowed through a by-right process on properties identified to
accommodate the City’s lower income RHNA.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 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 directs City staff to allow projects with
at least 20 percent or more units affordable to lower income individuals through a by-right process
per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on Table
4-5 of the 2021-2029 Housing Element which have been rezoned (MC-1627) to accommodate the
lower income RHNA and sites in Appendix A that were identified in the prior planning periods.
For this purpose, “by-right” means that the City shall not require a Conditional Use Permit,
Planned Unit Development Permit, or other discretionary review or approval that would constitute
a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources
Code.
SECTION 3.The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity described in this Resolution 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
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Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024
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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.The documents and materials associated with this Resolution and that
constitute the record of proceedings on which these findings are based are located at 290 North D
Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 5.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City
Council hereby declares that it would have adopted each section irrespective of the fact that any
one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024
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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
Resolution No. 2024-121, adopted at a regular meeting held at the 5th day of June 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
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Amendment No. 2 to the Professional Services
Agreement with SCI Consulting for Cannabis
Monitoring and Financial Audit Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 2 to the
Professional Services Agreement (PSA) with SCI Consulting, extending the PSA into
its fifth and final year for professional consulting services related to Cannabis
Monitoring and Financial Audit Services.
Executive Summary
The recommended action will approve the final option of the agreement with SCI
Consulting to provide professional consulting services related to cannabis pre-permit
issuance inspections, annual audits, regulatory compliance, and to ensure vendor
compliance with cannabis business tax reporting, remittance, and applicable laws,
extending the term of the PSA to January 31, 2025.
Background
The City of San Bernardino Municipal Code Chapter 5.10 establishes the regulations
and standards for Commercial Cannabis Business (CCB) activities within the City. The
City Council initially adopted Chapter 5.10 through Ordinance MC-1464 in March 2018.
In October 2018, the City Council amended Chapter 5.10 with Ordinance No. MC-
1503. The City Council then adopted Resolution 2018-227 to place Ordinance No. MC-
1503 on the November 2018 ballot for voter approval. In November 2018, the voters
approved Ordinance No. MC-1503.
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Under the City of San Bernardino Municipal Code, Chapter 5.10: to operate a
commercial cannabis business in the City, a person must obtain a valid CCB Permit
from the City and a valid license for the cannabis operation from the State of California
Department of Cannabis Control (SBMC, § 5.10.060). The City offers six types of
permits: cultivation; distribution; manufacturing; microbusiness; retail; and testing.
(SBMC, § 5.10.060). Chapter 5.10 currently caps the number of Commercial Cannabis
Business Permits that the City may issue at 17 retail and is unlimited for all other
license types.
The City of San Bernardino is responsible for overseeing the management and the
monitoring of all permitted commercial cannabis locations under Chapter 5.10 of the
City of San Bernardino Municipal Code as amended by Ordinance No. MC-1503.
The PSA with SCI was structured with an initial term of three (3) years and included
two (2) one year (1) extension options. The initial term of the PSA was set to expire on
January 30, 2023. The City has already exercised the first one-year extension option,
extending the PSA through January 31, 2024. Staff recommends that the City exercise
the second and final extension option, extending the PSA through January 31, 2025.
Discussion
Both parties have mutually agreed to continue the agreement beyond the current
January 31, 2024, expiration date while drafting the final amendment to extend the
term of the PSA through January 31, 2025. On February 1, 2024, the City received a
written request from SCI to extend the term of the PSA through December 31, 2024
(Attachment 2).
This will be the final extension option allowed under the terms of the PSA. SCI
Consulting has been instrumental in assisting the City in providing professional
consulting services related to the City-wide Cannabis Program. Amendment No. 2 to
the PSA with SCI aims to ratify the extension periods in accordance with the originally
agreed-upon terms and memorializes the written request to extend the PSA; extending
the PSA through December 31, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1. Improved Operational & Financial Capacity
and Goal No 4. Economic Growth & Development. The contract amendment and
extension will contribute to ensure that the City is clean and attractive while providing
the infrastructure designed for long-term economic growth.
Fiscal Impact
There is no fiscal impact associated with the recommended action. There is sufficient
funding within the proposed Fiscal Year 2024-2025 Operating Budget.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute Amendment No. 2 to the Professional
Services Agreement (PSA) with SCI Consulting, extending the PSA into its fifth and
final year for professional consulting services related to Cannabis Monitoring and
Financial Audit Services.
Attachments
Attachment 1 PSA with SCI Consulting Group
Attachment 2 Written Request from SCI Consulting Group
Attachment 3 Resolution No. 2020-111 - PSA with SCI Consulting
Ward:
All Wards
Synopsis of Previous Council Actions:
December 4, 2019 Mayor and City Council approved a Professional Services
Agreement with SCI Consulting Group
June 3, 2020 Mayor and City Council adopted Resolution No. 2020-111
executing a Professional Services Agreement with SCI Consulting for Cannabis
Monitoring and Audit Services.
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February 1, 2024
Stephanie Castro
Economic Development Project Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Re: Request for Extension of Cannabis Monitoring and Financial Audit Services Agreement
Dear Stephanie:
I am writing on behalf of SCI Consulting Group to formally request an extension of our existing
cannabis agreement with the City of San Bernardino. As our existing agreement has reached its
expiration, we are seeking a one-year extension, spanning from January 1, 2024, to December
31, 2024.
Thank you for considering our request. We look forward to the opportunity to continue our
collaborative efforts with the City of San Bernardino. I can be reached via e-mail at john.bliss@sci-
cg.com or on my cell phone at (707) 208-0940.
Sincerely,
John Bliss, P.E.
President, SCI Consulting Group
4745 Mangels Blvd.
Fairfield, CA 94534
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie A. Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Investment Portfolio Report for January, February, and
March 2024 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment January, February, and March 2024
reports.
Executive Summary
This action is to approve the Investment Portfolio. This is regular business of the Mayor
and City Council ensuring that the City invests in compliance with the Mayor and
Council approved Investment Policy.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance and Management Services will prepare, review, and present the City’s
Investment Portfolio Report and confirm that the portfolio is in compliance with the
City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the months ended January, February, and March 2024.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code section 53601, and there is sufficient cash flow
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from a combination of liquid and maturing securities, bank deposits, and income to
meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No.1: Improved Operational & Financial Capacity by implementing,
maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment
report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for January,
February, and March 2024.
Attachments
Attachment 1 Investment Portfolio Management Summary Report
January, February, and March 2024.
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Jeannie Fortune, Interim Director of Finance and Management
Services
Department:Finance & Management Services
Subject:Resolutions updating the Bank and Investment
Account Signature Authority (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, and the Mayor and City Council of the City of San Bernardino, California
acting in its capacity as the Successor Agency to the former Redevelopment Agency
of the City of San Bernardino adopt the attached Resolutions updating the City’s and
Successor Agency’s bank and investment account signature authority.
Executive Summary
With the recent organizational changes in the City’s personnel and organizational
structure, it is necessary to update the signature authority on all City and Successor
Agency bank and investment accounts.
Background
The City and Successor Agency must update bank and investment account signature
authorizations on file with the various financial institutions that hold City and Successor
Agency funds as personnel and organizational changes occur.
Discussion
Most banking institutions require approval from the organizations’ governing body
through the adoption of a resolution and/or minutes from the meeting showing adoption
and approval.
The City and Successor Agency have cash, investments, and other funds required to
be held by fiscal agents in the following institutions:
1. Wells Fargo Bank, City;
2. Wells Fargo Bank, Successor Agency;
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3. U.S. Bank, City;
4. U.S. Bank, Successor Agency;
5. BNY (Bank of New York) Mellon, City;
6. BNY (Bank of New York) Mellon, Successor Agency;
7. Citizens Business Bank, Successor Agency; and
8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to
participate in a major portfolio through the State Treasurer’s Office.
Resolutions (No. 2024-122 through 2024-130) have been prepared for the various
banking and investment accounts to implement the changes in signature authority.
Following approval by the Mayor and City Council of the City of San Bernardino,
California, and approval by the Mayor and City Council acting in its capacity as the
Successor Agency to the former Redevelopment Agency of the City of San Bernardino,
staff will forward all appropriate resolutions to each affected banking institution.
In addition, as stated in the City’s current Investment Policy, the Director of Finance is
charged with responsibility of carrying out all investment actions, which may include
day-to-day investment activities or the utilization of external investment advisor
services to assist with the investment program.
As such, in April-2021 the City authorized the services of the following broker/dealers
to aid in day-to-day investment activities. Resolution (#9) has been prepared to
authorize City designated personnel to carry out investment activities through the use
of the following broker/dealers:
i. Cantor Fitzgerald;
ii. Higgins Capital Management;
iii. Raymond James; and
iv. Stifel.
2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolutions align with Key Target No. 1: Improved
Financial & Operational Capacity by ensuring that the financial and administrative
requirements to continue day-to-day operations in the Finance department are
completed and kept up to date.
Fiscal Impact
There is no fiscal impact associated with adopting the attached Resolutions.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, and the Mayor and City Council of the City of San Bernardino, California
acting in its capacity as the Successor Agency to the former Redevelopment Agency
of the City of San Bernardino adopt the attached Resolutions updating the City’s and
Successor Agency’s bank and investment account signature authority.
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Attachments
1. Resolution No. 2024-122- Wells Fargo Bank, City
2. Resolution No. 2024-123- Wells Fargo Bank, Successor Agency
3. Resolution No. 2024-124- U.S. Bank, City
4. Resolution No. 2024-125- U.S. Bank, Successor Agency
5. Resolution No. 2024-126- BNY (Bank of New York) Mellon, City
6. Resolution No. 2024-127- BNY (Bank of New York) Mellon, Successor Agency
7. Resolution No. 2024-128- Citizens Business Bank, Successor Agency
8. Resolution No. 2024-129- Local Agency Investment Fund (LAIF), City
9. Resolution No. 2024-130– Authorized Brokers or Dealers for the City and
Successor Agency
Ward:
All Wards
Synopsis of Previous Council Actions:
05-01-2024 City Council approved Bank signatories of existing personnel at the
time.
11-01-2023: City Council approved Bank signatories of existing personnel at the
time.
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Resolution No. 2024-122
Resolution 2024-122
June 5, 2024
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RESOLUTION NO. 2024-122
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the
laws of the State of California; and
WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United
States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with
Wells Fargo Bank due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Deputy City
Manager, Interim Director of Finance and Management Services, and Director of Human Resources
as authorized signers on Wells Fargo Bank accounts; and
WHEREAS, Wells Fargo Bank requires the City of San Bernardino to adopt a corporate
resolution and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City
of San Bernardino with Wells Fargo Bank are hereby revoked.
SECTION 3. The authorized account signers on Wells Fargo Bank accounts are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this
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Resolution No. 2024-122
Resolution 2024-122
June 5, 2024
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Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-122
Resolution 2024-122
June 5, 2024
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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. 2024-122, adopted at a regular meeting held on the 5th day of June, 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
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Resolution No. 2024-123
Resolution 2024-123
June 5, 2024
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RESOLUTION NO. 2024-123
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE
SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AUTHORIZING SIGNATORIES FOR
WELLS FARGO BANK ACCOUNTS FOR THE
SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San
Bernardino (“Successor Agency”) is a public agency established under the laws of the State of
California; and
WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United
States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Wells
Fargo Bank due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the Acting City
Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director
of Human Resources as authorized signers on Wells Fargo Bank accounts; and
WHEREAS, Wells Fargo Bank requires the Successor Agency to adopt a corporate
resolution and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the
Successor Agency with the Wells Fargo Bank are hereby revoked.
SECTION 3. The authorized account signers on Wells Fargo Bank - Successor Agency’s
accounts are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
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Resolution No. 2024-123
Resolution 2024-123
June 5, 2024
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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf
of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on
behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and
signed by the Mayor and attested by the City Clerk this 5th day of June, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-123
Resolution 2024-123
June 5, 2024
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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. 2024-123, adopted at a regular meeting held on the 5th day of June, 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
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Resolution No. 2024-124
Resolution 2024-124
June 5, 2024
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RESOLUTION NO. 2024-124
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR U.S. BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the
laws of the State of California; and
WHEREAS, U.S. Bank is a federally chartered bank under the laws of the United States;
and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with
U. S. Bank due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Deputy City
Manager, Interim Director of Finance and Management Services, and Director of Human Resources
as authorized signers on U.S. Bank accounts; and
WHEREAS, U.S. Bank requires the City of San Bernardino to adopt a corporate resolution
and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City
of San Bernardino with U.S. Bank are hereby revoked.
SECTION 3. The authorized account signers on U.S. Bank accounts are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
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Resolution No. 2024-124
Resolution 2024-124
June 5, 2024
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covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-124
Resolution 2024-124
June 5, 2024
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6
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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. 2024-124, adopted at a regular meeting held on the 5th day of June 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
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Resolution No. 2024-125
Resolution 2024-125
June 5, 2024
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RESOLUTION NO. 2024-125
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE
SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AUTHORIZING SIGNATORIES FOR U.S.
BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San
Bernardino (“Successor Agency”) is a public agency established under the laws of the State of
California; and
WHEREAS, U.S. Bank is a federally chartered banks under the laws of the United States;
and
WHEREAS, the Successor Agency needs to update its signatories periodically with U. S.
Bank due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the Acting City
Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director
of Human Resources as authorized signers on U.S. Bank accounts; and
WHEREAS, U.S. Bank requires the Successor Agency to adopt a corporate resolution and
authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the
Successor Agency with U.S. Bank are hereby revoked.
SECTION 3. The authorized account signers on U.S. Bank - Successor Agency’s accounts
are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
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Resolution No. 2024-125
Resolution 2024-125
June 5, 2024
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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf
of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on
behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and
signed by the Mayor and attested by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 749
Resolution No. 2024-125
Resolution 2024-125
June 5, 2024
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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. 2024-125, adopted at a regular meeting held on the 5th day of June, 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. 750
Resolution No. 2024-126
Resolution 2024-126
June 5, 2024
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RESOLUTION NO. 2024-126
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR BANK OF NEW YORK (BNY)
MELLON BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the
laws of the State of California; and
WHEREAS, BNY Mellon Bank is a federally chartered bank under the laws of the United
States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with
BNY Mellon Bank due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Deputy City
Manager, Interim Director of Finance and Management Services, and Director of Human Resources
as authorized signers on BNY Mellon Bank accounts; and
WHEREAS, BNY Mellon Bank requires the City of San Bernardino to adopt a corporate
resolution and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City
of San Bernardino with BNY Mellon Bank are hereby revoked.
SECTION 3. The authorized account signers on BNY Mellon Bank accounts are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this
Packet Page. 751
Resolution No. 2024-126
Resolution 2024-126
June 5, 2024
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Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 752
Resolution No. 2024-126
Resolution 2024-126
June 5, 2024
Page 3 of 3
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8
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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. 2024-126, adopted at a regular meeting held on the 5th day of June, 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. 753
Resolution No. 2024-127
Resolution 2024-127
June 5, 2024
Page 1 of 3
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RESOLUTION NO. 2024-127
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE
SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AUTHORIZING SIGNATORIES FOR
BANK OF NEW YORK (BNY) MELLON BANK
ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San
Bernardino (“Successor Agency”) is a public agency established under the laws of the State of
California; and
WHEREAS, BNY Mellon is a federally chartered bank under the laws of the United States;
and
WHEREAS, the Successor Agency needs to update its signatories periodically with BNY
Mellon due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the Acting City
Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director
of Human Resources as authorized signers on BNY Mellon’s bank accounts; and
WHEREAS, BNY Mellon requires the Successor Agency to adopt a corporate resolution
and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the
Successor Agency with BNY Mellon Bank are hereby revoked.
SECTION 3. The authorized account signers on BNY Mellon - Successor Agency’s accounts
are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Page. 754
Resolution No. 2024-127
Resolution 2024-127
June 5, 2024
Page 2 of 3
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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf
of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency
to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and
attested by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor City
of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 755
Resolution No. 2024-127
Resolution 2024-127
June 5, 2024
Page 3 of 3
4
8
6
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. 2024-127, adopted at a regular meeting held on the 5th day of June, 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. 756
Resolution No. 2024-128
Resolution 2024-128
June 5, 2024
Page 1 of 3
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RESOLUTION NO. 2024-128
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR CITIZENS BUSINESS BANK ACCOUNTS
FOR THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San
Bernardino (“Successor Agency”) is a public agency established under the laws of the State of
California; and
WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the
United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with
Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities;
and
WHEREAS, the Board of Directors of the Successor Agency designates the Acting City
Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director
of Human Resources as authorized signers on Citizens Business Bank accounts; and
WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate
resolution and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the
Successor Agency with Citizens Business Bank are hereby revoked.
SECTION 3. The authorized account signers on Citizens Business Bank - Successor
Agency’s accounts are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Page. 757
Resolution No. 2024-128
Resolution 2024-128
June 5, 2024
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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Any two of the individuals named as authorized signers acting on behalf
of the Successor Agency, are authorized to sign checks on behalf of the Agency.
SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf
of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on
behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and
signed by the Mayor and attested by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 758
Resolution No. 2024-128
Resolution 2024-128
June 5, 2024
Page 3 of 3
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8
6
6
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. 2024-128, adopted at a regular meeting held on the 5th day of June, 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. 759
Resolution No. 2024-129
Resolution 2024-129
June 5, 2024
Page 1 of 3
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6
7
RESOLUTION NO. 2024-129
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR THE LOCAL AGENCY
INVESTMENT FUND (LAIF) BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the
laws of the State of California; and
WHEREAS, the Local Agency investment Funds (LAIF) was established by Chapter 730,
Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not
needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of
the City. The State Treasurer will invest such funds as part of a pooled money investment account I
order to derive the maximum rate of return possible; and
WHEREAS, the Local Agency investment Funds (LAIF) is an authorized investment under
the City’s investment policy and under Government Code Section 53600; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with
LAIF due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Deputy City
Manager, Interim Director of Finance and Management Services, and Director of Human Resources
as authorized signers on LAIF accounts; and
WHEREAS, authorized signers will have the authority to deposit and withdraw funds with
LAIF on behalf of the City; and
WHEREAS, deposits may only come from, and withdrawals may only be made by
designated authorized signers on the account.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City
of San Bernardino with the Local Investment Agency Fund are hereby revoked.
SECTION 3. The authorized account signers on LAIF accounts are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Packet Page. 760
Resolution No. 2024-129
Resolution 2024-129
June 5, 2024
Page 2 of 3
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Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Interest payments, withdrawals, and matured investments may only be
transferred to an account of the City or paid by written demand to the City.
SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 761
Resolution No. 2024-129
Resolution 2024-129
June 5, 2024
Page 3 of 3
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8
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. 2024-129, adopted at a regular meeting held on the 5th day of June, 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. 762
Resolution No. 2024-130
Resolution 2024-130
June 5, 2024
Page 1 of 3
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8
RESOLUTION NO. 2024-130
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES
FOR THE BROKER/DEALER ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the
laws of the State of California; and
WHEREAS, the following firms are approved broker/dealers registered with the U.S.
Securities and Exchange Commission: (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c)
Raymond James Financial Services, Inc.; (d) Stifel; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with
the brokers/dealers above due to changes in City staff or changes in staff duties and responsibilities;
and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Deputy City
Manager, Interim Director of Finance and Management Services, and Director of Human Resources
as authorized signers on the above broker/dealer accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City
of San Bernardino with the following broker/dealers (a) Cantor Fitzgerald; (b) Higgins Capital
Management; (c) Raymond James Financial Services, Inc.; (d) Stifel are hereby revoked.
SECTION 3. The authorized account signers are as follows:
Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf
of the Successor Agency, is authorized to execute documents on behalf of the Agency.
SECTION 5. Interest payments, withdrawals, and matured investments may only be
transferred to an account of the City or paid by written demand to the City.
SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this
Packet Page. 763
Resolution No. 2024-130
Resolution 2024-130
June 5, 2024
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Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 764
Resolution No. 2024-130
Resolution 2024-130
June 5, 2024
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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. 2024-130, adopted at a regular meeting held on the 5th day of June, 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. 765
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Suzie H. Soren, Deputy City Manager;
Andrea E. Russell, Director of Human Resources & Risk
Management
Department:Human Resources & Risk Management
Subject:Amendments to Professional Services Agreements
for Legal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or their designee to execute:
1. Third Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et
al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206
2. Third Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.
City of San Bernardino, et al. US District Court Case No. CIVSB 2226731
Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices
and retain current legal counsel.
Background
Estate of Rob Marquise Adams, et al. v. City of San Bernardino
On July 18, 2022, the City entered into an agreement with Carpenter, Rothans &
Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to
represent the City in the Estate of Rob Marquise Adams, et al. v. City of San
Bernardino. Case No. 5:2022cv02206.
Packet Page. 766
On May 31, 2023, the City entered into the first amendment to the agreement for a total
not to exceed $100,000.
On January 23, 2024, the City entered into the second amendment to the agreement
for a total not to exceed $250,000.
Brian Pellis, et al. v. City of San Bernardino, et al.
On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya,
Ruud & Romo in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal
Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US
District Court Case No. CIVSB 2226731.
On October 17, 2023, the City entered into the first amendment to the agreement for a
total not to exceed $100,000.
On January 23, 2024, the City entered into the second amendment to the agreement
for a total not to exceed $250,000.
Discussion
Carpenter, Rothans & Dumont, LLP have worked on behalf of the City on the Estate of
Rob Marquise Adams, et al. v. City of San Bernardino matter. This case is now closed.
Increasing the not to exceed cap will fund all final pending invoices.
Atkinson, Andelson, Loya, Ruud and Romo have represented the City in the Brian
Pellis. v. City of San Bernardino matter. This case is still active. It is advisable to
maintain this firm as continued representation is essential to protect the City’s interest
and avoid unnecessary liability.
The proposed amendments to the contract amounts are as follows:
Case Firm Current Not-to-
Exceed Amount
Proposed Not-to-
Exceed Amount
Estate of Rob
Marquise Adams,
et al. v. City of San
Bernadino
5:2022cv02206
Carpenter,
Rothans
& Dumont
$250,000 $350,000
Brian Pellis, et al.
v. City of San
Bernardino, et al
CIVSB 2226731
Atkinson,
Andelson,
Loya, Ruud &
Romo
$250,000 $500,000
Packet Page. 767
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved
Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued
legal representation protects the City’s interest and avoids unnecessary liability.
Fiscal Impact
The total increase to the contracts is $350,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or their designee to execute:
1. Third Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et
al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206
2. Third Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.
City of San Bernardino, et al. US District Court Case No. CIVSB 2226731
Attachments
Attachment 1 – Exhibit A - Original Contracts
Attachment 2 – Exhibit B - Amended Contracts
Ward:
All Wards
Synopsis of Previous Council Actions:
January 23, 2024 The Mayor and City Council authorized the City Manager to
execute the First Amendment with Atkinson, Andelson, Loya,
Ruud and Romo for representation in the Brian Pellis, et al. v.
City of San Bernardino, et al Case No. CIVSB 2226731
January 23, 2024 The Mayor and City Council authorized the City Manager to
execute the First Amendment Carpenter, Rothans & Dumont
LLP for representation in the Estate of Rob Marquise Adams,
et al. v. City of San Bernardino Case No. 5:2022cv02206.
Packet Page. 768
1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of July 18th, 2022 by and between the City
of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, CA 92401 (“City ”), and Carpenter,
Rothans & Dumont, a California Limited Liability Partnership with its principal place of
business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071
(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes
referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A.City is a public agency of the State of California and is in need of
professional services for the following project; legal representation in all litigation
matters for an incident involving Robert Adams (hereinafter referred to as “the Project”.)
B.Consultant is duly licensed and has the necessary qualifications to provide
such services.
C.The Parties desire by this Agreement to establish the terms for City to
retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1.Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2.Services. Consultant shall provide the City with legal representation in all
litigation matters for the Project.
3. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that
may affect Consultant’s performance of this Agreement. Consultant further represents
that no City employee will provide any services under this Agreement.
4.Compensation.
a.Subject to paragraph 4(b) below, the City shall pay for such
services provided in Section 2.
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b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of ten thousand dollars ($49,999). All
attorney rates are set at two-hundred and twenty dollars ($225) per hour. This amount is
to cover all related costs, and the City will not pay any additional fees for printing
expenses. Consultant may submit invoices to City for approval. Said invoice shall be
based on the total of all Consultant’s services which have been completed to City’s sole
satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date
City receives said invoice. The invoice shall describe in detail the services performed
and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as “Additional Services” and
shall identify the number of the authorized change order, where applicable, on all
invoices.
5. Additional Work. If changes in the work seem merited by Consultant or
the City, and informal consultations with the other party indicate that a change is
warranted, it shall be processed in the following manner: a letter outlining the changes
shall be forwarded to the City by Consultant with a statement of estimated changes in
fee or time schedule. An amendment to this Agreement shall be prepared by the City
and executed by both Parties before performance of such services, or the City will not
be required to pay for the changes in the scop e of work. Such amendment shall not
render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and
continue through the completion of services unless the Agreement is previously
terminated as provided for herein (“Term
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City f or inspection and/or audit at mutually convenient times for a
period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt
and timely manner and shall commence performance upon receipt of written notice from
the City to proceed. Consultant shall complete the services required hereunder within
Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such
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circumstances include a Force Majeure Event. A Force Majeure Event shall mean an
event that materially affects the Consultant’s performance and is one or more of the
following: (1) Acts of God or other natural disasters occurring at the project site; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities
(including, without limitation, unreasonable and unforeseeable delay in the issuance of
permits or approvals by governmental authorities that are required for the services); and
(4) pandemics, epidemics or quarantine restrictions. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations
and orders, rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to
the other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in
obtaining and maintaining all permits required of Consultant by federal, sta te and local
regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services
or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner
consistent with the level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall
at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
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any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and
shall constitute grounds for termination. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates and
subconsultants as Consultant may deem appropriate to assist in the performance of
services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under
this section. In addition, Consultant shall not allow any subcontractor to commence
work on any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its
subconsultants’ policies of commercial general liability and automobile liability insurance
using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified
herein, Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall
be at least as broad as the following:
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Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; (3) products/completed operations liability; or (4)
contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed
officials, officers, employees, agents, and City-designated volunteers additional insured
status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or
endorsements providing the exact same coverage.
(vi) The general liability program may utilize either ded uctibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile
liability program may utilize deductibles, provided that such deductibles shall not apply
to the City as an additional insured, but not a self -insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self -insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under th is Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of
the Labor Code of the State of California and any acts amendatory thereof, and
Employer’s Liability Coverage in amounts indicated herein. Consultant shall r equire all
subconsultants to obtain and maintain, for the period required by this Agreement,
workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer's duty to
defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
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Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in
this section are not intended as a limitation on coverage, limits, or other requirement, or
a waiver of any coverage normally provided by any insurance. Any available coverage
shall be provided to the parties required to be named as Additional Insured pursuant to
this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or
qualified representative of the insurer and shall certify the names of the insured, any
additional insureds, where appropriate, the type and amount of the insurance, the
location and operations to which the insurance applies, and the expiration date of such
insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days
prior written notice of cancellation of any policy required by this Agreement, except that
the Consultant shall provide at least ten (10) days prior writte n notice of cancellation of
any such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability A dditional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary
insurance and that any insurance, self-insurance or other coverage maintained by the
City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims -
made policy with a retroactive date subsequent to the effective date of this Agreement.
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(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise
allowed to place insurance through surplus line brokers under applicable
provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said
insurance by the City, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or
is canceled and not replaced, City has the right but not the duty to obtain the insurance
it deems necessary and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
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k. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the
exact same coverage. If requested by Consultant, City may approve different scopes
or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to
any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant’s services, the Project , or this Agreement, including
without limitation the payment of all damages, expert witness fees, attorneys’ fees and
other related costs and expenses. This indemnification clause excludes Claims arising
from the sole negligence or willful misconduct of the City. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, the
City Council, members of the City Council, its employees, or authorized volunte ers.
Consultant’s indemnification obligation shall survive the expiration or earlier termination
of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that
term is defined under Civil Code section 2782.8), then, and only to the extent required
by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s
indemnification obligation shall be limited to the extent which the Claims arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant in the performance of the services or this Agreement, and, upon Consultant
obtaining a final adjudication by a court of competent jurisdiction, Consulta nt’s liability
for such claim, including the cost to defend, shall not exceed the Consultant’s
proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of
other requirements on certain “public works” and “maintenance” projects. If the
Services are being performed as part of an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with
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such Prevailing Wage Laws, if applicable. Consultant shal l defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure
to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant
and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections
1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the
duration of the Project and require the same of any subconsultants, as applicable. This
Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s so le responsibility to comply
with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of s tate
and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from
time to time, and shall require all subconsultants and sub -subconsultants to comply with
the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any
term of this Agreement, the action shall be brought in a state or federa l court situated in
the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days ’ written notice to
Consultant. In such event, City shall be immediately given title and possession to all
original field notes, drawings and specifications, written reports and other documents
produced or developed for that portion of the work completed a nd/or being abandoned.
City shall pay Consultant the reasonable value of services rendered for any portion of
the work completed prior to termination. If said termination occurs prior to completion of
any task for the Project for which a payment request has not been received, the charge
for services performed during such task shall be the reasonable value of such services,
based on an amount mutually agreed to by City and Consultant of the portion of such
task completed but not paid prior to said terminat ion. City shall not be liable for any
costs other than the charges or portions thereof which are specified herein. Consultant
shall not be entitled to payment for unperformed services and shall not be entitled to
damages or compensation for termination of work.
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b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred
by the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary,
and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the
City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that
an error or omission attributable to Consu ltant’s professional services occurs,
Consultant shall, at no cost to City, provide all other services necessary to rectify and
correct the matter to the sole satisfaction of the City and to participate in any meeting
required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current
employee of City to perform the work under this Agreement while this Agreement is in
effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and
become the property of the City.
27. Organization. Consultant shall assign Steven J. Rothans, as Project
Manager. The Project Manager shall not be removed from the Project or reassigned
without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only
the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
Los Angeles, California, 90071
Attn: Steven J. Rothans
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, sex,
age or other interests protected by the State or Federal Constitutions. Such non -
discrimination shall include, but not be limited to, all activities related to ini tial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
32. Entire Agreement. This Agreement represents the entire understanding of
City and Consultant as to those matters contained herein and supersedes and cancels
any prior or contemporaneous oral or written understanding, promises or
representations with respect to those matters covered hereunder. Each Party
acknowledges that no representations, inducements, promises, or agreements have
been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations
without the prior written consent of City. Any attempted assignment without such
consent shall be invalid and void.
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35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreement s
shall in no way be deemed a waiver of those rights to require such performance or
compliance. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought. The waiver of any right or remedy with respect to
any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way
affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any co mpany or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are fo rmally bound to the provisions of
this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16
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14
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.
IN WITNESS WHEREOF, the Parties 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
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16
STEVEN J ROTHANS
Partner
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FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated
May 31, 2023 is made and entered into by and between the City of San Bernardino (“City”) and
Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On July 18, 2022, the City and Consultant entered into a Services Agreement for
the provision of legal services pertaining to Estate of R. Adams v. City of San
Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP
(“Original Agreement”).
b. The City and Consultant now desire to increase the amount of the Original
Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount from
$49,999 to $100,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles McNeely
Its: City Manager
DocuSign Envelope ID: 113F7B81-FF36-4999-96FB-A3396330E6E1
June 1
06/02
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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement
dated January 23, 2024, is made and entered into by and between the City of San Bernardino
(“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth
below.
1. This Amendment is made with respect to the following facts and purposes:
a. On July 18, 2022, the City and Consultant entered into a Services Agreement for
the provision of legal services pertaining to Estate of R. Adams v. City of San
Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP
(“Original Agreement”).
b. On May 31, 2023 the city entered into the first amendment to the agreement for a
total not to exceed $100,000. (“First Admendment”)
c. The City and Consultant now desire to increase the amount of the Original
Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed the amount
from $100,000 to $250,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2024 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
DocuSign Envelope ID: E5FBBB2D-6432-4453-AF84-F1641804D73B
1/31/2024
1/31/2024
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EXHIBIT A
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This First Amendment (“First Amendment”) is entered into by and between the City of San
Bernardino, a charter city organized under the laws of the State of California (hereinafter the
“City”), and Atkinson, Andelson, Loya, Ruud & Romo, a Professional Corporation (hereinafter
the “Firm”) as of November 1, 2023. City and Firm are at times referred to individually as “Party”
and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated July 14,
2022 for the provision of legal services in connection with the case entitled Brian Pellis, et al. v.
City of San Bernardino, et al, San Bernardino County Case No. CIVSB 2226731 (“Original
Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not-
to-exceed cap.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties agree as follows:
1. Not-To-Exceed Cap. The $49,999.00 not-to-exceed cap identified in the Original
Agreement is hereby increased to $100,000.00.
2. Effect on Other Provisions. All other provisions of the Original Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
CITY FIRM
_____________________________ __________________________
Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner
DocuSign Envelope ID: B5D58773-7BE7-40E9-AF12-E308665D826D
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SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated
January 23, 2024, is entered into by and between the City of San Bernardino, and Atkinson,
Andelson, Loya, Ruud & Romo, a Professional Corporation (“Consultant”) as of the last date set
forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On July 14th 2022, the City entered into an agreement with Atkinson, Andelson,
Loya, Ruud & Romo in the amount of $50,000 pursuant to 3.04.085(A) of the
Municipal Code to represent the City Brian Pellis, et al. v. City of San Bernardino,
et al, Case No. CIVSB 2226731 (“Original Agreement”)
b. On November 1, 2023, the City entered into the second amendment to the
agreement for a total not to exceed $100,000.00 (“First Amendment”)
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $250,000.
3. Except as modified by this Second Amendment, all provisions of the Original Agreement
shall remain in full force and effect for the term thereof.
4. This Second Amendment may be executed in counterparts, each of which shall be deemed
an original, but which together shall constitute one and the same instrument.
Dated: _____, 2024 Atkinson, Andelson, Loya, Ruud & Romo
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
DocuSign Envelope ID: 45477BE0-EFF7-4422-869E-8F3B8E16D6E2
1/31/2024
2/21/2024
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CITY FIRM
_____________________________ __________________________
Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner
DocuSign Envelope ID: 45477BE0-EFF7-4422-869E-8F3B8E16D6E2
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THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARPENTER, ROTHANS & DUMONT, LLP
This Third Amendment (“Third Amendment”) to the Professional Services Agreement
dated June 5, 2024 is made and entered into by and between the City of San Bernardino (“City”)
and Carpenter, Rothans & Dumont LLP (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a.On July 18, 2022, the City and Consultant entered into a Services Agreement for
the provision of legal services pertaining to Estate of R. Adams v. City of San
Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP
(“Original Agreement”).
b.On May 31, 2023 the City entered into the first amendment to the agreement for a
total not to exceed $100,000. (“First Amendment”)
c.On January 23, 2024 the City entered into the second amendment to the agreement
for a total not to exceed $250,000. (“Second Amendment”)
d.The City and Consultant now desire to increase the amount of the Original
Agreement.
2.The Original Agreement is hereby amended to increase the total not to exceed amount from
$49,999 to $350,000.
3.Except as modified by this Third Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4.This Third Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: CARPENTER, ROTHANS & DUMONT, LLP
By: Steve Rothans,
Its: Partner
Dated: CITY OF SAN BERNARDINO
By: Rochelle Clayton
Its: Acting City Manager
Attachment B
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THIRD AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Third Amendment (“Third Amendment”) to the Professional Services Agreement
dated June 5, 2024 is made and entered into by and between the City of San Bernardino (“City”)
and Atkinson, Andelson, Loya, Rudd & Romo PC (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a.On July 14, 2022, the City and Consultant entered into a Services Agreement for
the provision of legal services pertaining to Brian Pellis, et al. v. City of San
Bernardino, et al., Case No. CIVSB2226731 (“Original Agreement”).
b.On November 1, 2023, the City entered into the first amendment to the agreement
for a total not to exceed $100,000. (“First Amendment”)
c.On January 23, 2024 the City entered into the second amendment to the agreement
for a total not to exceed $250,000. (“Second Amendment”)
d.The City and Consultant now desire to increase the amount of the Original
Agreement.
2.The Original Agreement is hereby amended to increase the total not to exceed amount from
$49,999 to $500,000.
3.Except as modified by this Third Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4.This Third Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: CITY OF SAN BERNARDINO
By: Rochelle Clayton
Its: Acting City Manager
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Andrea E. Russell, Director of Human Resources & Risk
Management
Department:Human Resources & Risk Management
Subject:Annual Renewal of the City’s Risk
Management Insurance Policies for FY 2024/25 (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the annual renewal of the City’s excess general liability insurance,
excess workers’ compensation insurance, crime insurance and cyber
insurance; and
2. Authorize the City Manager or designee to execute all related documentation.
Executive Summary
The City purchases insurance policies through Public Risk Innovation, Solutions, and
Management (PRISM), a member-directed risk sharing pool of public agencies
committed to providing risk coverage programs and risk management services, which
drive member stability, efficiency, and best practices. Staff is recommending renewing
insurance coverage for the specific policies noted below.
•Excess Workers’ Compensation Program
•General Liability 2 Program (GL2)
•Master Crime Program
•Cyber Liability Program
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Background
The City is one of the 70% of California cities that have pooled membership within
PRISM. Members within a pooled insurance plan typically experience lower rate
increases year-over-year as opposed to standalone coverage. PRISM seeks quotes
from both domestic and international markets in order to fill the program insurance
needs. When the final quote is selected, PRISM works with actuaries and underwriters
to determine the premium allocation for each member based on their individual loss
experience and exposure data.
The continued general liability hard market will again have negative impacts on the City
in 2024, and into the foreseeable future. The new normal of increased numbers of very
large general liability claims, continues to drive the cost of risk even higher and is
having a dramatic impact on the insurance market. The factors that continue to fuel the
increased claims costs are many and interrelated, but they all result in more and larger
claims, or frequency of severity. This is a wide-spread issue that particularly impacts
public entities, and PRISM members have contributed their fair share of large losses.
The increase in the number and size of extremely large losses over the last decade
are the main contributor. Starting around 2013-2014, large liability claims activity
increased significantly. Extremely large verdicts and the resulting increased settlement
values have had devastating impacts on the economics of liability claims. Claims that
previously had resolved in the $5M-$10M range started costing public entities and their
insurers $20M-$30M and higher. This increased frequency of severity turned out to be
an industry-wide trend. The trend has continued and even worsened in recent years.
An October 2023 Swiss Re Institute report notes that US liability costs have risen by
an annual average of 16% over the last five years (2018-2022).
Carriers who, in retrospect, had been pricing the exposure below these new loss costs
have been forced to take drastic action to protect their bottom line. These actions have
included:
•Withdrawing from the market altogether
•Reducing capacity (amount of limit carriers are willing to put at risk)
•Pushing for aggregate limits
•Restricting coverage through exclusionary language, and
•Dramatically increasing rates
While PRISM’s premiums will increase for 2024/25, the premiums are still less costly
than an entity would likely be faced with outside of PRISM. A testament to the
continued competitiveness of the Program are the new members that join PRISM each
year at considerable price savings compared to their other stand-alone or JPA options.
In addition to premium savings, the City enjoys broader coverage and avoid coverage
restrictions and limitations that are often quoted outside of PRISM.
The Excess Workers’ Compensation (EWC) market has its own set of problematic
issues to hurdle, some similar to excess liability and others unique to the workers’
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compensation (WC) system. While EWC is currently the more stable line of coverage,
the aging workforce, medical inflation, presumptions such as cancer, heart and post-
traumatic stress, and the pandemic have disrupted the WC environment.
While accident frequency in workers’ compensation has been steady to slightly
downward for several years due to loss prevention methods, claim severity continues
to trend upwards. This is especially true for catastrophic injury cases where the costs
are rising dramatically and predicting future costs continues to be challenging.
PRISM’s EWC Program size is an advantage. The size of the EWC Program creates
stability and offers economies of scale that could not be realized without being in a
large pool. Because of this, we have been able to secure unique reinsurance
agreements largely due to the Program’s premium volume.
Discussion
Excess Workers’ Compensation Program
The City purchases excess workers' compensation insurance to cover employees
if they are injured on the job. Coverage includes reimbursement for payments above
the City’s self-insured retention (SIR). This includes compensation for temporary
disability benefits at statutory rates, medical benefits, and some allocated expenses.
The City’s current excess workers’ compensation coverage cost is $553,696 and has
a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage.
Statutory coverage provides payment for claims up to the amount required by law,
without limits. The FY 2024/25 premium coverage is estimated not to exceed $714,000.
Program premium projections assume increases of 5% - 20%. The City is experiencing
a 16% premium increase when comparing last fiscal year’s not to exceed amount of
$602,000 to this year’s not to exceed amount.
Excess General Liability Program
The City purchases excess general liability insurance to protect against catastrophic
incidents such as: bodily injury, property damage, personal injury, public officials’ errors
and omissions liability, automobile liability and employment practices liability.
The City’s current excess general liability insurance coverage cost is $1,857,247 and
has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2024/25
premium for coverage is estimated not to exceed $2,415,000. Program premium
projections assume increases of up to 40%. The City is experiencing a 10% premium
increase when comparing last fiscal year’s not to exceed amount of $2,177,000 to this
year’s not to exceed amount.
Master Crime Program
The City purchases master crime insurance to protect against illegal acts committed
by employees while on the job including theft, forgery, inside premises (theft of money
and securities/robbery), computer fraud, money orders and counterfeit paper currency,
and outside premises.
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The City’s current master crime coverage cost is $13,827 and has a $2,500 self-
insured retention (“SIR”) with a limit of $15 million. The FY 2024/25 premium for
coverage is estimated not to exceed $15,900. Program premium projections assume
increases of 10% - 15%. The City is experiencing a 3% premium decrease when
comparing last fiscal year’s not to exceed amount of $15,500 to this year’s not to
exceed amount.
Cyber Liability Program
The City purchases cyber liability insurance for reimbursement coverage in response
to information security and privacy liability, website media content liability, cyber
extortion and first party data protection.
The City’s current policy cost is $30,496 and has a $100,000 SIR with a limit of $12
million. The FY 2024/25 premium for coverage is estimated not to exceed $45,700.
Program premium projections assume increases of 20% - 85%. The City is
experiencing an 8% premium decrease when comparing last fiscal year’s not to exceed
amount of $49,400 to this year’s not to exceed amount.
The following chart summarizes the City’s current actual cost for insurance coverage
to the maximum renewal estimates, assuming no changes to coverage, deductibles
and or retention. It is important to underscore that the actual premium paid year over
year do not typically reach the maximum estimated cost, therefore, it is highly likely
that the City will not experience the maximum percentage change.
Insurance Type FY 2023/24 Actual
Premium
FY 2024/25
Maximum
Estimated Cost
Maximum
Percentage
Change
Excess Workers’
Compensation
$553,696 $714,000 23%
Excess General
Liability
$1,857,247 $2,415,000 23%
Master Crime $13,827 $15,900 13%
Cyber Liability $30,496 $45,700 33%
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s various insurance policies aligns with Strategic
Target No. 1: Improved Operational and Financial Capacity, specifically, Goal e:
minimize risk and litigation exposure by maintaining sufficient coverage to provide
protection to the City.
Fiscal Impact
The financial impact to the City would not exceed $4,585,900. There is sufficient
funding included in the FY 2024/25 Operating Budget.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the annual renewal of the City’s excess general liability insurance, excess
workers’ compensation insurance, crime insurance and cyber insurance; and
2. Authorize the City Manager or designee to execute all related documentation.
Attachments
Attachment 1 - Insurance Renewal PowerPoint
Attachment 2 - 2023/24 Budget Estimates
Ward:
All Wards
Synopsis of Previous Council Actions:
June 7, 2023 The Mayor and City Council approved the annual renewal of the City’s
Property insurance, excess general liability insurance, excess workers’ compensation
insurance, crime insurance and cyber insurance.
June 15, 2022 The Mayor and City Council approved the annual renewal of the City’s
excess workers’ compensation, excess general liability insurance, crime insurance and
cyber insurance policies.
March 2, 2022 The Mayor and City Council adopted Resolution No. 2022-42, approving
the annual renewal of the City’s property insurance for a premium not to exceed
$1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023.
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2024-2025
Insurance Renewal
June 2024
City of
San Bernardino
(STATE OF THE MARKET INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES)
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2
Contents
2023 Summary of Coverage
2024 Summary of Coverage
General Liability
Excess Workers’ Compensation
Cyber
Crime
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2023 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 $1,857,247
Excess Workers’ Compensation Statutory $1,000,000 $553,696
Cyber $12,000,000 $100,000 $30,496
Crime $15,000,000 $2,500 $13,827
3
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2024 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 Estimated
$2,229,000 to $2,415,000
Excess Workers’ Compensation Statutory $1,000,000 Estimated
$694,000 to $714,000
Cyber $12,000,000 $100,000 Estimated
$33,500 to $45,700
Crime $15,000,000 $2,500 Estimated
$15,200 to $15,900
4
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Insurance Market
& Financial
Performance
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6
General Liability
Policy Year: July 1, 2024- July 1, 2025
Coverage Provided
•Bodily injury
•Personal injury
•Property damage
•Public Officials Errors and Omissions
•Employment Practices Liability
•Automobile Liability
Excess Limit: $25,000,000
Self Insured Retention: $5,000,000
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Increasing Impact on Liability Market
7
Reduced Capacity
reinsurer withdrawals
have been significant
over the past two years
Litigation Financing
continues to drive large
claims. Funding increased
$3.5B in 2022.
Plaintiff Attorney
Strategies
specialization and strategies
have evolved to get larger
verdicts and settlements.
Hyper Social Inflation
1.7b award given in
Missouri on October 31,
2023 for conspiring to
inflate real estate
commissions and will triple
to 5.3b under US antitrust
law.
Labor Shortage
everyone is doing
more with less
Reviver Legislation
Amendments
A rise in Sexual Abuse and
Molestation claims and
settlements
Law Enforcement
Increased focus on
policing policy and
procedures
as well as pressure
on Qualified Immunity
Auto Liability
Frequency & Severity of
losses has returned to
pre COVID figures
Underwriter Scrutiny
reinsurers are seeking to
grow prudently and are
maintaining a disciplined,
conservative underwriter
approach.
Inflation
Rising cost are increasing
the size of claims
Exclusions
continued restrictions
surrounding sexual abuse,
Wildfire Exclusions,
COVID, cyber, opioids,
man made chemicals
(PFAS) and Biometric
Identifiers (new focus)
Emerging Risk
New Technologies such as AI, Telematics, Biometrics and machine learning systems risks
are not fully understood given historical information
Environmental risks relative to climate change are substantial
Growing concerns around mental health impacts including impact on productivity,
access to care, medical inflation and the steady rise of healthcare costs
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8
Source: Risk and Uncertainty Management Center, Univ. of South Carolina, adapted from Verisk “Social Inflation” presentation (2020);
VerdictSearch. Figures are rounded to the nearest $1 million.
Source: VerdictSearch. Figures are rounded to the nearest $1 million
Social Inflation: Many Interrelated Causes, Difficult to Manage
INSURANCE CLAIM COSTS
Courts/Juries
Favoring
Plaintiffs
Increasing
Propensity
to Sue
Size of Jury
Awards
Aggressive
Plaintiff
Bar Ads
Litigation
Financing
Growing
Distrust of
Large Corps.
Changes in
Regulatory
and Legal
Environment
Dollar Value of Top 100 verdicts by cause of action, in millions.
TOP VERDICT CATEGORIES
Worker/workplace
Negligence
$30,844
Intellectual
property
$18,726
Products Liability
$13,131
Intentional Torts
$5,710
Motor Vehicle
$2,417
Employment
$2,404
Professional
Negligence
$2,255
Medical Malpractice
$1,553
Business Law
$1,332
Toxic Torts
$1,160
2022
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9
Excess Workers’
Compensation
Policy Year: July 1, 2024- July 1, 2025
The EWC Program provides the following special
coverage features:
•Volunteers included (subject to adoption of
resolution by employer prior to injury)
•No terrorism exclusion
•PRISM staff will coordinate a claims audit within
the first year of participation and/or change of
TPAs, and every two years thereafter
•Claims resources and oversight on the excess
reportable claims by highly experienced Claims
Specialists
•Legislative advocacy on key workers’
compensation bills
Excess Limit: Statutory
Self Insured Retention: $1,000,000
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Workers
Compensation
Leading Concerns
Investment Yield on Long Tail Coverage
Rate expectations: Account Specific
Wage Inflation’s impact on premiums &
Medical Expense Inflation
Underwriter Concerns: Per Occurrence
exposure to Cat loss
Remote Work: Out of State employees &
Impact on productivity and compliance
10
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11
Cyber
Policy Year: July 1, 2024- July 1, 2025
Coverage Provided
•Information Security and Privacy Liability
•Privacy Notification Costs
•Regulatory Defense and Penalties
•Website Media Content Liability
•Cyber Extortion
•First Party Data Protection
Limit: $12,000,000 aggregate limit of liability for each member
(aggregate for all coverages combined) subject to the
$80,000,000 program aggregate limit of liability for all
members combined
Self Insured Retention: $100,000
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12
State of the Cyber Market
Europe May Surpass the United States as the
Most Targeted Region for Ransomware
Ransomware continues to have a significant impact on
businesses across the globe. While reports show that the U.S.
is the country most targeted by ransomware attacks
worldwide,1 small indicators show that ransomware activity is
decreasing in the United States and growing in other regions.2
In Europe. the number of victims is increasing. and if that
increase continues. Europe will likely become the most
targeted region in 2023. The United States has been very
outspoken on policies, sanctions and the potential of a
response in the cyber domain concerning ransomware and
other attacks. However, it is hard to conclude if the more
aggressive stance on ransomware actually deters attacks.
More Attacks by Non-Organized Attackers
and Non-Nation State Attackers
In 2023 we expect to see more intrusions conducted by non-
organized attackers and non-nation state attackers. More of
the threat actors operating out of North America and Europe
will likely be younger, and conducting intrusion operations not
because they're interested in making money specifically, or
because governments have tasked them with doing it, but
because they want to be able to brag to their friends or boast
online that they've hacked into and brought embarrassment
to prominent organizations. While they will be happy to
achieve financial gain, that may not necessarily be
their lead motivation.
More Extortion, Less Ransomware
Historically, cyber criminals have used ransomware to
monetize access into a victim's network. Due to several high-
profile and visible breaches last year, organizations see
mitigating brand damage as a much more compelling reason
to pay a ransom than regaining access to encrypted systems.
Over the next year, we will continue to see criminals rely on
extortion, but actual ransomware deployments may decline.
Ransomware-as-a-service(RaaS) providers will modernize their
software to focus on data exfiltration and ‘leak sites' for
public shaming.
Clients with unfavorable controls will
see modifications to their program.
Carriers will exclude cyber extortion,
impose co-insurance, or exclude
coverages like computer hardware
replacement, and reputational loss.
Cyber Liability insurance providers
are requiring clients to have better
controls around cyber exposure.
Implementation of MFA is now
a requirement for most
insurance carriers.
Cyber liability pricing is beginning to
smooth out in terms of pricing.
We are now seeing carriers base
pricing on underwriting a specific
risk, rather than a broad-brush
approach to pricing which was
needed in the past to achieve carrier
profitability in this coverage line.
We are still seeing increases over
expiring for clients with losses, poor
cyber hygiene, or higher exposures.
We are seeing increases on average,
anywhere from 15-50% depending
on the particulars of a given risk.
Packet Page. 821
13
Crime
Policy Year: July 1, 2024- July 1, 2025
Coverage Provided:
Governmental Crime Policy on Discovery Form including:
•Employee theft including Faithful Performance of Duty
(Per Loss Coverage)
•Forgery or alteration including Credit, Debit or Charge
Card Forgery
•Inside premises - Theft of money and securities
•Inside premises - Robbery or safe burglary of other
property
•Computer fraud and funds transfer fraud
•Money orders and counterfeit paper currency
•Outside the premises
Limit: $15,000,000 each occurrence
Deductible per occurrence: $2,500
Packet Page. 822
Contact Your
Alliant Service Team
Robert Lowe
First Vice President
Robert.Lowe@Alliant.com
Kristen DesCombes
Associate Producer
Kristen.DesCombes@Alliant.com
Packet Page. 823
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM)
2024/25 Budget Estimates, February 2024
0
This second round of estimates have been prepared to further aid you in budgeting for the 2024/25
fiscal year. Since the initial version provided in October, we have updated the budget estimates to
reflect the estimated 2024/25 exposure information submitted via the renewal applications and losses
evaluated as of 6/30/2023. Estimates also include updated pool rates as approved by the
Underwriting and Executive Committee. Rates are still pending Board approval in March. The
estimates provided are intended to be conservative therefore we recommend you budget towards the
high end of the range. Included with the Budget Estimate Report is the Loss Performance Impact
Summary Report which will include your experience modification (Ex-Mod) chart and also include
information about Pool and Excess Loss Surcharge Credits and Debits.
If you are aware that you have had any substantial changes over the past 12 months, please contact
Sarah Bishop and a better estimate will be developed for you.
$85,371,039
$98,744,909
The Pool rates are updated and the Program is funded at an 80% Confidence Level, discounted at
3.75% for investment income. Increasing the discount from 3.5% to 3.75% provides some rate relief
to the members and positively impacts the Program’s Net Position. Pool rates are still pending the
PRISM's Board approval in March of 2024. Reinsurance/Excess Premiums are estimated with
assumptions applied at this time. Adminstrative costs and fees are also estimated. Members who
reported payroll exposure increases greater than 5% over last year, may see premium increases that
are higher than the range provided in October. If your agency has directed us to apply the 2022/23
payroll audit to your 2024/25 premium, it has been included in the total collection shown. If you have
decided to handle the payroll audit outside of the renewal premium, the estimated premium shown is
the estimated total collection.
Premium
$694,000 $714,000
Excess Workers' Compensation Program
2022/23 Estimated Payroll:
2023/24 Estimated Payroll:
to
$453,24122/23 Premium:
24/25 Estimated Premium:2024/25 Estimated Payroll:$105,416,651
22/23 Premium:
23/24 Premium:$553,696
Packet Page. 824
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM)
2024/25 Budget Estimates, February 2024
0
$61,537,617
$74,033,458
The liability, property, and cyber insurance markets have hardened in response to increased claims
costs. At this time, the GL2 program premium projections assume increases of up to 40%. Individual
member rate increases may differ from this range depending on their loss experience changes in
exposure, or other factors. The market based program allocation of premium will be evaluated and
approved by the GL2 Committee in the Spring.
Premium
$2,229,000 $2,415,000
General Liability 2 Program
2022/23 Estimated Payroll:
2023/24 Estimated Payroll:
to
$1,594,02222/23 Premium:
24/25 Estimated Premium:2024/25 Estimated Payroll:$78,045,281
22/23 Premium:
23/24 Premium:$1,857,247
$378,059,524
$191,405,925
The 2024/25 updated October (Version 1) premium budget estimates had an overall premium
increase of 25-45% for most members. This estimate is based on 2023/24 binding total insured
values (TIV) and did not take into consideration property schedule updates. The February premium
estimates are based on updated TIV as of November 29, 2023, and loss history. As indicated in the
initial budget estimates, members with adverse loss history and/or TIV increases between the initial
budget and the February budget may result in premium increases that are higher than the range
provided in October. Finally, large catastrophic events or economic downturn prior to the March 31,
2024 renewal could impact the property insurance marketplace, resulting in further hardening of the
market, potentially impacting the premium estimate.
We are continuing to recommend that you budget at the high end of the range provided. As noted
above, members with adverse loss history and/or increases in TIV may result in additional premium.
Premium
$2,082,000 $2,384,000
Property Program
2023/24 AR TIV:
2023/24 EQ TIV:
to
$1,402,36722/23 Premium:
24/25 Estimated Premium:
22/23 Premium:
23/24 Premium:$1,664,987
Packet Page. 825
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM)
2024/25 Budget Estimates, February 2024
0
The Master Crime Program is currently placed with AIG for the first $10M layer, Berkley for the $5M
excess of $10M layer, and Great American for the $5M excess of $15M layer. At this time we
recommend budgeting for a 10%-15% rate increase. Please note that exposure changes could
impact the premium.
For those members that do not currently purchase the optional $250,000 excess of $250,000
Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the
budget estimates if there is interest in applying for that coverage.
Premium
$15,200 $15,900
Master Crime Program
to
$13,42122/23 Premium:
24/25 Estimated Premium:
22/23 Premium:
23/24 Premium:$13,827
At this time, we recommend members with no paid or open claims, to budget for a 10% - 50% rate
increase. For members that have paid losses or open claims with the potential for paid losses,
please budget for a 20% - 85% rate increase. For members with significant losses and inadequate
security controls, the increase may be larger.
Premium
$33,500 $45,700
Cyber Liability Program
to
$29,88722/23 Premium:
24/25 Estimated Premium:
22/23 Premium:
23/24 Premium:$30,496
Packet Page. 826
2
0
5
3
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Ed Erjavek, Library Director
Department:Library
Subject:Library Internet Novation Agreement (All Wards)
Recommendation:
It is recommended the Mayor and City Council of the City of San Bernardino authorize
the City Manager or designee to execute a novation agreement between the Imperial
County Office of Education and the City of San Bernardino for internet access at city
libraries.
Executive Summary
The Library receives its internet access as it participates in the California State Library
Broadband Services Project. The state library selects a vendor to manage library
contracts and the financial process. The existing vendor Columbia
Telecommunications Corporation d/b/a CTC Technology and Energy (“CTC”) was the
Statewide Broadband Aggregator for the California State Library Broadband Services
Project. CTC provided notice of its intention to terminate its appointment and end its
responsibilities under the agreement as Statewide Broadband Aggregator on behalf of
the California State Library, effective as of December 31, 2023; and, as of January 1,
2024, the California State Library has appointed ICOE to assume the rights and
responsibilities and perform the functions of the Statewide Broadband Aggregator on
behalf of the California State Library.
Background
In 2017, the San Bernardino Public Library (SBPL) signed a five-year agreement with
Califa Group Inc. to join a consortium of public libraries in the state receiving internet
service as a group with the intent of obtaining the most speed for the best price.
On June 1, 2022, Mayor and City Council of the City of San Bernardino, California,
authorized the Library Director to execute an agreement between San Bernardino
Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the
Packet Page. 827
2
0
5
3
provision, installation and maintenance of advanced network (data) services;
The state-of-the-art service provides 1 Gigabit per second speed (Gbps) for each of
the City's public libraries.
Discussion
As of January 1, 2024, the California State Library has appointed ICOE to assume the
rights and responsibilities and perform the functions of the Statewide Broadband
Aggregator on behalf of the California State Library as defined by the terms of the
California Broadband Services Project program and that, upon said appointment, CTC
has ceased to perform those functions.
Parties execute this Agreement to novate the assumption of the duties under the
Original Agreement from CTC to ICOE: The Parties acknowledge and agree that
CTC, on behalf of the California State Library, has transferred and assigned its duties
and responsibilities of the Statewide Broadband Aggregator to ICOE pursuant to the
terms of the grant program administered by the California State Library.
The Original Agreement remains in full force and effect as between the City and ICOE
from the date of this Agreement, and that ICOE, on behalf of the California State
Library, will assume all rights and responsibilities of CTC under the Original
Agreement.
2021-2025 Strategic Targets and Goals
The execution of a novation agreement with the Imperial County Office of Education
aligns with Key Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact associated with the execution of a novation agreement with
the Imperial County Office of Education.
Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino authorize
the City Manager or designee to execute a novation agreement between the Imperial
County Office of Education and the City of San Bernardino for internet access at city
libraries.
Attachments
Attachment 1 – Library Internet Novation Agreement with ICOE
Attachment 2 – CTC Amendment #1 Complete
Attachment 3 – SBPL & CTC 6.1.22
Ward:
All Wards
Packet Page. 828
2
0
5
3
Synopsis of Previous Council Actions:
August 16, 2023 Mayor and City Council ratified the Library Director’s
execution of Amendment No. 1 to the agreement between
San Bernardino Public Library (SBPL) and Columbia
Telecommunications Corporation (CTC) for the provision,
installation, and maintenance of advanced network (data)
services; and authorized the Agency Director of
Administrative Services to approve a Fiscal Year 2023/24
purchase order in an amount not to exceed $84,000.
Packet Page. 829
1
NOVATION AGREEMENT BETWEEN
THE IMPERIAL COUNTY OFFICE OF EDUCATION,
and
SAN BERNARDINO PUBLIC LIBRARY
FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Novation,” is entered into as of _________________ by
and between the Imperial County Office of Education, hereinafter referred to as “ICOE,” and the San
Bernardino Public Library hereinafter referred to as “the Library.” ICOE and the Library are
sometimes referred to in this Novation individually as “Party” and collectively as “Parties.” All
written communications between the parties shall be addressed as follows unless and until amended in
writing by the respective party.
WHEREAS, California State Library appointed Columbia Telecommunications Corporation
d/b/a CTC Technology and Energy (“CTC”) as the Statewide Broadband Aggregator for the
California State Library Broadband Services Project; and
WHEREAS, CTC provided notice of its intention to terminate its appointment and end its
responsibilities under the agreement as Statewide Broadband Aggregator on behalf of the California
State Library, effective as of December 31, 2023.
WHEREAS, as of January 1, 2024, the California State Library has appointed ICOE to assume the
rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on
behalf of the California State Library as defined by the terms of the California Broadband Services
Project program and that, upon said appointment, CTC has ceased to perform those functions.
Now, Therefore, The Parties execute this Agreement to novate the assumption of the duties under
the Original Agreement from CTC to ICOE: The Parties acknowledge and agree that CTC, on
behalf of the California S tate Library, has transferred and assigned its duties and responsibilities
of the Statewide Broadband Aggregator to ICOE pursuant to the terms of the grant program
administered by the California State Library.
By signing this Amendment, the Library and ICOE agree that,
1. The Original Agreement is hereby amended to replace the reference to "CTC" with a new
reference to "ICOE." A copy of the Original Agreement between CTC and the San
Bernardino Public Library is attached hereto and incorporated herein by this reference.
2. The Original Agreement remains in full force and effect as between the Library and ICOE
from the date of this Agreement, and that ICOE, on behalf of the California State Library,
will assume all rights and responsibilities of CTC under the Original Agreement.
3. ICOE will perform the functions agreed to by C TC as set forth under the Original
Agreement, including all addenda, appendices , and subsequent amendments.
4. The Indemnification clause in the Original Agreement is amended to state:
Indemnification. The Library agrees to indemnify, defend and save harmless ICOE, its
officers, agents, and employees from any and all claims, losses, and liabilities accruing or
resulting to ICOE and any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials
or supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be injured
Packet Page. 830
2
or damaged by the Library in the performance of this Agreement, but only in proportion to and
in the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are
caused by or result from the negligent or intentional acts or omissions of the Library, its
officers, agents, or employees. ICOE agrees to indemnify, defend, and save harmless the
Library, its trustees, officers, agents, and employees from any and all liabilities accruing or
resulting to the Library and any and all contractors, subcontractors, suppliers, laborers and any
other person, firm or corporation furnishing or supplying work services, materials or supplies
in connection with the performance of this Agreement, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be injured or damaged by
ICOE in the performance of this Agreement, but only in proportion to and in the extent such
liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result
from the negligent or intentional acts or omissions of ICOE, its officers, agents, or employees.
5. This Agreement serves as written notice to the Library of this change in the Broadband
Aggregator duties and of the continued obligation by Library to comply with the terms and
conditions of the Original Agreement.
6. TERM OF THIS AGREEMENT. This Agreement ("Agreement") shall become effective
upon the execution by both parties hereto. This Agreement shall automatically renew on an
annual basis commencing on July 1 of each year unless either party provides the other party
with written notice of non-renewal at least sixty (60) days prior to the renewal date.
7. Insurance
(a) Each party shall obtain, pay for, and maintain in effect during the life of this Agreement a
Commercial General Liability insurance policy that includes coverage for Premises
Operations, Products/Completed Operations, Contractual, Independent Contractors, Broad
Form Property Damage, and Personal Injury; with a minimum combined single limit of
not less than $1,000,000 for Bodily Injury and Property Damage (each occurrence) and a
$2,000,000 aggregate.
(b) Nothing in this Insurance section shall reduce a party’s liabilities or obligations under the
Indemnification section of this Agreement.
(c) The Parties acknowledge that ICOE is permissibly self-insured under California law. A
waiver of subrogation will apply with respect to ICOE’s self-insurance.
(d) Upon request, each Party shall provide proof of insurance to the other Party.
(e) The Library will be named as additional insured with respect to general liability.
(f) Each Party shall obtain, pay for, and maintain in effect during the life of the Agreement,
workers compensation coverage as required by California Law. This requirement may be
met with a combination of insurance and/or self-insurance. A waiver of subrogation will
apply with respect to worker’s compensation coverage.
Address of Additional Insured:
City of San Bernardino. et al
290 N “D” St.
San Bernardino, CA 92401
Packet Page. 831
3
IN WITNESS WHEREOF, the parties hereto have caused this Novation Agreement to be executed by
their respective duly authorized representatives.
For San Bernardino Public Library
Signature
Name
Title
Date
For ICOE
Signature
Name
Title
Date
City of San Bernardino
By:
Rochelle Clayton
Acting City Manager
ATTEST:
By:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Packet Page. 832
6/30/2023
Packet Page. 833
Packet Page. 834
Items to Consider While Reviewing Quotes
•Pricing does NOT include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s
actual cost.
•If an Out of Band line is required, Associate must provide a phone line for OOB or allow CENIC to order one and be reimbursed for
both the one-time installation and ongoing monthly recurring costs.
•Annual Recurring Costs (ARC) items are invoiced annually.
•Non-Recurring Costs (NRC) items are one-time costs billed upon execution of contract.
•Monthly Recurring Costs (MRC) items are billed quarterly, first billing will occurr after handoff.
oE-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated.
oActual discount percentage will be identified by USAC at a later point. E-rate and CTF reimbursements are dependent upon the
continued funding of these programs. CENIC/Broadband Access Administrator cannot guarantee the E-rate and CTF discounts, and
these discounts are subject to change. E-rate % noted is based on current FY estimate and CTF is a 50% discount of the remaining
cost after E-rate has been applied.
oDue to the consortial nature of CENIC's E-rate application, the E-rate discount level may not be finalized until next Spring of the
following year (late March or early April).
•E-rate Costs may take up to 18 months to activate due to USAC processing time. Please budget for the full undiscounted costs for
the initial period.
Packet Page. 835
Associate:San Bernardino Public Library
Budget Summary Description:Renewal of existing services
Quote Date:12/16/2022
Quote Expiration:3/16/2023
Contract Number:
Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring Cost Term Length
[1]1 Equipment $20,148.41
2 Equipment Maintenance $5,939.05
3 Facilities
[2]4 Circuit deployment Fee
5 Circuit $2,856.00
Total $20,148.41 $2,856.00 $5,939.05
Annual Cost $40,211.05
Discounted Annual Cost $7,652.65
Total for Year 1 $60,359.46
Discounted Annual Cost
Year 1 $27,801.06
[1] CENIC pays for equipment, maintenance and installation of initial CalREN connection.
[2] The California State Library requested, and received funding through the Budget Act of 2021, AB 128,
Chapter 21, 2021 Statute, to pay for Circuit Deployment Fees (CDF) on behalf of public libraries connecting to
CalREN. The full text can be found here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?
bill_id=202120220AB128
Version 2.0
Packet Page. 836
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices
at CENIC’s actual cost.E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was
generated. Actual discount percentage will be identified by the E-rate authorities at a later point
LOC A LOC Z Carrier Info CENIC - Cross Connect E-rate Discount 90.00%Total Discounted MRC
(CTF & E-rate)*Total Discounted NRC*
Site Name Site Name Service
Provider Service Type Requested
Bandwidth [1]
Est Contract
End Date
Non Recurring
Cost*
MRC for 5 year
term*
Add'l MRC (e.
g. Collector
Circuit)
NRC MRC Discounted NRC*Discounted MRC*$142.80 $0.00
San Bernardino Public Library -
Feldheym Central Library CalREN Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal
San Bernardino Public Library -
Inghram Branch Library
San Bernardino Public Library -
Feldheym Central Library Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal
San Bernardino Public Library -
Rowe Branch Library
San Bernardino Public Library -
Feldheym Central Library Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal
San Bernardino Public Library -
Villasenor Branch Library
San Bernardino Public Library -
Feldheym Central Library Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal
Packet Page. 837
[1] 100Mbps, 250Mbps, 500Mbps, 1Gbps, 10Gbps, 100Gbps,
Packet Page. 838
55600.00100\40050514.1
Master Agreement Page 1 of 7
AGREEMENT BETWEEN SAN BERNARDINO PUBLIC LIBRARY AND
COLUMBIA TELECOMMUNICATIONS CORPORATION
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of June 1, 2022 by and
between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter
referred to as “CTC” and San Bernardino Public Library, hereinafter referred to as “Library”. CTC and
Library are sometimes referred to in this Agreement individually as “Party” and collectively as
“Parties”. All written communications between the parties shall be addressed as follows unless and until
amended in writing by the respective party.
San Bernardino Public Library
Ed Erjavek
Library Director
555 W. Sixth Street
San Bernardino, CA 92410
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
hmills@ctcnet.us
WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State
Library Broadband Services Project (“Project”); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation
for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high
speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data
circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if
specified in Appendix #1, attached, to connect Library to other library sites as identified in said
Appendix for the purpose of connecting to CalREN.
NOW THEREFORE, Library and CTC enter into this Agreement:
1.Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision
of communications and related network services to Library under the Project.
2.Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the
California Research and Education Network ("CalREN"). Services that CENIC will provide to
Libraries will include use of CalREN and contracting for and provision of data circuits supplied by
network service providers.
Packet Page. 839
55600.00100\40050514.1
Master Agreement Page 2 of 7
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and
their costs are included in the Appendix #1 attached which may be amended from time to time by
mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify
Library of installation requirements and necessary maintenance instructions. Neither CENIC nor
CTC shall be responsible for operating or maintaining software, equipment or cabling that connects
equipment or network services not provided by CENIC for the Services unless specifically agreed
to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or
the network service provider to deliver Services, or otherwise comply with the terms as described in
this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is
not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss
appropriate remedies including but not limited to cancellation of related services or service credits
as specified in the underlying agreements between CENIC and its network service provider and
CTC and CENIC.
Library is responsible for calculating and paying any early termination penalties that might apply
due to cancellation of existing connections so that it may receive Services under this Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency, or
related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to
authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of
Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter of
Authorization, or related documentation, to the California Public Utilities Commission to authorize
CTC and CENIC to act on its behalf to submit an application and supporting documentation for the
purpose of receiving discounts on eligible network services as part of the California Teleconnect
Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains responsible
for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing
E-rate supported services are canceled.
3.Term and Termination of this Agreement
(a)TERM OF THIS AGREEMENT. This Agreement shall be in effect from June 1, 2022 until
the termination of all Services including the circuits ordered under this Agreement (as
defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this
Agreement), or unless otherwise terminated by a Party pursuant to the terms of this
Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend
on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or
subsequent Addenda or as noticed in writing by CENIC to Library.
(b)TERMINATION. Termination of this Agreement prior to the end date of any given circuit,
as described in Appendix #1 or subsequent Addenda, shall result in Library paying any
applicable circuit telecommunications carrier termination charges or similar early termination
charges that CTC incurs under its agreement with CENIC resulting from early termination of
the Service.
Packet Page. 840
55600.00100\40050514.1
Master Agreement Page 3 of 7
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each
following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it
verifies to CTC and CENIC that funding to pay for that circuit is not available and Library
agrees that for at least 12 months after said notice it will not order or otherwise obtain a
replacement circuit or substantially similar services in place of the cancelled circuit.
(d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all
circuits included in Appendix #1 and any subsequent Addenda are materially increased by
the telecommunications carrier from the amount shown in Appendix #1.
(e) CTC may terminate this Agreement or assign its rights and responsibilities under this
Agreement to a third party upon no less than sixty (60) day written notice to Library, in the
event of termination or expiration of its duties and obligations under the Project and with
written approval of the California State Library.
4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of
a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise
agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any
subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth
reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library
understands and agrees that CTC will only make payment to CENIC for services upon receipt of
related payments from Library. If Library fails to make payments within thirty (30) days after
receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its
agreement with CENIC.
Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in
Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of
this Agreement, or any Services provided under this Agreement, any outstanding circuit
deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination
charges, and applicable early termination penalties, shall become due and payable immediately
upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy
located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13,
2004) and to any specific conditions of use imposed by network service providers or
subcontractors providing communications services to CENIC as may be in force at the time
such services are made available, including pursuant to an Addendum to this Agreement. If
CENIC, subcontractors, or network service provider conditions of use are modified, Library
will be notified and if Library believes it can no longer conform to their requirements,
Library shall have one hundred eighty (180) days from the notice of the modification to
terminate the affected Service(s) without penalty. Library must provide a 30-day written
notice of its termination under this provision to CTC and CENIC. If Library does not elect to
terminate the Service(s), Library must conform to the revised conditions of use. If Library
fails to conform to the revised conditions of use, the Services may be subject to termination
upon sixty (60) day notice to Library from CTC or CENIC.
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Master Agreement Page 4 of 7
(b)CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a
clause in an Addendum to this Agreement, the language in the Addendum shall take
precedence only for the service defined in that Addendum.
(c)FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations
hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving
third parties, acts of third party communications service providers, including any local access
provider, or of their vendors, or suppliers unrelated to the services offered under this
Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to
services provided under this Agreement, natural disasters, act(s) of God or any other event
beyond the reasonable control of the Parties.
(d)GOVERNING LAW. The laws of the State of California shall govern this Agreement.
(e)NON-LIBRARY USES: Library understands that this agreement covers only library use of
CalREN and of circuits provided hereunder and Library agrees that no other uses will be
made of the services provided herein.
6.Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties
constitute the entire Agreement between the parties regarding the subject matter of this Agreement
and supersede all prior written or oral agreements with respect to such. This Agreement may not be
modified orally, and no modification or amendment shall be binding unless in writing and signed by
authorized representatives of both parties.
7.General Provisions
7.1 Nondiscrimination: During the performance of this Agreement,
(a)CTC and its subcontractors shall not deny the Agreement’s benefits to any person on
the basis of religion, color, ethnic group identification, sex, age, physical or mental
disability, nor shall they discriminate unlawfully against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, physical
handicap, mental disability, medical condition, marital status, age (over 40) or sex.
(b)CTC shall ensure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination.
7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any
provision of this Agreement is held to be or invalid under any applicable statute or rule of
law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall
remain in full force and effect.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be
exclusive and are in addition to any other rights and remedies provided by law.
7.4 Prior Agreements: Library agrees that any prior agreements entered into between any
entity that previously served as the Broadband Administrator and the Library for the
purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant
to that program has been terminated.
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Master Agreement Page 6 of 7
Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for
connecting CENIC’s fiber optic backbone to Library and for library connections that are not
direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries
(defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and
CTC will bill Library, for the costs of circuits charged by network service providers, including
any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s E-
rate Consortium Library Application, not all applicable E-rate and CTF discounts will be
reflected on invoices. After the E-rate Application for any given year is approved, the network
service provider will coordinate with CENIC to provide appropriate credits and such credits will
be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued
sometime during the fiscal year after the year in which the circuits are installed and Services are
first provided. In subsequent years, credits continue to be issued in the fiscal year after the year
for which Services have been provided. Library further understands that the exact discounted
cost of circuits will not be known until after the E-rate Consortium Library Application is
approved. The actual start date of the Service, and therefore of circuit costs, will be dependent
on coordination among CENIC, the Library and the network service provider. Any one-time
(Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit
installation and will be invoiced to Library upon receipt of invoice to CENIC from the network
service provider.
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Library Year 3 Quote Summary
San Bernardino Public Library
Description
First Year On Going
1G to CalREN, 1G to branches Price Price
Service
Non-Recurring -$ - -
Discount (E-rate)$0.00
Monthly -$ 4,750.00-
Discount (E-rate)-$4,275.00
Discount (CTF)-$237.50
Total: $2,850.00 $2,850.00
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San Bernardino Public Library
5 year term
1G to CalREN, 1G to branches
Summary Totals Pre Discount Costs (not including Taxes & Surcharges)Estimated Net Costs, after discounts applied (not
including Taxes & Surcharges)
NRC*Monthly NRC*Monthly
-$---$4,750.00--$---$237.50-
Note 1: Design is for a circuit from Feldheym Central Library to a CalREN Hub
site. Circuits from the Branch Libraries are to go to Feldheym Central Library
1G Circuit to CalREN
Connection to HUB Disc % Pre Discount Costs Estimated Net Costs, after discounts applied
E-rate Discount for San Bernardino Public Library**:0.9
CTF Discount***: 0.5
Connection to CalREN Hub at San Bernardino Public Library NRC*Monthly NRC*Monthly
Link 1: 1G to CalREN Hub -$---$1,450.00--$---$72.50-
Taxes & Surcharges on links Varies
Library Equipment
San Bernardino Public Library is responsible to provide a router with at least one LAN interface. This router
should support BGP and NAT. An upgraded Firewall appliance may also be needed to support the data streams.
1G circuits to branches
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Itemized - Main to Branches Pre Discount Costs Estimated Net Costs, after discounts applied
Circuits to San Bernardino Public Library NRC*Monthly NRC*Monthly
Link2: Inghram Branch Library to Feldheym Central Library -$---$1,100.00--$---$55.00-
Link3: Rowe Branch Library to Feldheym Central Library -$---$1,100.00--$---$55.00-
Link4: Villasenor Branch Library to Feldheym Central Library -$---$1,100.00--$---$55.00-
Taxes & Surcharges on links Varies
Library Equipment
Main Library will need a router or switch with at least one LAN interface. This router should support BGP and
NAT. An upgraded Firewall appliance may be necessary. Each branch will also need a router or switch with at
least one LAN interface.
Note 2: These numbers do not include early termination fees that might be
required from current provider(s), nor equipment the Library may need to
purchase to support these circuits, nor Taxes & Surcharges on the circuits.
Definitions
*NRC - Non-Recurring Charges
**E-rate discount: percent discount indicated is an estimate based on data
available at the time the quote was generated. Actual discount percentage will
be identified by the E rate authorities at a later point.
***CTF discount: percent discount of amount after E rate discount is applied.
CTF discount is always 50%.
Note 3: E-rate and CTF discounts are dependent upon the continued funding of
these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts,
and these discounts are subject to change.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks & Recreation & Community Services
Subject:Authorization to apply for funding through the Office
of Grants and Local Services 2024 Arts in California
Parks, Local Parks grant program (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-132, authorizing staff to the apply for grant funds
from the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks
grant program.
Executive Summary
The Parks, Recreation and Community Services Department requests authorization
to apply for grant funding for cultural, artistic and environmental enhancement to
existing events, programs, activities and services through the Office of Grants and
Local Services 2024 Arts in California Parks, Local Parks grant program. The
application will be for the Implementation Track to support and enhance the overall
operations and implementation of selected events, programs, activities, and
services.
Background
This 2024 Arts in California Parks, Local Parks is a new multi-year grant program
intends to create local community connections to California’s rich and diverse cultural
history and natural areas in local parks. They will support artists, culture bearers,
California Native American tribes, and communities in creating artwork that offers
perspective on our past and present and help us imagine our potential.
The program will establish art installations and programming in State and local
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parks as catalysts for sustainable community connection, health, and well-being.
Eligible projects will enhance connections to local cultural history, local parks, open
space or natural areas through community events, programming or installations that
help to build sustainable community connections, health, and well-being.
Discussion
The Local Parks Grant Program has $8 million available to distribute in grants over
the next 3 grant cycles (2024, 2025, 2026). The funding is available for either a
Planning and Development Grant track to cover initial expenses in the early stages of
a project plan or the Implementation Grant track which is intended to cover the
implementation of the project’s expenses and to support a well-defined partnership’s
execution of an artistic and/or cultural project in a local park.
The Parks, Recreation and Community Services Department has increased the
number of Cultural events throughout the year, receiving national and statewide
recognition with such events as the SB Festival: Where Our Cultures Connect, the
Dia de los Muertos Experience, and Lunar New Year Celebration. Additionally, the
Department has forged meaningful relationships with local environmental agencies to
host community events such as the Arbor/Earth Day Community Garden
Beautification and the City recently achieved “Tree City USA” status this year. With
the establishment of the cultural and environmental events/achievements, the
Department will apply for the Implementation Track to support and enhance the
Cultural and Environmental events, programs and services to the San Bernardino
community.
Implementation grant proposal criteria must:
•Demonstrate alignment with the goals of Arts in California Parks.
•Develop art projects and/or cultural programming that emphasizes the unique
characteristics of place and community, offering insightful perspectives on our
past and present.
•Implement inclusive community engagement strategies for the art or culture
project, integrating creative capital through mentorship and career pathway
development to enhance its cultural, historical, and social relevance for
diverse audiences.
•The artistic or cultural project is free of cost and inclusive for all, including
economic and physical accessibility.
•Project contributes to community connection, health, well-being and/or
placemaking.
Preference will be given to proposals that meet multiple criteria listed below:
•Provide participants with meaningful, relevant and/or multiple experiences.
•Integrate environmental sustainability practices and stewardship.
•A focus on underrepresented parts of the state that traditionally do not have
access to these types of resources.
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•Proposals that include a matching grant component, demonstrating a
commitment to shared investment and partnership in the project’s success.
2021-2025 Strategic Targets and Goals
The recommended action aligns with Key Target 1.c. Improved Financial & Operational
Capacity - Create a framework for spending decisions, Key Target 2.a. Focused,
Aligned Leadership and Unified Community - Develop and implement a community
engagement plan and Key target 3b. Improved Quality of Life - Constantly evaluate
public safety service delivery models to enhance the quality of service. If approved,
the grant application will leverage State funding to support the implementation of
cultural and environmental event enhancements.
Fiscal Impact
There is no fiscal impact associated with authorizing staff to apply for the 2024 Arts in
California Parks, Local Parks grant program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-132, authorizing staff to the apply for grant
funds from the Office of Grants and Local Services 2024 Arts in California Parks,
Local Parks grant program.
Attachments
Attachment 1 - Resolution 2024-132 Authorization to Apply for Arts in Ca Parks
Grant
Attachment 2 - Arts in Ca Parks Grant Application
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-132
Resolution 2024-132
June 5, 2024
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RESOLUTION NO. 2024-132
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING STAFF TO APPLY FOR GRANT FUNDS
FROM THE OFFICE OF GRANTS AND LOCAL SERVICES
2024 ARTS IN CALIFORNIA PARKS, LOCAL PARKS
GRANT PROGRAM.
WHEREAS, the State of California Office of Grants and Local Services created the 2024
California Arts in the Parks, Local Grant program to create local community connections to
California’s rich and diverse cultural history and natural areas in local parks; and
WHEREAS, the Parks, Recreation and Community Services Department would like to
apply for grant funding for the Implementation Grant Track to support and enhance the cultural
and environmental programs, events and services for the San Bernardino Community; and
WHEREAS, the Parks, Recreation and Community Services Department will complete
and submit the grant application by June 14, 2024; and
WHEREAS, the 2024 Arts in California Parks funding will provide cultural, artistic, and
environmental enhancement to existing programs, events, and activities.
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. Mayor and City Council hereby authorize the Parks, Recreation and
Community Services Staff to submit an application to the Office of Grants and Local Services
2024 Arts in California Parks, Local Parks Grant Program; and
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.
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Resolution No. 2024-132
Resolution 2024-132
June 5, 2024
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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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-132
Resolution 2024-132
June 5, 2024
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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. 2024-132, adopted at a regular meeting held on the 5th day of June 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 5th day of June 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks & Recreation & Community Services
Subject:Accept State Funds for Park Land Replacement
Within the City of San Bernardino (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt resolution 2024-135:
1. Authorizing the City Manager or his designee to accept state funds administered
through the California Natural Resources Agency for a Park Land Replacement
Project in the amount of $5,000,000; and
2. Authorizing the City Manager or his designee to conduct all negotiations, signing,
and submittals of necessary documents to receive the awarded funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 Operating Budget in the amount of $5,000,000 in both revenue and
expenditures to appropriate the state funds.
Executive Summary
The City received notification of state fund appropriations administered through the
California Natural Resources Agency for a Park Land Replacement Project in the
amount of $5,000,000. The funds will be used to replace current park land at Seccombe
Lake Park that will be used for a new affordable housing project.
Background
The California Natural Resources Agency contacted the City of San Bernardino to
notify their administration of state funds to the City in the amount of $5,000,000 in
funding to replace the park land at Seccombe Lake Park. This report is intended to
accept the award and to commence the grant process to receive awarded funds. The
funds need to be allocated to ensure the project can be completed within the period of
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performance with a project completion date of 12/31/2026.
Discussion
The Seccombe Lake Park in the City of San Bernardino is a 44-acre park just east of
downtown. It is the second largest open space in the city. The park is one of the jewels
of San Bernardino, featuring bandstands, a lake, and other amenities. In 2022, the City
Council committed $9 million in ARPA funds to renovate and restore Seccombe Lake
Park. The park resides in one of the lowest income areas of not only San Bernardino,
but the entire county, with the average household income within a half mile radius of
the park at only $26,000.
With household income so low, the demand for affordable housing in the area is
extremely high. In an effort to provide additional affordable housing units to the area
near Seccombe Lake Park, the San Bernardino Mayor and City Council in January of
2023 entered into an Exclusive Negotiating Agreement (ENA) with the Richman Group
to explore developing 12.5 acres of Seccombe Lake Park’s exterior with between 250
and 300 new housing units. The ENA requires “at least 40 percent of the total number
of housing units developed on the site shall be affordable to households whose
incomes are equal to, or less than, 75 percent of the maximum income of lower income
households, and at least half of those units shall be affordable to very low-income
households.”
Under the Public Park Preservation Act of 1971, park land that is sold must be replaced
with new park land and facilities that are of equivalent value. As a result, the City must
construct a new park for the proposed affordable housing development to move
forward.
The City has identified a 20-acre parcel on Sixth Street, approximately 0.6 miles from
Seccombe Lake Park, that could be used to develop a new 12.5 acre park.
2021-2025 Strategic Targets and Goals
This request aligns with Key target 3c. Improved Quality of Life - Constantly evaluate
public safety service delivery models to enhance the quality of service. If approved,
the City will leverage State funding to support the development of a new park and
affordable housing at Seccombe Lake.
Fiscal Impact
The FY 2023/24 Operating Budget will be amended in the amount of $5,000,000 in
both revenues and expenditures. There will be no impact to the General Fund with this
item. As the project develops, any General Fund impact will be brought forward for
Council consideration and approval.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt resolution 2024-135:
1. Authorizing the City Manager or his designee to accept state funds administered
through the California Natural Resources Agency for a Park Land Replacement
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Project in the amount of $5,000,000; and
2. Authorizing the City Manager or his designee to conduct all negotiations, signing,
and submittals of necessary documents to receive the awarded funds; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 Operating Budget in the amount of $5,000,000 in both revenue and
expenditures to appropriate the state funds.
Attachments
Attachment 1 – Resolution 2024-135 Accept State Funds for Park Land Replacement
Project
Ward:
First Ward
Synopsis of Previous Council Actions:
No previous action.
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Resolution No. 2024-135
Resolution 2024-135
June 5, 2024
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RESOLUTION NO. 2024-135
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ACCEPTANCE OF GENERAL FUND
GRANT FUNDS FOR THE SECCOMBE LAKE PARK LAND
REPLACEMENT PROJECT AND AMENDING THE FISCAL
YEAR 2023/2024 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $5,000,000
WHEREAS, the Legislature and Governor of the State of California have approved a grant
for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for administration of the grant, project setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency
require the Grantee to certify by resolution the approval of a Project Information Package before
submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for the
above project.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.Approves the acceptance of a general fund allocation for local assistance
for the above project(s); and
SECTION 2. Certifies that said agency understands the assurances and certifications in
the Project Information Form; and
SECTION 3. Certifies that said agency will have sufficient funds to develop, operate and
maintain the project consistent with the land tenure requirements of the Grant Agreement; or will
secure the resources to do so; and
SECTION 4. Certifies that said agency will comply with the provision of Section 1771.5
of the California Labor Code.
SECTION 5. If applicable, certifies that the project will comply with laws and regulations
including, but not limited to, the California Environmental Quality Act (CEQA), legal
requirements for building codes, health and safety codes, disabled access laws, environmental laws
and, that prior to commencement of construction, all applicable licenses and permits will have
been obtained.
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Resolution No. 2024-135
Resolution 2024-135
June 5, 2024
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SECTION 6. Certifies that said agency has reviewed and understands the General
Provisions contained in the Sample Grant Agreement contained in the Procedural Guide; and
SECTION 7. Appoints the City Manager, or designee, as agent to conduct all negotiations,
execute and submit all documents including, but not limited to the Project Information Form,
agreements, payment requests and so on, which may be necessary for the completion of the
aforementioned project(s).
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-135
Resolution 2024-135
June 5, 2024
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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. 2024-135, adopted at a regular meeting held on the 5th day of June 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
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Technical Correction for the 2022 Community Oriented
Policing Services (COPS) Hiring Program Grant (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-133, approving the Director of Finance &
Management Services to amend the Fiscal Year (FY) 2023/24 Operating Budget with
an appropriation of $867,223.23 to both revenues and expenditures in grant funds as
part of the previously approved 2022 Community Oriented Policing Services (COPS)
Grant.
Executive Summary
The Mayor and City Council accepted the $1,250,000 Community Oriented Policing
Services (COPS) grant award in November 2022. The Police Department expended
$382,776.77 in FY 2022/23, but the remaining $867,223.23 was not carried over into
FY 2023/24. Staff is requesting to carry over the remaining balance of the grant as an
amendment for FY 2023/24.
Background
The Department of Justice COPS grant is intended to reduce crime and promote public
safety through community policing by providing support to law enforcement agencies
nationwide. The grant supports hiring law enforcement officers to increase an agency’s
community policing and crime prevention capabilities.
On April 14, 2022, the Department of Justice released the FY 2022 COPS Hiring
Program (CHP) solicitation. The award provides funding for up to 75 percent of the
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approved entry-level salary and fringe benefits of each newly hired or rehired full-time
sworn career law enforcement officer over three years of the award period. There is a
minimum 25 percent local cash match requirement unless otherwise waived, and a
maximum federal share of $125,000 per officer position.
On November 15, 2022, the City was awarded $1,250,000 in grant funds for the FY22
Community Oriented Policing Services (COPS) Hiring Grant Program from the
Department of Justice. The Mayor and City Council adopted Resolution 2022-241
accepting these funds and increasing the adopted budget by $1,250,000 in grant funds
and $348,870.90 in General Fund as part of the grant match requirements.
Discussion
In FY 2022/23, the Police Department expended $382,776.77 of the $1,250,000 grant
funding. However, the remaining $867,223.23 was not carried over into FY2023/24
during the annual carryover process. As a result, a budget amendment is required.
The technical correction is needed to carryover the remaining budget from FY2022/23
and increase the revenue and expenditure budgets by $867,223.23 for the 2022 COPS
Hiring Grant. This technical correction will allow the Police Department to utilize the
2022 COPS grant that the Mayor and City Council previously approved.
2021-2025 Strategic Targets and Goals
The requested correction of the budget regarding the 2022 Department of Justice,
Community Oriented Policing Services (COPS) Hiring Program Grant aligns with Goal
No. 1. Improved Operational & Financial Capacity: Implement, maintain, and update a
fiscal accountability plan.
Fiscal Impact
There is no General Fund impact with this item. The FY2023/24 Operating Budget will
be amended by $867,223.23 in both revenues and expenditures.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-133 approving the Director of Finance &
Management Services to amend the Fiscal Year (FY) 2023/24 Operating Budget with
an appropriation of $867,223.23 to both revenues and expenditures in grant funds as
part of the previously approved 2022 Community Oriented Policing Services (COPS)
Grant.
Attachments
Attachment 1 – Resolution No 2024-133
Attachment 2 – Resolution No 2022-241
Attachment 3 – COPS Grant Agreement
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Ward:
All Wards
Synopsis of Previous Council Actions:
November 15, 2022 Approved Resolution 2022-241 to accept the FY2022 COPS
Grant Funds
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Resolution No. 2024-133
Resolution 2024-133
June 5, 2024
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RESOLUTION NO. 2024-133
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE &
MANAGEMENT SERVICES TO AMEND THE FISCAL
YEAR (FY) 2023/24 OPERATING BUDGET WITH AN
APPROPRIATION OF $867,223.23 TO BOTH REVENUES
AND EXPENDITURES IN GRANT FUNDS AS PART OF
THE PREVIOUSLY APPROVED 2022 COMMUNITY
ORIENTED POLICING SERVICES (COPS) GRANT.
WHEREAS, the City of San Bernardino was awarded the 2022 Department of Justice,
Community Oriented Policing Services (COPS) Hiring Program Grant in the amount of
$1,250,000 in FY 2022/23, and
WHEREAS, the Police Department expensed $382,776.77 of the COPS Hiring Program
Grant in FY 2022/23, and
WHEREAS, the unexpended grant balance of $867,223.23 needs to be amended to the
City’s operating expenditure and revenue budget for FY 2023/24, and
WHEREAS, the City will continue to utilize these funds to promote community policing
efforts and reduce gun related violent crime.
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 Director of Finance & Management Services is hereby authorized to
amend the FY 2023/24 Operating Budget with an appropriation of $867,223.23 in both revenues
and expenditures in grant funds.
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.
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Resolution No. 2024-133
Resolution 2024-133
June 5, 2024
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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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-133
Resolution 2024-133
June 5, 2024
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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-___, adopted at a regular meeting held on the 5th day of June 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 5th day of June 2024.
Genoveva Rocha, CMC, City Clerk
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Award Letter
October 13, 2022
Dear Francisco Hernandez,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS
Office) has approved the application submitted by SAN BERNARDINO, CALIFORNIA, CITY OF for an award under the funding opportunity
entitled 2022 FY 2022 COPS Hiring Program. The approved award amount is $1,250,000.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award
Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award
Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances
and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and
programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the
award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award
requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which
may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized
Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s)
is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized
Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration
and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed
the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
ROBERT CHAPMAN
Acting Director
Office for Civil Rights Notice for All Recipients
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The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the
responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights
laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial
assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal
financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability,
sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also
prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination
requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups.
In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the
OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to
their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with
the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of
discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional
information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you
would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal
financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and
Award Conditions.
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Recipient Information
Recipient Name
SAN BERNARDINO, CALIFORNIA, CITY OF
UEI ORI Number
HRJPGFZSC3H6 CA03610
Street 1 Street 2
710 N D ST.
City State/U.S. Territory
SAN BERNARDINO California
Zip/Postal Code Country
92401 United States
County/Parish Province
————
Award Details
Federal Award Date Award Type
10/13/22 Initial
Award Number Supplement Number
15JCOPS-22-GG-03370-UHPX 00
Federal Award Amount Funding Instrument Type
$1,250,000.00 Grant
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Assistance Listing Number Assistance Listings Program Title
16.710 Public Safety Partnership and Community Policing Grants
Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and
Award Conditions.
Solicitation Title Awarding Agency
2022 FY 2022 COPS Hiring Program COPS
Application Number
GRANT13635773
Grant Manager Name Phone Number E-mail Address
TAMMY RICHARDSON TAMMY.RICHARDSON2@USDOJ.GOV
800-421-6770
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Project Title
FY22 COPS Hiring Program (CHP)
Performance Period Start Date Performance Period End Date
10/01/2022 09/30/2027
Budget Period Start Date Budget Period End Date
10/01/2022 09/30/2027
Project Description
The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community
policing through the hire or rehire of additional career law enforcement officers. Funding under this
award program will be utilized by local law enforcement agencies to hire and rehire career law
enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent
and disrupt crime and violence.
I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and
Award Conditions.
A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the
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final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are
explained below.
Budget Clearance Date:9/12/22 6:10 PM
Comments
No items
Budget Category Proposed Budget Change Approved Budget Percentages
Sworn Officer Positions
Civilian or Non-Sworn Personnel
Travel
$4,332,696.40 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$4,332,696.40
$0.00
$0.00
$0.00
$0.00
Equipment $0.00
Supplies $0.00 $0.00
SubAwards $0.00 $0.00
Procurement Contracts
Other Costs
$0.00 $0.00
$0.00 $0.00
Indirect Costs $0.00 $0.00
Total Project Costs $4,332,696.40 $4,332,696.40
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Federal Funds:$1,250,000.00
$3,082,696.40
$0.00
28.85%
71.15%
0.00%
Match Amount:
Program Income:
Budget Detail Summary View
Budget Category
Sworn Officer
Civilian Personnel
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
I have read and understand the information presented in this section of the Federal Award Instrument.
Other Award Documents
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Approved Problem Focus Area: Violent Crime: Gun Violence
10 Full‐Time Officers Funded
10 New Hires
0 Rehires Previously Laid Off
0 Rehires Scheduled for Lay Off
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and
Award Conditions.
1
Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract
with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or
otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or
agency authorized to receive such information. Consolidated Appropriations Act, 2022, Public Law 117-103, Division E, Title VII, Section 742.
2
Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same
item or service also funded under this award.
3
Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part
200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award
Owner’s Manual for a full text of the contract provisions.
4
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Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure
compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress
of our programs and the advancement of community policing. Both aspects of award implementation—compliance and programmatic benefits—are
part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include
site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a
COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all
financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is
subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final
expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337.
5
Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and
certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing,
accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees,
that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that
the individual has the requisite legal authority.
6
Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award.
(2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law.
(3) When the recipient agrees to the termination and termination conditions.
(4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of
the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the
award.
(5) Pursuant to any other termination provisions included in the award.
2. C.F.R.ꢀ§ꢀ200.340.
7
Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable 2022 COPS Office Program Award Owner's
Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing
(STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101;
48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable;
representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.
8
Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed
as part of its application.
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9
Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department
based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition—
a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. §
2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681);
and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section
299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section
40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against
Women, also may apply to an award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to
civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may
include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and
statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial
assistance programs), and 46 (human subjects protection).
10
Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as
applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients
that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with
the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make
required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113.
11
Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge,
demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is
evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal
contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract
(including the competition for or negotiation of a contract) or award. Recipients and subrecipients also agree to provide to their employees in writing
(in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the
Award Owner’s Manual for a full text of the statute.
12
False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from
participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733.
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13
System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2
C.F.R. Part 25, Appendix A to Part 25 – Award Term:
I. System for Award Management and Universal Identifier Requirements
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This
includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a
Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under
this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after
the initial registration, and more frequently if required by changes in your information or another Federal award term.
B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the
entity has provided its Unique Entity Identifier to you.
2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain
an active SAM registration, but must obtain a Unique Entity Identifier.
C. Definitions
For purposes of this term:
1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of
business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at
https://www.sam.gov).
2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.
3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A Federal agency.
4. Subaward has the meaning given in 2 CFR 200.1.
5. Subrecipient has the meaning given in 2 CFR 200.1.
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14
Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in
Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to
http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the
obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov
specify.
b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding
completed fiscal year, if—
i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and,
iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
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ii. By the end of the month following the month in which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity
subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and,
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance
subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during
the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient
by November 30 of that year.
d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
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iii. A domestic or foreign nonprofit organization; and,
iv. A domestic or foreign for-profit organization
3. Executive means officers, managing partners, or any other employees in management positions.
4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you
received this award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2
CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.
5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal
year and includes the following (for more information see 17 CFR 229.402(c)(2)).
15
Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to
the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E.
16
Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible
for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal
Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s
progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency’s community
policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a
cumulative basis throughout the life of the award.
17
Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R.
Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:
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A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must
maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and
performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative
proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417,
as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and
performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly
available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages
of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and
regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term
and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the
information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings
information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported
previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with
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a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative
proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g.,
Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of
Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal
contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from
participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part
2867 (DOJ Nonprocurement Debarment and Suspension).
19
Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship
and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that
persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603.
20
Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential
conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112.
21
Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the
award performance period if the awarding agency determines that the recipient is a high-risk recipient. 2 C.F.R. § 200.208.
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22
Career Law Enforcement Officer: Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law
enforcement officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a person hired on a permanent basis
who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of
criminal laws.” 34 U.S.C. §10389(1). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy
training to become “career law enforcement officers” if it is the standard practice of the agency to do so with locally-funded recruits. The State of
Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a “village public safety officer” defined as “an
individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670.” Tribal Law
and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2).
23
Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award
program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case-by-case basis. Only those
recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Reasonable justifications may include difficulties
in filling COPS Office-funded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your
agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension
requests must be received prior to the end date of the award.
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Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local,
or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training,
purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds
to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS
Office award. 34 U.S.C. § 10384(a).
25
Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate
with the monitors and evaluators. 34 U.S.C. § 10385(b).
26
Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the
approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted
for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during
each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g).
27
Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state
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and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the
number of locally-funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention
requirement by using CHP-funded positions to fill locally-funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8).
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Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries
and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a
local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary
and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required
to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency’s budget;
• Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or
• Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of
state, local, or BIA budget reductions.
If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency
should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in
the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in
your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the
amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and
drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total
entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers
beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each
awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency.
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Memorandum of Understanding Requirement (for School Resource Officers only)
Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and the school partner(s) to the
COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the
date shown on the award letter.
• Your agency’s MOU must contain the following information;
o The purpose of the MOU
o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers’ roles on safety
o Information sharing
o Supervision responsibility and chain of command for the SRO
o Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets
Your agency’s implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being
reimbursed by the COPS Office and/or award de-obligation.
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Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or
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services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies
unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law
enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi-jurisdictional issues as described in the
agreement.
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Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime
problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application:
• Building Legitimacy and Trust
• Violent Crime/Gun Violence
• Combatting Hate and Domestic Extremism
• Police-based Response to Persons in Crisis
Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP
award application;
Your agency will address its specific priority crime problem throughout the entire CHP award period;
Your agency will implement any organizational changes identified in its CHP award application;
Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts
to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements.
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Modifications: Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office CHP award.
Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of
$250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10
percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget
modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the
scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any
modification request that results in an increase of federal funds.
In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions
awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was
awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring
category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application, the
agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved
budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be
aware that the COPS Office will not approve any modification request that results in an increase of federal funds.
During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency’s fiscal or law
enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer
positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit
categories, and/or reduce the entry-level salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10
new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10
positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn
officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire
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category for officers laid off or scheduled for layoff on a specific future date post-application. Award modifications under CHP are evaluated on a
case-by-case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel
decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office
will not approve any modification request that results in an increase of federal funds.
33
School Resource Officer (SRO) Training Requirement: COPS Office-funded SRO(s) are required to complete an SRO 40-hour basic training
course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award
congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the recipient agency after
completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training
course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour
basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers
to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs.
34
Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were
identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific
reference to a crime or disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to assess and
respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that
complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how your agency will use the funds to reorient its
mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your
agency is required to implement the community policing plan it set forth in the CHP award application.
The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of
partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime,
social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be
used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran
officers) funded under CHP must implement your agency’s approved community policing plan, which you described in your award application.
35
Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation,
notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS
Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208
If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a
background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can
demonstrate the background investigation has been completed.
I have read and understand the information presented in this section of the Federal Award Instrument.
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Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and
certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the
following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal
counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials
submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection
therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that
accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or
not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material
representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and
certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18
U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and
administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or
otherwise.
Agency Approval
Title of Approving Official
Acting Director
Name of Approving Official
ROBERT CHAPMAN
Signed Date And Time
9/19/22 2:32 PM
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Authorized Representative
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Authorize the Acceptance, Obligation, and
Expenditure of the Allocated Citizens’ Option for
Public Safety (COPS) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No 2024-134:
1. Authorizing the acceptance of the FY 2023/24 Citizens' Option for Public Safety
(COPS) funds.
2. Authorizing the Director of Finance & Management Services to amend the
operating budget by $341,808.27 in both revenue and expenses.
3. Authorizing the Police Department to encumber and expend the allocated
Citizens’ Option for Public Safety (COPS) funds for FY 2023/24.
Executive Summary
The Department requests obligation and expenditure of COPS funds to purchase an
armored vehicle, ballistic helmets, and overtime for data-driven crime prevention
programs. The Department will follow all established purchasing procedures and return
to the council for approval as required.
Background
The Citizens Option for Public Safety (COPS) program (AB 3229) provides funding
exclusively to support front-line law enforcement. The money must supplement
existing services and be used in accordance with written request by the Chief of Police
or Chief Administrator of the law enforcement agency that provides services for the
City. The City accepted $300,000 of COPS funding for fiscal year 23/24 through the
budget adoption. The actual amount of COPS funding granted to the City for fiscal year
23/24 is $641,808.27. The funds must be expended or encumbered by June 30th.
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Discussion
After assessing needs, the Department believes the following items are critical to
supporting front-line law enforcement services:
1. Armored Personnel Carrier - $385,000.00
2. Equipment and overtime to support data-driven crime suppression programs -
$256,808.27
Armored Personnel Carriers/Rescue vehicles can be beneficial for police departments
for several reasons:
1. Enhanced Safety: Armored personnel carriers/rescue vehicles provide a higher level
of protection for officers during high-risk situations, such as dealing with armed
suspects, hostage situations, or terrorist threats. They are designed to withstand
gunfire and other types of attacks, helping to reduce casualties among law
enforcement personnel.
2. Effective Response: These vehicles enable police to approach dangerous scenes
more closely and securely, which can be crucial in resolving situations quickly and
safely. This capability is especially important during active shooter incidents or when
officers need to evacuate civilians from a danger zone.
3. Tactical Advantage: Armored personnel carriers/rescue vehicles can offer tactical
advantages in terms of mobility and the ability to control larger areas. They can be
used to establish perimeters, control crowds, and provide a mobile shield for officers
as they perform their duties in potentially hazardous environments.
4. Rescue Operations: In addition to tactical law enforcement operations, these
vehicles can be vital in rescue operations during natural disasters like floods and large-
scale fires. Their robust build allows them to navigate through debris and flooded
areas, rescuing stranded individuals and delivering emergency supplies.
5. Deterrent Effect: The mere presence of an armored vehicle can act as a deterrent
to criminal activity. It signals a serious law enforcement response and can help to
prevent escalation during volatile situations.
6. Multi-purpose Use: Many armored vehicles are equipped with additional features
like communication equipment, which can be used in a variety of scenarios, from
natural disaster response to large-scale public events, enhancing overall public safety
infrastructure.
The Department requests the remaining funds to be encumbered to purchase
equipment and overtime to support data-driven crime suppression details throughout
the summer. These programs include crime impact patrols and youth intervention
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programs.
The Department will follow the appropriate purchasing procedures. All items that
require further authorization will be returned to the council for approval.
2021-2025 Strategic Targets and Goals
The request to encumber the COPS funds aligns with Goal No. 3: Improved Quality of
Life - Evaluate and enhance the quality of public safety services.
Fiscal Impact
There is no fiscal impact to the General Fund. Revenues and expenditures will be
amended in FY 2023/24 Operating Budget by $341,808.27.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No 2024-134:
1. Authorizing the acceptance of the FY 2023/24 Citizens' Option for Public
Safety (COPS) funds.
2. Authorizing the Director of Finance & Management Services to amend the
operating budget by $341,808.27 in both revenue and expenses.
3. Authorizing the Police Department to encumber and expend the allocated
Citizens’ Option for Public Safety (COPS) funds for FY 2023/24.
Attachments
Attachment 1 - Resolution No. 2024-134
Ward: All
Synopsis of Previous Council Actions:
June 21, 2023 Mayor and City Council adopted Resolution 2023-080 Approving
the Fiscal Year 2023-24 Operating Budget including projected COPS funds.
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Resolution No. 2024-134
Resolution 2024-134
June 5, 2024
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RESOLUTION NO. 2024-134
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF THE FISCAL
YEAR FY 2023/24 CITIZENS’ OPTION FOR PUBLIC
SAFETY (COPS) FUNDS, AUTHORIZING THE DIRECTOR
OF FINANCE AND MANAGEMENT SERVICES TO
AMEND THE OPERATING BUDGET BY $341,808.27 IN
BOTH REVENUE AND EXPENSES, AND AUTHORIZING
THE POLICE DEPARTMENT TO ENCUMBER AND
EXPEND THE ALLOCATED CITIZENS’ OPTION FOR
PUBLIC SAFETY (COPS) FUNDS FOR FY 2023/24.
WHEREAS, The COPS program provides funding exclusively to support front-line law
enforcement; and
WHEREAS, The Police Department has identified specific needs that are valuable to
support front-line law enforcement services.
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
additional Fiscal Year 2023/24 COPS Funds in the amount of $341,808.27.
SECTION 3. The Director of Finance and Management Services is hereby authorized to
amend the FY2023/24 Operating Budget, appropriating $341,808.27 in revenue and expenditures.
SECTION 4. The Police Department is hereby authorized to encumber and expend the
allocated COPS funds for Fiscal Year 2023/24.
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.
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Resolution No. 2024-134
Resolution 2024-134
June 5, 2024
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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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-134
Resolution 2024-134
June 5, 2024
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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. 2024-134, adopted at a regular meeting held on the 5th day of June 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
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Award of Agreement for Construction of Rudy
Hernandez Community Center Gym Flooring
Replacement (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-136; and
1. Approve the award of an Agreement with HUR Flooring Co. in the amount
of $185,578.00 for Rudy Hernandez Community Center Gym Flooring
Replacement (Project); and
2. Authorize the project construction, construction contingencies, construction
management, and administrative costs in the total amount of $225,000.00
(which includes a 20% contingency); and
3. Authorize the Director of Finance and Management Services to amend the
FY 2023/24 CIP program and budget with an additional $47,048 from
available Parks and Recreation funds to bring the total project budget to
$225,000; and
4. Authorize the City Manager or designee to execute all documents with HUR
Flooring Co.; 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 Construction of the Rudy Hernandez
Community Center Gym Flooring Replacement would improve the safety, usability, and
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overall quality of the facility. Rudy Hernandez Community Center serves as a vital hub
for community engagement and recreation in the City of San Bernardino. However, the
current state of the Gym flooring has deteriorated, compromising the safety and usability
of the facility. By undertaking this project, we aim to create a space that fosters
community engagement, physical activity, and social interaction.
The agreement will include the construction fee of $185,578.00. Additional funds are
recommended for construction contingencies, construction management, and
administrative costs in the amount of $39,422.00. The total cost of construction,
construction contingencies, construction management, and administrative costs is
$255,000. Approving an additional $47,048 from available Parks and Recreations funds
will fund the project costs.
Background
Situated in a central location within San Bernardino, the Rudy Hernandez Community
Center has various facilities and versatile spaces designed to accommodate a wide
range of recreational, educational, and cultural activities. From multipurpose rooms
and athletic facilities to computer labs and community gardens, the center offers a
dynamic array of amenities that cater to the interests and preferences of community
members of all ages and backgrounds.
The California Natural Resources Agency Department of Parks and Recreation Office
of Grants and Local Services contacted Parks, Recreation and Community Services
(PRCS) staff regarding a miscommunication in regard to unallocated funds in 2019.
Staff were notified of $177,952 to the city for the Per Capita Grant Program in Phase
1 of the Prop 68 grants. Department staff were granted an extension to submit the
application for funding and this was completed in March 2022.
On April 6, 2022, the Mayor and City Council of the City of San Bernardino approved
the application for the California Drought, Water, Parks, Climate, Coastal Protection
and Outdoors Access of All Act of 2018 Per Capita Program. The grant was awarded
to the City, and later accepted on May 15, 2024.
Discussion
The Project was advertised for public bidding on April 17, 2024, on PlanetBids, and
later advertised in the San Bernardino Sun.
Five sealed bids were received, and opened on May 01, 2024, as follows:
Bidder City Base Bid
HUR Flooring Co.Van Nuys $185,578.00
McWil Sports Surfaces Gardena $256,800.60
Coastal Construction Team Encino $319,620.00
California Flooring Winnetka $370,851.00
Geary Floors, Inc.El Cajon $374,000.00
Staff has reviewed all bid packages and determined that HUR Flooring Co. of Van Nuys,
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California, is the lowest responsible and responsive bidder with a total base bid amount
of $185,578.00.
In addition to these construction costs, staff anticipate the need for additional funding to
provide for construction contingencies, construction management, and administrative
costs in the amount of $39,422.00.
The project has a total grant funding amount of $177,952. The total cost of construction,
construction contingencies, construction management, and administrative costs
$225,000.00. Additional funding for the project will be provided through available Parks
and Recreation funds.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 3: Improved
Quality of Life. The Rudy Hernandez Community Center will improve community
appearance, cleanliness, and attractiveness to a safe and well-maintained community
center.
Fiscal Impact
Total funding for this project is derived from approved Proposition 68 grant funds in
the amount of $177,952, and the balance from the Parks and Recreation
Department’s approved budget in the amount of $47,048 for a total of $225,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-136; and
1. Approve the award of an Agreement with HUR Flooring Co. in the amount
of $185,578.00 for Rudy Hernandez Community Center Gym Flooring
Replacement (Project); and
2. Authorize the project construction, construction contingencies, construction
management, and administrative costs in the total amount of $225,000.00
(which includes a 20% contingency); and
3. Authorize the Director of Finance and Management Services to amend the
FY 2023/24 CIP program and budget with an additional $47,048 from
available Parks and Recreation funds to bring the total project budget to
$225,000; and
4. Authorize the City Manager or designee to execute all documents with HUR
Flooring Co.; and
5. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
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Attachments
Attachment 1 Resolution No. 2024-136
Attachment 2 Agreement with HUR Flooring Co.
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:
Ward 1
Synopsis of Previous Council Actions:
March 16, 2022 The Mayor and City Council of the City of San Bernardino
adopted Resolution 2022-68 approving the application for the
California Drought, Water, Parks, Climate, Coastal Protection
and Outdoors Access of All Act of 2018 Per Capita Program.
May 15, 2024 The Mayor and City Council of the City of San Bernadino
adopted Resolution 2024-106 authorizing the City Manager or
his designee to accept the award for the California Drought,
Water, Parks, Climate, Coastal Protection and Outdoors
Access of All Act of 2018 Per Capita Program for the amount
of $177,952.
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Resolution No. 2024-136
Resolution 2024-136
June 5, 2024
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RESOLUTION NO. 2024-136
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF AN AGREEMENT WITH
HUR FLOORING CO. IN THE AMOUNT OF $185,578 FOR
RUDY HERNANDEZ COMMUNITY CENTER GYM
FLOORING REPLACEMENT PROJECT; AND
AUTHORIZING THE PROJECT CONSTRUCTION
CONTINGENCIES, CONSTRUCTION MANAGEMENT,
AND ADMINISTRATION COSTS IN THE TOTAL AMOUNT
OF $225,000 FOR CONSTRUCTION OF THE PROJECT;
AND AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
CIP BUDGET WITH AN ADDITIONAL $47,048 FROM
AVAILABLE PARKS AND RECREATION FUNDS TO
BRING THE TOTAL PROJECT BUDGET TO $225,000; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS WITH HUR FLOORING
CO.; AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF
NECESSARY TO COMPLETE THE PROJECT
WHEREAS, The Rudy Hernandez Community Center serves as a hub for an extensive
array of programs and services aimed at promoting holistic well-being, personal development, and
community cohesion;
WHEREAS, On April 6, 2022, the Mayor and City Council of the City of San Bernardino
approved the application for the California Drought, Water, Parks, Climate, Coastal Protection and
Outdoors Access of All Act of 2018 Per Capita Program. The grant was awarded to the City, and
later accepted on May 15, 2024.
WHEREAS, The City was awarded $177,952 for the Per Capita Grant Program in Phase
1 of the Prop 68 grants.
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 to approve
the award of an agreement with HUR Flooring Co. in the amount of $185,578. For Rudy
Hernandez Community Center Gym Flooring Replacement (Project).
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Resolution No. 2024-136
Resolution 2024-136
June 5, 2024
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SECTION 3. The Mayor and City Council hereby authorize the project construction,
construction contingencies, construction management, and administrative costs in the total amount
of $225,000.00 for construction of the project.
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY2023/24 CIP program and budget with an additional
$47,048 from available Parks and Recreation funds to bring the total project budget to $225,000.
SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee
to execute all documents with HUR Flooring Co.
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
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 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-136
Resolution 2024-136
June 5, 2024
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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. 2024-136, adopted at a regular meeting held on the 5th day of June 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. 909
Rudy Hernandez Community Center
Gym Flooring Replacement
-36-00 52 13 – CONTRACT FOR CONSTRUCTION
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00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. RFP GB-24-011 is made and entered into the 5th
day of June 2024 by and between the CITY OF SAN BERNARDINO, with its principal place of
business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes
hereinafter called the “City” and HUR Flooring Co. Sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of the
Work required in strict compliance with the Contract Documents as specified in Article 5, below,
for the following Project:
Rudy Hernandez Community Center Gym Flooring Replacement.
The contractor is an independent contractor and not an agent of the City. The Contractor and
its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure
to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within 90 calendar days from the commencement date stated in the
Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth
above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes andcosts, the sum of one hundred eighty-five thousand five hundred seventy-
eight Dollars ($185,578.00). Payment shall be made as set forth in the General Conditions. The
City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and everyday
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of $1500 for each and every calendar day of delay beyond
the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages
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Gym Flooring Replacement
-37-00 52 13 – CONTRACT FOR CONSTRUCTION
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and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may
deduct that amount from any money due or that may become due the Contractor under the
Contract. This Section does not exclude recovery of other damages specified in the Contract
Documents. Liquidated damages may be deducted from progress payments due Contractor,
Project retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from
terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following Appendices.
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Appendix A – City of San Bernardino Business Registration Application Form
Appendix B – Location Map
Appendix C – Rudy Hernandez Gym Plan and Pictures.
Appendix D – PUR Standards.
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
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ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained online at
http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
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Gym Flooring Replacement
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Gym Flooring Replacement
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN BERNARDINO
By:
Rochelle Clayton
Acting City Manager
HUR Flooring CO.
By:
Its:
MICHAEL S. HUR
ATTEST:
By:
GENOVEVA ROCHA, CMC, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
License # 604929
Classification B, C15, C54
Contractor’s License Number and
Classification
1000006707
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Mobilization LS 1 6,500.00$ 6,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 6,500.00$ 6,500.00$
2
Temporary Removal of any existing equipment, bleachers, doors and relocate them back at the original location after theflooring completion LS 1 6,000.00$ 6,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 18,000.00$ 18,000.00$
3
Removal and disposal of the existing flooring and/or any unclassified debris, any unused material beneath the flooring at the gym SF 8510 1.55$ 13,190.50$ 4.06$ 34,550.60$ 7.55$ 64,250.50$ 2.00$ 17,020.00$
4
Remediation of any existing damages and/or depression due to imperfections in the substrate floor flatness and/or the leveling LS 1 7,000.00$ 7,000.00$ 33,820.00$ 33,820.00$ 20,000.00$ 20,000.00$ 45,000.00$ 45,000.00$
5 Relocate the pole sleeves as per the project specifications and special provisions EA 12 600.00$ 7,200.00$ 1,500.00$ 18,000.00$ 575.00$ 6,900.00$ 600.00$ 7,200.00$
6 Relocate all the existing power plugs/sockets to the same as the original.LS 1 1,400.00$ 1,400.00$ -$ -$ -$ -$ 850.00$ 850.00$
7 Furnish and install a new fixed resilient, First-grade maple wood gym floor including the skirting.SF 8510 16.25$ 138,287.50$ 17.13$ 145,805.00$ 30.00$ 255,300.00$ 25.00$ 212,750.00$
8
Painting the new gym floor, marking layout and dimensions to be same as the original marking and painting (basketball court striping, volleyball striping, Pickleball striping etc.).LS 1 4,500.00$ 4,500.00$ 11,625.00$ 11,625.00$ 15,000.00$ 15,000.00$ 7,500.00$ 7,500.00$
9 Design and Installation of Parks and Water Bond Act of 2018 (Proposition 68) Sign LS 1 1,500.00$ 1,500.00$ 500.00$ 500.00$ 49.50$ 49.50$ 4,800.00$ 4,800.00$
HUR Flooring California Flooring McWil Sports Surfaces,
INC.Geary Floors, Inc.Coastal Construction
Team
$185,578.00 $370,851.00 $256,800.60 $374,000.00 $319,620.00
$185,578.00 $370,851.00 $256,800.00 $374,000.00 $319,620.00
$0.00 $0.00 $0.60 $0.00 $0.00
BID RANKING
TOTAL BID AMOUNT INDICATED BY BIDDER
BID TABULATION
1. BID TABULATION
PROJECT NAME: [Rudy Hernandez Community Center - Gym Flooring Replacement]
PROJECT NO: [RFP F-24-1004]
Bid Item and Description
HUR Flooring
Van Nuys , CA
Coastal Construction Team
Encino, CA
California Flooring
Winnetka, CA El Cajon, CA
Geary Floors, Inc.McWil Sports Surfaces, INC.
Gardena, CA
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT
S:\ENGINEERING\RFCA's\2024 All\6.5.24\Rudy Hernandez Community Center Gym Flooring Replacement\Attachment 2 - Bid TabulationBID TABULATION 1 of 1
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Rudy Hernandez Community Center Gym Flooring Replacement
Rudy Hernandez Community Center
LOCATION MAP
The Gym
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Accept Safe Streets and Roads for All (SS4A)
Grant (Wards 1, 2, 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-137, and
1. Authorize the City Manager, or designee, to execute a grant agreement and any
subsequent amendments with the U.S. Department of Transportation in the
amount of $240,800 for the Safe Streets and Roads for All (SS4A) Grant Program;
and
2. Authorize the Director of Finance & Management Services to amend and
appropriate the $240,800 Safe Street and Roads for All (SS4A) Grant Program
award in both revenues and expenditures to the Fiscal Year 2023 – 2024
Operating Budget; and
3. Authorize the Director of Finance & Management Services to amend and
appropriate $60,200 from the Local Regional Circulation Fund in expenditures to
the Fiscal Year 2023-2024 Operating Budget to satisfy the 20% grant match
requirement; and
4. Authorize the Director of Finance & Management Services to amend the Fiscal
Year 2023 – 2027 Capital Improvement Program to add the Safe Streets and
Roads for All (SS4A) Grant Program.
Executive Summary
The Safe Streets for All Grant (SS4A) is a comprehensive initiative aimed at enhancing
safety and accessibility on public roadways. This grant program prioritizes community
engagement, data-driven decision-making, and innovative solutions to address key
challenges related to pedestrian and vehicular safety. The City of San Bernardino
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plans on using the grant funds to develop tools to strengthen the community’s
approach to roadway safety and save lives and prevent serious harm.
Background
The Bipartisan Infrastructure Law (BIL) established the Safe Streets and Roads for All
(SS4A) discretionary program with $5 billion in appropriated funds over 5 years, 2022-
2026. The SS4A program funds regional, local, and Tribal initiatives through grants to
prevent roadway deaths and serious injuries. Over $3 billion is still available for future
funding rounds. The SS4A program supports the U.S. Department of Transportation's
National Roadway Safety Strategy and our goal of zero roadway deaths using a Safe
System Approach.
The City has applied for and been awarded grant funding for the preparation of Safe
Streets and Roads for All (SS4A) through the U.S. Department of Transportation.
Completion of SS4A is required for the city to be eligible for future Highway
Safety Improvement Program (HSIP), SS4A grant Implementation, and other federal
and state grant funding.
The program supports the development of a comprehensive safety action plan (Action
Plan) that identifies the most significant roadway safety concerns in a community and
the implementation of projects and strategies to address roadway safety issues. Action
Plans are the foundation of the SS4A grant program. SS4A requires an eligible Action
Plan to be in place before applying to implement projects and strategies. The SS4A
program provides funding for two types of grants:
Planning and Demonstration Grants provide Federal funds to develop, complete, or
supplement a comprehensive safety action plan. The goal of an Action Plan is to
develop a holistic, well-defined strategy to prevent roadway fatalities and serious
injuries in a locality, Tribe, or region. Planning and Demonstration Grants also fund
supplemental planning and/or demonstration activities that inform the development of
a new or existing Action Plan. The Department encourages including demonstration
activities in an application.
Implementation Grants provide Federal funds to implement projects and strategies
identified in an Action Plan to address a roadway safety problem. Projects and
strategies can be infrastructure, behavioral, and/or operational activities.
Implementation Grants may also include demonstration activities, supplemental
planning, and project-level planning, design, and development. Applicants must have
an eligible Action Plan to apply for Implementation Grants. The Department
encourages including demonstration activities in an application.
It is anticipated that City Staff will release a Request for Proposal (RFP) to obtain
consultant help with this project. The RFP is anticipated to be released in Summer
2024, and the resulting contract will be brought back to the Mayor and City Council for
award.
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Discussion
On July 10, 2023, the Planning Grant application for Baseline St between Meridian Ave
and Tippecanoe Ave was completed and sent to Caltrans. On December 13, 2023, the
City was officially notified by Caltrans that the application has been approved and
would receive 80% State funding in the amount of $240,800 with a local match of 20%
in the amount $60,200 for a total project cost of $301,000.
The city was awarded a Planning Grant which includes the following key components:
•Leadership commitment and goal setting that includes a goal timeline for
eliminating roadway fatalities and serious injuries.
•Planning structure through a committee, task force, implementation group, or
similar body charged with oversight of the Action Plan development,
implementation, and monitoring.
•Safety analysis of the existing conditions and historical trends that provides a
baseline level of crashes involving fatalities and serious injuries across a
jurisdiction, locality, Tribe, or region.
•Engagement and collaboration with the public and relevant stakeholders,
including the private sector and community groups, that allows for both
community representation and feedback.
•Equity considerations developed through a plan using inclusive and
representative processes.
•Policy and process changes that assess the current policies, plans,
guidelines, and/or standards to identify opportunities to improve how processes
prioritize transportation safety.
•Strategy and project selections that identify a comprehensive set of projects
and strategies, shaped by data, the best available evidence and noteworthy
practices, as well as stakeholder input and equity considerations, that will
address the safety problems described in the Action Plan.
•Progress and transparency methods that measure progress over time after
an Action Plan is developed or updated, including outcome data.
Baseline St Between Meridian Ave and Tippecanoe Ave is classified in the City of San
Bernadino General Plan as major arterial with a posted speed of mostly 40 MPH and
total segment length of 5 miles. The curb- to- curb width varies with a majority being
a minimum of 60 feet. The segment is generally a 4-lane divided highway with Two-
way center left turn lane along the entire segment. Parking is not permitted along the
segment between Meridian Ave to the I-215 Freeway. Parking is permitted along the
segment from I-215 Fwy to Tippecanoe Ave.
Traffic Signals exists per Table A below:
Table A:
Location along Baseline St:Protected Left
@ Meridian Ave West
@ University Pkwy West
@ California St East
@ Medical Center Dr East / West
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@ Mt Vernon Ave East / West
@ Massachusetts Ave None
@ Perris St None
@ H St East / West
@ G St None
@ F St None
@ E St East / West (Protected / Permissive)
@ D St None
@ Arrowhead Ave East / West (Protected / Permissive)
@ Mt View Ave None
@ Sierra Way None
@ Waterman Ave East / West
@ Crestview Ave East / West
@ Windsor Dr / Myrtle Dr None
@ Tippecanoe Ave West
Currently there are no bicycle facilities along the entire segment of Baseline St from
Meridian Ave to Tippecanoe Ave. This segment of Baseline St is listed in the SBCTA
Non-Motorized Transportation Plan (NMTP) for the installation of Class II bike lanes.
A total of 435 collisions have taken place on this corridor.
In order to address collisions along this segment of Baseline Street between
Meridian St and Tippecanoe Ave the following measures will be studied during
the planning stages:
•Corner Extensions/ Bulb-out.
•Road diet Measures (Narrow lanes, Rumble Strips)
•Evaluating warrants for Rectangle Rapid Flashing beacons (RRFB’s)
installation.
•High Visibility Crosswalks.
•Electronic Speed feedback signs.
•Class I, II, and III bike lanes.
•Leading Pedestrian Interval (LPI).
•Raised Crosswalks at midblock Locations.
•Evaluating warrants for Installation of High Intensity Activated Crosswalk
Beacon (HAWK)
•Evaluating warrants for Traffic signal installation at locations with High collision
as a result of the cross-street traffic.
•Evaluation of edge lines.
The planning grant should encompass the approach methodology, concept design,
costs, data collection, and benefits of the proposed improvements to develop the
plan.
Also, included in the grant is the Local Roadway Safety Plan (LRSP) amendment and
community engagement element The estimated budget is as follows:
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Activity Federal Fund
Request
Total Project cost Federal Fund to
underserved
community
Baseline Rd Study
Analysis and
Strategy Design
$224,800 $281,000 $224,800
LRSP (Action plan)$16,000 $20,000 $16,000
Subtotal Budget $240,800 $301,000 $240,800
As with all State funded aid projects, the City will be required to pay all project costs
as they are incurred and seek reimbursement from Caltrans for eligible costs. After the
execution of the Program Agreement, staff will prepare Request for Proposals
for consultants to assist the City with preparation of the SS4A planning grant
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 4. Improve Quality of Life- Evaluate and enhance
the quality of public safety services. Preparing an SS4A provides an opportunity to
address unique roadway safety needs in San Bernardino while contributing to the
success of the United States Department of Transportation safety projects.
Fiscal Impact
There is no General Fund Impact. The SS4A project total cost is $301,000 of which
80% of this project ($240,800) is funded through the Safe Street for All (SS4A) Grant
Program award provided through the U.S. Department of Transportation, with a local
match requirement of 20% ($60,200) provided through the Local Regional Circulation
Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-137, and
1. Authorize the City Manager, or designee, to execute a grant agreement and any
subsequent amendments with the U.S. Department of Transportation in the
amount of $240,800 for the Safe Streets and Roads for All (SS4A) Grant Program;
and
2. Authorize the Director of Finance & Management Services to amend and
appropriate the $240,800 Safe Street and Roads for All (SS4A) Grant Program
award in both revenues and expenditures to the Fiscal Year 2023 – 2024
Operating Budget; and
3. Authorize the Director of Finance & Management Services to amend and
appropriate $60,200 from the Local Regional Circulation Fund in expenditures to
the Fiscal Year 2023-2024 Operating Budget; and
4. Authorize the Director of Finance & Management Services to amend the Fiscal
Year 2023 – 2027 Capital Improvement Program to add the Safe Streets and
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Roads for All (SS4A) Grant Program to amend the Fiscal Year 2023 – 2027 Capital
Improvement Program to add the Safe Streets and Roads for All (SS4A) Grant
Program.
Attachments
Attachment 1-Resolution No. 2024-137
Attachment 2-Draft Agreement
Attachment 3- Grant Award Letter
Ward:
1; 2, 6
Synopsis of Previous Council Actions:
None
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Resolution No. 2024-137
June 5, 2024
Resolution No. 2024-137
Page 1 of 4
RESOLUTION NO. 2024-137
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE A GRANT AGREEMENT AND ANY
SUBSEQUENT AMENDMENTS WITH THE U.S.
DEPARTMENT OF TRANSPORTATION IN THE AMOUNT
OF $240,800 FOR THE SAFE STREETS AND ROADS FOR
ALL (SS4A) GRANT PROGRAM; AND AUTHORIZING
THE DIRECTOR OF FINANCE & MANAGEMENT
SERVICES TO AMEND AND APPROPRIATE THE $240,800
SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT
PROGRAM AWARD IN BOTH REVENUES AND
EXPENDITURES TO THE FISCAL YEAR 2023 – 2024
OPERATING BUDGET; AND AUTHORIZING THE
DIRECTOR OF FINANCE & MANAGEMENT SERVICES
TO AMEND AND APPROPRIATE $60,200 FROM THE
LOCAL REGIONAL CIRCULATION FUND IN
EXPENDITURES TO THE FISCAL YEAR 2023 – 2024
OPERATING BUDGET; AND AUTHORIZING THE
DIRECTOR OF FINANCE & MANAGEMENT SERVICES
TO AMEND THE FISCAL YEAR 2023 – 2027 CAPTIAL
IMPROVEMENT PROGRAM TO ADD THE SAFE
STREETS AND ROADS FOR ALL (SS4A) GRANT
PROGRAM.
WHEREAS, The Bipartisan Infrastructure Law (BIL) established the Safe Streets and
Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over 5 years,
2022-2026; and
WHEREAS, the City submitted a Safe Streets and Roads for All (SS4A) funding
application to United States Department of Transportation and was awarded $240,800 in
reimbursable grant funding for the project; and
WHEREAS, the City must provide a 20% match of local funds to the grant in the amount
of $60,200; and
WHEREAS, the United States Department of Transportation requires that the City
Council designate a signatory authority to execute project agreements and certifications for the
project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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Resolution No. 2024-137
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SECTION 1. The Mayor and City Council hereby authorize the City Manager, or
designee, to execute a grant agreement and any subsequent amendments with the U.S. Department
of Transportation in the amount of $240,800 for the Safe Streets for All (SS4A) Grant Program.
SECTION 2. The Director of Finance & Management Services is hereby authorized to
amend and appropriate the $240,800 Safe Street for All (SS4A) Grant Program award in both
revenues and expenditures to the Fiscal Year 2023 – 2024 operating budget.
SECTION 3. The Director of Finance & Management Service is hereby authorized to
amend and appropriate $60,200 from the Local Regional Circulation Fund in expenditures to the
Fiscal Year 2023-2024 operating budget.
SECTION 4. The Director of Finance & Management is hereby authorized to amend the
Fiscal Year 2023 – 2027 Capital Improvement Program to add the Safe Streets for All (SS4A)
Grant Program.
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
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-137
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-137
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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. 2024-137, adopted at a regular meeting held on the 5th day of June 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 6th day of June 2024.
Genoveva Rocha, CMC, City Clerk
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1. Federal Award No.2. Effective Date
See No. 17 Below
3. Assistance
Listings No.
20.939
4. Award To
City of San Bernardino
290 North D St, San Bernardino, CA 92401
Unique Entity Id.: EJLMR1CMKM7
TIN No.: 95-6000772
5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
6. Period of Performance
Effective Date of Award – 18
months
7. Total Amount
Federal Share:
Recipient Share:
Other Federal Funds:
Other Funds:
Total:
$240,800
$60,200
$0
$0
$301,000
8. Type of Agreement
Grant
9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)
10. Procurement Request No.11. Federal Funds Obligated
$240,800
12. Submit Payment Requests To
See Article 5.
14. Description of the Project
13. Accounting and Appropriations Data
[insert Data]
In order to address collisions along this segment of Baseline St between Meridian St and Tippecanoe
Ave. Certain measures will be studied during the planning stages; such as corner extension, high
visibility crosswalks, HAWK signals, and others. Local Roadway Safety Plan (LRSP) will be amended
for community engagement.
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RECIPIENT
15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Rochelle Clayton
Title: Acting City Manager
FEDERAL HIGHWAY ADMINISTRATION
16. Signature of Agreement Officer
______________________________________
Signature Date
Name:
Title: Agreement Officer
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM
This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway
Administration (the “FHWA”) and the City of San Bernardino, a California municipal corporation (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for
the Plan to Action: Revitalizing Roadway Safety in to San Bernardino.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General
Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,”,
which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.”
Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this
agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states
that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR
part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy
America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and
that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action,
termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to
the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and
performance system.
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ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title:
Plan to Action: Revitalizing Roadway Safety in San Bernardino
Application Date: 07/10/2023
2.2 Award Amount.
SS4A Grant Amount: $240,800
2.3 Federal Obligation Information.
Federal Obligation Type: Single
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Obligation Condition Table
Phase the Project Allocation of
the SS4A
Grant
Obligation Condition
Planning $240,800 The Recipient shall not expend any funds (Federal
or non-Federal) for, seek reimbursement of eligible
costs, or otherwise begin any part of the
construction or final design and construction of an
Implementation Project unless and until:
(1) The requirements of the National
Environmental Policy Act (42 U.S.C. § 4321 et
seq.) (“NEPA”), Section 106 of the National
Historic Preservation Act (16 U.S.C. § 470f)
(“NHPA”), and any other applicable environmental
laws and regulations have been met; and
(2) FHWA, or a State with applicable NEPA
Assignment authority, has approved the NEPA
document for the Project and provided the
Recipient with a written notice that the
environmental review process is complete; and
(3) FHWA has obligated additional funds for this
phase and notified the Recipient in writing that
the Recipient may proceed to the next activity
after NEPA approval, and the Recipient has
acknowledged receipt in writing of FHWA’s
notification. Recipient shall not proceed with
any such activities until (2) and (3) as described
in this section are met. Costs that are incurred
before (2) and (3) as described in this section
are met are not allowable costs under this
agreement.
Extent of activities that are permissible before
NEPA is complete are those activities
constituting “preliminary design” as specified
in FHWA Order 6640.1A.
2.4 Budget Period.
Budget Period: 18 months
2.5 Grant Designation.
Designation: Planning and Demonstration
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ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project’s Statement of Work.
In order to address collisions along this segment of Baseline St between Meridian St and Tippecanoe Ave. Certain
measures will be studied during the planning stages; such as corner extension, high visibility crosswalks, HAWK
signals, and others. The Local Roadway Safety Plan (LRSP) will be amended for community engagement. The project
will be completed in one/ phase as follows:
Base Phase: Supplemental planning for significant reduction or elimination of roadway fatalities and serious
injuries: Baseline St from Meridian Ave to Tippecanoe Ave will be studied to identify measurable impact
strategies and added as an amendment to the LRSP to prioritize reducing or eliminating roadway fatalities and
serious injuries. This Supplemental Planning element will encompass the approach methodology, concept
design, costs, data collection, and benefits of the proposed improvements. As well as conduct community
engagement to be reflected to the LRSP.
3.2 Project’s Estimated Schedule.
Action Plan Schedule
Milestone Schedule Date
Planned NEPA Completion Date:September 1, 2025
Planned Draft Plan Completion Date: June 1, 2025
Planned Final Plan Completion Date: January 2, 2026
Planned Final Plan Adoption Date:May 13, 2026
Planned SS4A Final Report Date:August 1, 2026
Supplemental Planning Schedule
Milestone Schedule Date
Planned NEPA Completion Date:September 1, 2025
Planned Draft Plan Completion Date: June 1, 2025
Planned Final Plan Completion Date: January 2, 2026
Planned Final Plan Adoption Date:May 13, 2026
Planned SS4A Final Report Date: August 1, 2026
3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount:$240,800
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Other Federal Funds:$0
State Funds:$0
Local Funds:$60,200
In-Kind Match:$0
Other Funds:$0
Total Eligible Project Cost:$240,800
(b) Cost Classification Table – Planning and Demonstration Grants with demonstration activities and
Implementation Grants Only
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s
approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify
FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect
Cost provision does not operate to waive the limitations on Federal funding provided in this document. The
Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total
obligated funding.
ARTICLE 4
RECIPIENT INFORMATION
4.1 Recipient Contact(s).
Azzam Jabsheh,PE
City Engineer
City of San Bernardino
209 N D St, San Bernardino, CA 92401
909-384-7251
jabsheh_az@sbcity.org
4.2 Recipient Key Personnel.
Name Title or Position
Azzam Jabsheh,PE City Engineer
Khari Kinermon Traffic Engineering Associate
Ryan Castillo Traffic Engineering Associate
4.3 USDOT Project Contact(s).
Safe Streets and Roads for All Program Manager
Federal Highway Administration
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Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-2822
SS4A.FHWA@dot.gov
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-493-2402
HCFASS4A@dot.gov
and
Elissa Konove – California
Agreement Officer’s Representative (AOR)
California Division
Federal Highway Administration
650 Capitol Mall, Suite 4-100
Sacramento, California
Phone: (916) 498-5001
ExecSecretariat.FHWA@dot.gov
and
Daniel Hawk
Local Programs Manager
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
Phone: 916-498-5849
Email: daniel.hawk@dot.gov
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants
Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is
awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the
Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through
200.327. Note: This clause is only applicable to grants that do not include construction.
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In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award,
the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of
any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the
acquisition of supplies, material, equipment, or general support services. Approval will be issued through
written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO. This list does
not include supplies, material, equipment, or general support services which are exempt from the pre-approval
requirements of this clause.
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if
those costs do not exceed the amount of funds obligated and are allowable under the applicable cost
provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently
than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment
office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient
shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement)
or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document
all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct
labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the
Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement,
the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the
Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress
on this agreement is sufficient to substantiate payment.
(e)In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT
would impose a hardship on the Recipient because of their inability to manage an account at a financial
institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for
disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System.
The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements
related to pursuing a waiver.
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing
requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT
obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions
and section 2.4 in this agreement.
6.2.The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws,
including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section
504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding
will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
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6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with
FHWA procedures.
6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Supplemental Action Plan
will be made publicly available and agrees that it will publish the final Supplemental Action Plan on a
publicly available website.
6.5 There are no other special grant requirements.
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ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: Baseline St from Meridian Ave to Tippecanoe Ave
Baseline Measurement Date:
Baseline Report Date:
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Safety Performance
[for Implementation Grants
and Planning and
Demonstration Grants with
demonstration activities]
Fatalities: Total annual fatalities in the
project location(s)
Annually and
within 120 days
after the end of the
period of
performance
Safety Performance
[for Implementation Grants
and Planning and
Demonstration Grants with
demonstration activities]
Serious Injuries: Total annual serious
injuries in the project location(s) [if
available]
Annually and
within 120 days
after the end of the
period of
performance
Equity
[for all Grants]
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
Within 120 days
after the end of the
period of
performance
Costs
[for all Grants]
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Outcomes and Benefits
[for Implementation Grants
and Planning and
Demonstration Grants with
demonstration activities]
Qualitative Project Benefits: Qualitative
description of evidence-based projects or
strategies implemented (e.g., narrative
descriptions, testimonials, high-quality
before and after photos, etc.)
Within 120 days
after the end of the
period of
performance
Outcomes and Benefits
[for Implementation Grants
and Planning and
Project Location(s): GIS/geo coordinate
information identifying specific project
location(s)
Within 120 days
after the end of the
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Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Demonstration Grants with
demonstration activities]
period of
performance
Lessons Learned and
Recommendations
[for all Grants]
Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.
Within 120 days
after the end of the
period of
performance
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ATTACHMENT B
CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope,
schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any
differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences.
See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert
“N/A” in Section 3.3 of the table.
Scope: The implementation and construction part of the application were not funded so the scope was reduced to be
only for supplemental action plan and planning activities.
Schedule: Reduced due to implementation not being funded.
Budget: Reduced to $240,800 due to implementation not being funded.
The table below provides a summary comparison of the project budget.
Application Section 3.3
Fund Source $%$%
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds $4,832,168.20 $240,800
Other Federal Funds
Non-Federal Funds $1,208,040.8 $60,200
Total Future Eligible Project
Costs
Total Project Costs $6,040,209 $301,000
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ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table align with the application:
A racial equity impact analysis has been completed for the Project. (Identify a
report on that analysis or, if no report was produced, describe the analysis and
its results in the supporting narrative below.)
X
The Recipient or a project partner has adopted an equity and inclusion
program/plan or has otherwise instituted equity-focused policies related to
project procurement, material sourcing, construction, inspection, hiring, or
other activities designed to ensure racial equity in the overall delivery and
implementation of the Project. (Identify the relevant programs, plans, or
policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear
parks, and multimodal mobility investments that either redress past barriers to
opportunity or that proactively create new connections and opportunities for
underserved communities that are underserved by transportation. (Identify the
relevant investments in the supporting narrative below.)
X
The Project includes new or improved walking, biking, and rolling access for
individuals with disabilities, especially access that reverses the disproportional
impacts of crashes on people of color and mitigates neighborhood bifurcation.
(Identify the new or improved access in the supporting narrative below.)
The Project includes new or improved freight access to underserved
communities to increase access to goods and job opportunities for those
underserved communities. (Identify the new or improved access in the
supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial
equity and reduce barriers to opportunity, as described in the supporting
narrative below.
X The Recipient has not yet taken actions related to the Project to improve racial
equity and reduce barriers to opportunity but intends to take relevant actions
described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improve racial
equity and reduce barriers to opportunity and will not take those actions under
this award.
2. Supporting Narrative.
The City recognizes that the LRSP must conduct additional community engagement at the neighborhood level
to solicit input from residents affected by these projects. The project will include a supplemental planning and
demonstration activities component to ensure the equitable inclusion of input from underserved communities
in the final project selection.
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ATTACHMENT D
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with “X” in the following table align with the application:
The Project directly supports a Local/Regional/State Climate Action Plan that
results in lower greenhouse gas emissions. (Identify the plan in the supporting
narrative below.)
The Project directly supports a Local/Regional/State Equitable Development
Plan that results in lower greenhouse gas emissions. (Identify the plan in the
supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study
that results in lower greenhouse gas emissions. (Identify the plan in the
supporting narrative below.)
X The Recipient or a project partner used environmental justice tools, such as the
EJScreen, to minimize adverse impacts of the Project on environmental justice
communities. (Identify the tool(s) in the supporting narrative below.)
The Project supports a modal shift in freight or passenger movement to reduce
emissions or reduce induced travel demand. (Describe that shift in the
supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion,
induced travel demand, and greenhouse gas emissions. (Describe those
strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle
infrastructure, or both. (Describe the incorporated infrastructure in the
supporting narrative below.)
The Project supports the installation of electric vehicle charging stations.
(Describe that support in the supporting narrative below.)
The Project promotes energy efficiency. (Describe how in the supporting
narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the
supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the
supporting narrative below.)
The Project avoids adverse environmental impacts to air or water quality,
wetlands, and endangered species, such as through reduction in Clean Air Act
criteria pollutants and greenhouse gases, improved stormwater management, or
improved habitat connectivity. (Describe how in the supporting narrative
below.)
The Project repairs existing dilapidated or idle infrastructure that is currently
causing environmental harm. (Describe that infrastructure in the supporting
narrative below.)
The Project supports or incorporates the construction of energy- and location-
efficient buildings. (Describe how in the supporting narrative below.)
The Project includes recycling of materials, use of materials known to reduce
or reverse carbon emissions, or both. (Describe the materials in the supporting
narrative below.)
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The Recipient has taken other actions to consider climate change and
environmental justice impacts of the Project, as described in the supporting
narrative below.
X The Recipient has not yet taken actions to consider climate change and
environmental justice impacts of the Project but will take relevant actions
described in the supporting narrative below.
The Recipient has not taken actions to consider climate change and
environmental justice impacts of the Project and will not take those actions
under this award.
2. Supporting Narrative.
The prioritized project sites are located in census tracts where 82% of the population is in an
underserved community, according to data from the Climate and Economic Justice Screening Tool
(CEJST). By providing safe alternative transportation options, such as bike lanes and pedestrian
infrastructure, the projects ensure that people can access critical community services, including education,
healthcare, job centers, and shopping destinations.
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ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards
The Recipient states that rows marked with “X” in the following table align with the application:
The Recipient demonstrate, to the full extent possible consistent with the law, an
effort to create good-paying jobs with the free and fair choice to join a union and
incorporation of high labor standards. (Identify the relevant agreements and
describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a project partner has adopted the use of local and economic
hiring preferences in the overall delivery and implementation of the Project.
(Describe the relevant provisions in the supporting narrative below.)
The Recipient or a project partner has adopted the use of registered
apprenticeships in the overall delivery and implementation of the Project.
(Describe the use of registered apprenticeship in the supporting narrative
below.)
The Recipient or a project partner will provide training and placement
programs for underrepresented workers in the overall delivery and
implementation of the Project. (Describe the training programs in the
supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a
union in the overall delivery and implementation of the Project by investing in
workforce development services offered by labor-management training
partnerships or setting expectations for contractors to develop labor-management
training programs. (Describe the workforce development services offered by
labor-management training partnerships in the supporting narrative below.)
The Recipient or a project partner will provide supportive services and cash
assistance to address systemic barriers to employment to be able to participate
and thrive in training and employment, including childcare, emergency cash
assistance for items such as tools, work clothing, application fees and other
costs of apprenticeship or required pre-employment training, transportation and
travel to training and work sites, and services aimed at helping to retain
underrepresented groups like mentoring, support groups, and peer networking.
(Describe the supportive services and/or cash assistance provided to trainees
and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in
place to hire from certain workforce programs that serve underrepresented
groups. (Identify the relevant agreements and describe the scope of activities
they cover in the supporting narrative below.)
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The Recipient or a project partner participates in a State/Regional/Local
comprehensive plan to promote equal opportunity, including removing barriers
to hire and preventing harassment on work sites, and that plan demonstrates
action to create an inclusive environment with a commitment to equal
opportunity, including:
a. affirmative efforts to remove barriers to equal employment
opportunity above and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor’s Office
of Federal Contract Compliance Programs to promote compliance
with EO 11246 Equal Employment Opportunity requirements and
meet the requirements as outlined in the Notice of Funding
Opportunity to make good faith efforts to meet the goals of 6.9
percent of construction project hours being performed by women
and goals that vary based on geography for construction work hours
and for work being performed by people of color;
c. no discriminatory use of criminal background screens and
affirmative steps to recruit and include those with former justice
involvement, in accordance with the Fair Chance Act and equal
opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex,
sexual orientation, gender identity, and national origin;
e. training on anti-harassment and third-party reporting procedures
covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees
and contractors.
(Describe the equal opportunity plan in the supporting narrative below.)
The Recipient has taken other actions related to the Project to create good-
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to create good-
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards but, before beginning construction of the project, will take
relevant actions described in the supporting narrative below.
X The Recipient has not taken actions related to the Project to improving good-
paying jobs and strong labor standards and will not take those actions under
this award.
2. Supporting Narrative.
Since this project is not a construction project the above table is not applicable.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Approve Final Tract Map No. 17329-4 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-110
1. Approving Final Tract Map No. 17329-4 (Subdivision 05-40) involving the
subdivision of the project site parcel (APN 0348-111-51) containing
approximately 24.68 acres into twenty (20) single family lots at the northwest
corner of N. Little League Drive and W. Ohio Avenue; and
2. Accepting the public dedications as set forth on said map in attachment No.2;
and
3. Authorizing execution of the standard form of agreement for the subdivision
improvements.
Executive Summary
On May 9, 2023, the Planning Commission approved Development Permit Type-P 22-
06, allowing the development of 20 single-family residences on a project site containing
approximately 24.68 acres within previously approved Tentative Tract Map 17329. The
proposed project consists of subdividing one parcel containing approximately 24.68
acres into twenty (20) single-family residential lots. Pursuant to the requirements of
Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development
Code and the Subdivision Map Act, the applicant has submitted a Final Map. The City
Engineer has reviewed the proposed Final Map for Tract No. 17329-4 and determined
that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances
regarding subdivisions, and all conditions of approval, and therefore recommend the
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approval of the Final Map by the Mayor and City Council.
Background
On February 22, 2006, the Planning Commission adopted a Mitigated Negative
Declaration for the approval of Subdivision 05-40 (Tentative Tract Map 17329) allowing
the subdivision of a parcel containing approximately 55.76 acres into 94 single family
lots. On September 22, 2020, the Planning Commission approved Development Permit
Type-P 20-05, allowing the development of 74 single-family residences on a project
site containing approximately 31.08 acres within previously approved Tentative Tract
map 17329. On May 9, 2023, the Planning Commission approved Development Permit
Type-P 22-06, allowing the development of 20 single-family residences on a project
site containing approximately 24.68 acres within previously approved Tentative Tract
Map 17329.
Discussion
The proposed project consists of subdividing one parcel containing a total of
approximately 24.68 acres into twenty (20) single-family residential lots. The proposed
single-family lots are part of a planned residential development, which was approved
on May 9, 2023, by the Planning Commission as Development Permit Type-P 22-06
per Resolution 2023-020.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of
San Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Map for Mayor and City Council action and final acceptance. The
City Engineer has reviewed the proposed Final Map for Tract No. 17329-4 and
determined that the Final Map is in compliance with the Subdivision Map Act, the City’s
ordinances regarding subdivisions, and all conditions of approval.
2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 17329-4 aligns with
Goal No. 1 Improved Operational & Financial Capacity. Specifically, the transformation
of existing vacant underutilized properties into productive single-family residential lots
for the purpose of developing single-family residential homes meets the City’s economic
development goals.
Fiscal Impact
There will be no fiscal impact. All public infrastructure improvements required for this
subdivision will be constructed by the developer at its sole cost. City services will be
provided to this project similar to other residential projects in the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-110
1. Approving Final Tract Map No. 17329-4 (Subdivision 05-40) involving the
subdivision of the project site parcel (APN 0348-111-51) containing
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approximately 24.68 acres into twenty (20) single family lots at the northwest
corner of N. Little League Drive and W. Ohio Avenue; and
2. Accepting the public dedications as set forth on said map in attachment No.2;
and
3. Authorizing execution of the standard form of agreement for the subdivision
improvements
Attachments
Attachment 1 - Resolution 2024-110
Attachment 2 - Final Map for Tract 17329-4
Attachment 3 - Tract 17329-4 Improvement Agreement
Attachment 4 - Project Bonds
Attachment 5 - Resolution 2023-020
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
February 22, 2006 Planning Commission approved Subdivision 05-40
(Tentative Tract Map 17329).
May 9, 2023, Planning Commission approved Development Permit- P 22-06
and adopted Resolutions 2023-020 attached. May 9, 2023
Planning Commission approved Development Permit- P 22-06
and adopted Resolutions 2023-020 attached.
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Resolution No. 2024-110
Resolution 2024-110
June 5, 2024
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RESOLUTION NO. 2024-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 17329-4
(SUBDIVISION 05-40) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 24.68
ACRES INTO 20 SINGLE-FAMILY RESIDENTIAL LOTS
LOCATED ON THE NORTHWEST CORNER OF N. LITTLE
LEAGUE DRIVE AND W. OHIO AVENUE; ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF THE SUBDIVISION
IMPROVEMENTS.
WHEREAS, On February 22, 2006, the Planning Commission adopted a Mitigated
Negative Declaration for the approval of Subdivision 05-40 (Tentative Tract Map 17329) allowing
the subdivision a parcel containing approximately 55.76 acres into 94 single family lots, and
WHEREAS, On September 22, 2020, the Planning Commission approved Development
Permit Type-P 20-05, allowing the development of 74 single-family residences on a project site
containing approximately 31.08 acres within previously approved Tentative Tract map 17329, and
WHEREAS, On November 18, 2022, the Planning Commission approved Development
Permit Type-P 22-06, allowing the development of 20 single-family residences on a project site
containing approximately 24.68 acres within previously approved Tentative Tract Map 17329, and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 17329
with conditions of approval, and has analyzed the Final Map for Tract No. 17329-4 in order to
ensure consistency between the approved Tentative Tract Map 17329 with adopted conditions of
approval and the final map requirements, and has determined that the Final Map for Tract No.
17329-4 has been found to be in substantial conformance with the approved Tentative Tract Map
17329, and
WHEREAS, the Mayor and City Council find that proposed Tract Map 17329-4, located
on the northwest corner of N. Little League Drive and W. Ohio Avenue within the Residential
Medium (RM) zone together with the provisions of their design and improvement is consistent
with the General Plan of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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Resolution No. 2024-110
Resolution 2024-110
June 5, 2024
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SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the
standard form Subdivision Improvement Agreement with Verdemont Ranch 20, LLC. attached
and incorporated herein as Attachment 3, for the improvements in said Tract Map as required by
Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time
for performance is as specified in the Agreement. Said improvements are specifically described
and shown on Drawings approved and on file in the office of the Public Works Department of the
City of San Bernardino.
SECTION 3. A Mitigated Negative Declaration was adopted with the approval of
Subdivision 05-40 (Tentative Tract Map 17329) on February 22, 2006. No further changes to the
environmental conditions of the subject site or the proposed subdivision have occurred. Therefore,
the previous environmental determination adopted for Subdivision 05-40 (Tentative Tract map
17329) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the
California environmental Quality Act.
SECTION 4.The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the
Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-110
Resolution 2024-110
June 5, 2024
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Approved as to form:
Best Best & Krieger LLP, City Attorney
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Resolution No. 2024-110
Resolution 2024-110
June 5, 2024
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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. 2024-110, adopted at a regular meeting held on the 15th day of May 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 15th day of May 2024.
Genoveva Rocha, CMC, City Clerk
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\\
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
By: ____________ _ Genoveva Rocha, CMC, City Clerk
Approved as to form:
By:
Best Best & Krieger, City Attorney
CITY OF SAN BERNARDINO
By:
Rochelle Clayton, Acting City
Manager City of San Bernardino
SUBDIVIDER:
VERDEMONT RANCH 20 LLC
By: �/4,6/f
Felizardo Robles, Jr. President of JEC
Enterprises, Inc, Its Mgr
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Award of Agreement for Construction for Guadalupe
Field at Sal Saavedra Park Revitalization Project
(Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-138:
1.Approving the award of an Agreement with RG General Engineering, Inc. in
the amount of $1,388,937 for the revitalization of Guadalupe Field at Sal
Saavedra Park (Project); and
2.Authorizing the project construction contingencies, construction management,
and administrative costs in the total amount of $278,000 for construction of the
Project; and
3.Authorizing the Director of Finance and Management Services to amend the FY
2023/24 CIP budget with an additional $863,851 from available City ARPA funds
to bring the total project budget to $1,666,937.67.
4.Authorizing the City Manager or designee to execute all documents with RG
General Engineering, Inc.; and
5.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Executive Summary:
Approving the Construction Agreement for the Construction of the Guadalupe Field at
Sal Saavedra Park Revitalization Project would improve the safety, usability, and overall
quality of the facility. By undertaking this project, the City aims to foster community
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engagement, physical activity, and social interaction at the park.
The agreement will include the construction fee of $1,388,937. Additional funds are
recommended for construction contingencies, construction management, and
administrative costs in the amount of $278,000. The total cost of construction,
construction contingencies, construction management, and administrative costs is
$1,666,937.67. Approving an additional $863,851 from available City ARPA funding
would fund the estimated cost of the project.
Background
The Public Works Department is responsible for maintaining all City parks. Guadalupe
Field at Sal Saavedra Park, located at 780 N Roberds Avenue, is a City-owned 2.3-
acre park that includes a baseball field with a concession stand, score keeper area,
restroom facilities, and parking lot.
On June 1, 2022, the Mayor and City Council adopted Resolution No. 2022-102
approving the Fiscal Year 2023 and Fiscal Year 2024 Operating Budget and Capital
Improvement Program 2023-2027. The budget included CIP Project for Guadalupe
Field Upgrades (Project) of which $995,000 in ARPA funding from the County of San
Bernardino was received for this Project.
On June 21, 2023, the Mayor and City Council approved the award of the design
services agreement with RHA Landscape Architects Planners, Inc. in the amount of
$183,465 for the revitalization of Guadalupe Field at Sal Saavedra Park.
Costs Amount
Original CIP ARPA $995,000.00
Design RHA $183,465.00
Staff Admin $8,448.33
Total Remaining $803,086.67
Discussion
The Project was advertised for public bidding on May 7, 2024, on PlanetBids.
One sealed bid was received, and opened on May 21, 2024, as follows:
Bidder City Base Bid
RG General Engineering, Inc.Norco, CA $1,388,937
Staff has completed the bid evaluation and determined that RG General Engineering,
Inc. of Norco, California, is a responsive bidder with a total base bid amount of
$1,388,937.
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In addition to these construction costs, staff anticipate the need for additional funding
to provide for construction contingencies, construction management, and
administrative costs in the amount of $278,000.
The total project cost including construction, construction contingencies, construction
management, and administrative costs is $1,666,937.67.
Existing funding was provided in the amount of $995,000 from County ARPA funds.
The current County ARPA balance is approximately $803,086.67. An additional
$863,851 would be necessary to complete the construction of the items included in
the project base bid. Staff recommends the use of available City ARPA funds to cover
this funding need.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.4: Economic Growth & Development.
Completion of this project will improve park assets by providing ADA compliant features
and improvements to the baseball field to provide a safe and well-maintained
community park.
Fiscal Impact
The fiscal impact of allocating additional funds from the City’s ARPA allotment is to
increase the City’s Adopted FY 2022/23-2023/24 Budget by $863,851.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-138:
1.Approving the award of an Agreement with RG General Engineering, Inc. in
the amount of $1,388,937 for the revitalization of Guadalupe Field at Sal
Saavedra Park (Project); and
2.Authorizing the project construction contingencies, construction management,
and administrative costs in the total amount of $278,000 for construction of the
Project; and
3.Authorizing the Director of Finance and Management Services to amend the FY
2023/24 CIP budget with an additional $863,851 from available City ARPA funds
to bring the total project budget to $1,666,937.67.
4.Authorizing the City Manager or designee to execute all documents with RG
General Engineering, Inc.; and
5.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
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Attachments
Attachment 1 Resolution No. 2024-138
Attachment 2 Agreement with RG General Engineering, Inc.
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:
Ward 1
Synopsis of Previous Council Actions:
June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102
approving Fiscal Year 2023 & Fiscal Year 2024 Operating
Budget and Capital Improvement Program FY 2023-2027.
June 21, 2023 Mayor and City Council approved the award of the design
services agreement with RHA Landscape Architects Planners,
Inc. in the amount of $183,465 for the revitalization of
Guadalupe Field at Sal Saavedra Park
Packet Page. 1058
Resolution No. 2024-138
Resolution 2024-138
June 5, 2024
Page 1 of 3
4
8
7
1
RESOLUTION NO. 2024-138
APPROVE THE AWARD OF AN AGREEMENT WITH RG
GENERAL ENGINEERING, INC. IN THE AMOUNT OF
$1,388,937 FOR THE REVITILIZATION OF GUADALUPE
FIELD AT SAL SAAVEDRA PARK (PROJECT); AND
AUTHORIZE THE PROJECT CONSTRUCTION
CONTINGENCIES, CONSTRUCTION MANAGEMENT,
AND ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT
OF $278,000 FOR CONSTRUCTION OF THE PROJECT;
AND AUTHORIZE THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
CIP BUDGET WITH AN ADDITIONAL $863,851 FROM
AVAILABLE CITY ARPA FUNDS TO BRING THE TOTAL
PROJECT BUDGET TO $1,666,937.67; AND AUTHORIZE
THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS WITH RG GENERAL ENGINEERING, INC.;
AND AUTHORIZE THE CITY MANAGER OR DESIGNEE
TO EXPEND THE CONTINGENCY FUND, IF NECESSARY,
TO COMPLETE THE PROJECT.
WHEREAS, the City desires to improve Sal Saavedra Park (Guadalupe Field)
accessibility and amenities to improve community engagement, physical activity, and social
interaction; and
WHEREAS, on June 1, 2022, Mayor and City Council adopted Resolution No. 2022-102
approving Fiscal Year 2023 & Fiscal Year 2024 Operating Budget and Capital Improvement
Program FY 2023-2027, of which $995,000 in ARPA funding from the County of San Bernardino
was received for this 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 Mayor and City Council hereby authorize the City Manager to approve
the award of an Agreement with RG General Engineering, Inc. in the amount of $1,388,937 for
the revitalization of Guadalupe Field at Sal Saavedra Park (Project).
SECTION 3. The Mayor and City Council hereby authorize the project construction
contingencies, construction management, and administrative costs in the total amount of $278,000
for construction of the Project.
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Resolution No. 2024-138
Resolution 2024-138
June 5, 2024
Page 2 of 3
4
8
7
1
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2023/24 CIP budget with an additional $863,851 from
available City ARPA funds to bring the total project budget to $1,666,937.67.
SECTION 5. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents with RG General Engineering, Inc.
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-138
Resolution 2024-138
June 5, 2024
Page 3 of 3
4
8
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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. 2024-138, adopted at a regular meeting held on the 5th day of June 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
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Guadalupe Field at Sal Saavedra Park Revitalization -1-00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. PR 23-005 is made and entered into this Fifth
day of June, 2024 by and between the CITY OF SAN BERNARDINO, with its principal place of
business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes
hereinafter called the “City” and RG General Engineering, Inc., sometimes hereinafter called
“Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of the
Work required in strict compliance with the Contract Documents as specified in Article 5, below,
for the following Project:
Gudalupe Field Sal Saavedra Park Revitalization
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within 120 calendar days from the commencement date stated in the
Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth
above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes and costs, the sum of One Million Three Hundred Eighty-Eight Thousand Nine
Hundred Thirty-Seven Dollars ($1,388,937). Payment shall be made as set forth in the General
Conditions. The City will pay to Contractor compensation based upon the prices set forth in the
Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond
the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages
and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may
deduct that amount from any money due or that may become due the Contractor under the
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Guadalupe Field at Sal Saavedra Park Revitalization -2-00 52 13 – CONTRACT FOR CONSTRUCTION
Contract. This Section does not exclude recovery of other damages specified in the Contract
Documents. Liquidated damages may be deducted from progress payments due Contractor,
Project retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from
terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
•Notice Inviting Bids
•Instructions to Bidders
•Bid Forms
•Bid Acknowledgement
•Bid Schedule
•Bid Guarantee
•Designation of Subcontractors
•Information Required of Bidders
•Non-Collusion Declaration Form
•Iran Contracting Act Certification
•Public Works Contractor DIR Registration Certification
•Performance Bond
•Payment (Labor and Materials) Bond
•Contract for Construction
•General Conditions
•Special Conditions
•Specifications
•Addenda
•Construction Plans and Drawings
•Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
•Applicable Local Agency Standards and Specifications, as last revised
•Reference Specifications
•Compliance with American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery
Fund (CLFRF) Federal Guidelines use of ARPA CLFRF and Requirements
•Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
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Guadalupe Field at Sal Saavedra Park Revitalization -3-00 52 13 – CONTRACT FOR CONSTRUCTION
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal
Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
(“CSLFRF”) program, will be used to fund all or a portion of the Work under the Contract
Documents. As applicable, Contractor shall comply with all federal requirements including, but
not limited to, the following, all of which are expressly incorporated herein by reference:
(1) Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the “Act”);
(2) U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
(3) Treasury Compliance and Reporting Guidance for the Act;
(4) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of
the Treasury may determine are inapplicable to the CSLFRF program and subject to such
exceptions as may be otherwise provided by the U.S. Department of the Treasury;
(5) Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
(6) Other federal contract provisions attached to these Contractor Provisions as
“COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL
FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES USE OF ARPA CLFRF AND
REQUIREMENTS.”
Subcontracts, if any, shall contain a provision making them subject to all of the federal provisions
stipulated in the Contract Documents. With respect to any conflict between such federal
requirements and the terms of these Contract Documents and/or the provisions of state law and
except as otherwise required under federal law or regulation, the more stringent requirement shall
control.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained online at
http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
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Guadalupe Field at Sal Saavedra Park Revitalization -4-00 52 13 – CONTRACT FOR CONSTRUCTION
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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Guadalupe Field at Sal Saavedra Park Revitalization -5-00 52 13 – CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN BERNARDINO
By:
Rochelle Clayton
Acting City Manager
ATTEST:
By:
Genoveva Roca, CMC, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
RG GENERAL ENGINEERING, INC.
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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Guadalupe Field at Sal Saavedra Park Revitalization -6-00 52 13 – CONTRACT FOR CONSTRUCTION
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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 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
Packet Page. 1067
Guadalupe Field at Sal Saavedra Park Revitalization -7-00 61 13 – BOND FORMS
00 61 13 – BOND FORMS
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 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.
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Guadalupe Field at Sal Saavedra Park Revitalization -8-00 61 13 – BOND FORMS
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]
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Guadalupe Field at Sal Saavedra Park Revitalization -9-00 61 13 – BOND FORMS
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)
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Guadalupe Field at Sal Saavedra Park Revitalization -10-00 61 13 – BOND FORMS
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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 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.
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Guadalupe Field at Sal Saavedra Park Revitalization -11-00 61 13 – BOND FORMS
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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 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
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Guadalupe Field at Sal Saavedra Park Revitalization -12-00 61 13 – BOND FORMS
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 pertaining or relating
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
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Guadalupe Field at Sal Saavedra Park Revitalization -13-00 61 13 – BOND FORMS
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
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Guadalupe Field at Sal Saavedra Park Revitalization -14-00 61 13 – BOND FORMS
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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 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.
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Guadalupe Field at Sal Saavedra Park Revitalization -15-00 61 13 – BOND FORMS
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
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature 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
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00 72 00 – GENERAL CONDITIONS
ARTICLE 1 - TERMS; DEFINITIONS
1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the
terms listed below will have the meanings indicated which are applicable to both the
singular and plural thereof. In addition to terms specifically defined below, terms with
initial capital letters in the Contract Documents include references to identified
articles and paragraphs, and the titles of other documents or forms.
1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or
a tidal wave.
2. Addenda -- Written or graphic instruments issued prior to the submission of Bids
which clarify, correct, or change the Contract Documents.
3. Additional Work -- New or unforeseen work will be classified as “Additional Work”
when the Engineer determines that it is not covered by the Contract.
4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations,
permits, and licenses of any kind, issued by local, state or federal governmental
authorities or private authorities with jurisdiction (including utilities), to the extent
they apply to the Work.
5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting
forth the prices and other terms for the Work to be performed.
6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by
the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into
a written contract.
7. Bidder -- The individual or entity who submits a Bid directly to the City.
8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Times,
issued on or after the Effective Date of the Contract, in accordance with the
Contract Documents and in the form contained in the Contract Documents.
9. Change Order Request (“COR”) -- A request made by the Contractor for an
adjustment in the Contract Price and/or Contract Times as the result of a
Contractor-claimed change to the Work. This term may also be referred to as a
Change Order Proposal (“COP”), or Request for Change (“RFC”).
10. City’s Representative – The Director of Public Works, and acting through properly
authorized agents, such as the Engineer or such other agents acting within the
scope of the particular duties entrusted to them. Also sometimes referred to as
the “City’s Representative” or “Representative” in the Contract Documents. The
terms the City and Owner may be used interchangeably
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11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms
of the Contract. A demand for money or services by a third party is not a Claim.
12. Contract -- The entire integrated written agreement between the City and
Contractor concerning the Work. “Contract” may be used interchangeably with
“Agreement” in the Contract Documents. The Contract supersedes prior
negotiations, representations, or agreements, whether written or oral, and includes
all Contract Documents.
13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the
Contract for Construction. Some documents provided by the City to the Bidders
and Contractor, including but not limited to reports and drawings of subsurface and
physical conditions are not Contract Documents.
14. Contract Price -- Amount to be paid by the City to the Contractor as full
compensation for the performance of the Contract and completion of the Work,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs.
15. Contract Time -- The number of days or the dates stated in the Contract
Documents to: achieve defined milestones, if any; and to complete the Work so
that it is ready for final payment.
16. Contractor -- The individual or entity with which the City has contracted for
performance of the Work.
17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated
On-Site Representative will be identified by the Contractor and shall not be
changed without prior written consent of the City.
18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported
by documented proof that Contractor made every effort to obtain such materials
from all available sources; (b) such shortage is due to the fact that such materials
are not physically available from single or multiple sources or could have been
obtained only at exorbitant prices entirely inconsistent with current and standard
rates taking into account the quantities involved and the usual industry practices
in obtaining such quantities; and (c) such shortages and the difficulties in obtaining
alternate sources of materials could not have been known or anticipated by
Contractor at the time it submitted its bid or entered the Contract. Market
fluctuations in prices of materials, whether or not resulting from a Force Majeure
Event, does not constitute a Critical Supply Shortage.
19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full
compensation to the Contractor due to the City’s unreasonable delay to the Project
that was not contemplated by the parties.
20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not
conform to the Contract Documents; or that does not meet the requirements of any
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Guadalupe Field at Sal Saavedra Park Revitalization -18-00 72 00 – GENERAL CONDITIONS
inspection, reference standard, test, or approval referenced in the Contract
Documents.
22. Demobilization -- The complete dismantling and removal by the Contractor of all
of the Contractor’s temporary facilities, equipment, and personnel at the Site.
23. Drawings -- That part of the Contract Documents prepared by of the Engineer of
Record which graphically shows the scope, extent, and character of the Work to
be performed by Contractor. Shop Drawings and other Contractor Submittals are
not Drawings as so defined.
24. Effective Date of the Contract -- The date indicated in the Contract on which it
becomes effective, but if no such date is indicated, it means the date on which the
Contract is signed and delivered by the last of the two parties to sign and deliver.
25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer
authorized to act for and in behalf of the City, acting either directly or through
properly authorized agents, such agents acting severally within the scope of the
particular duties entrusted to them.
26. Force Majeure Event -- 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 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; (5) strikes and
other organized labor action occurring at the 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; and (6) a
Critical Supply Shortage. 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.
27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided
in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended
from time to time, or any substance or material identified as hazardous under any
state or federal statute governing handling, disposal and/or cleanup of any such
substance or material, whichever is more restrictive.
28. Holiday – Holidays occur on:
New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
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Guadalupe Field at Sal Saavedra Park Revitalization -19-00 72 00 – GENERAL CONDITIONS
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are
both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday
are both Holidays.
29. Notice of Award -- The written notice by the City to the Successful Bidder stating
that upon timely compliance by the Successful Bidder with the conditions
precedent listed therein, the City will sign and deliver the Contract.
30. Notice of Completion -- The form which may be executed by the City constituting
final acceptance of the Project.
31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date
on which the Contractor may proceed with the Work and when Contract Times will
commence to run.
32. Project -- The total construction of which the Work to be performed under the
Contract Documents may be the whole, or a part.
33. Record Drawings – The record set of as-builts prepared by the Contractor during
the Work in accordance with the requirements of the General Conditions.
34. Recyclable Waste Materials -- Materials removed from the Site which are required
to be diverted to a recycling center rather than an area landfill. Recyclable Waste
Materials include, but are not limited to, asphalt, concrete, brick, concrete block,
and rock.
35. Sample -- A physical example furnished by the Contractor to illustrate materials,
equipment or workmanship; to establish standards by which the Work will be
judged.
36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements to facilitate scheduled performance
of related construction activities.
37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data
or information which are specifically prepared or assembled by or for Contractor
and submitted by Contractor to illustrate some portion of the Work.
38. Site -- Lands or areas indicated in the Contract Documents as being furnished by
the City upon which the Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands furnished by the City which
are designated for the use of Contractor.
39. Specifications -- That part of the Contract Documents consisting of written
requirements for materials, equipment, systems, standards and workmanship as
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Guadalupe Field at Sal Saavedra Park Revitalization -20-00 72 00 – GENERAL CONDITIONS
applied to the Work, and certain administrative requirements and procedural
matters applicable thereto.
40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
41. Subcontractor -- An individual or entity other than a Contractor having a contract
with any other entity than the City for performance of any portion of the Work at
the Site.
42. Submittal -- Written and graphic information and physical samples prepared and
supplied by the Contractor demonstrating various portions of the Work.
43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom
the City makes an award.
44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish
materials or equipment used in the performance of the Work or to be incorporated
in the Work.
45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or
traffic or other control systems.
46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by
the Contractor in its Bid or as adjusted in accordance with the Contract Documents.
47. Warranty -- A guarantee provided to the City by the Contractor that the Work will
remain free of defects and suitable for its intended use for the period required by
the Contract Documents or the longest period permitted by the law of this state,
whichever is longer.
48. Work -- The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the
result of performing or providing all labor, services, and documentation necessary
to produce such construction, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract
Documents.
1.2 Terminology.
A. The words and terms below are not defined but, when used in the Contract
Documents, have the indicated meaning.
1. The word “furnish,” when used in connection with services, materials, or
equipment, shall mean to supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use or installation and in
usable or operable condition.
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2. The word “install,” when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials, or
equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services,
materials, or equipment, shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in
connection with services, materials, or equipment, an obligation of Contractor is
implied.
B. Unless stated otherwise in the Contract Documents, words or phrases that have a
well-known technical or construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will
execute the Contract, the Contractor shall furnish and file with the City a signed
Contract and the necessary Performance Bond, Payment Bond, and Certificates of
Insurance and Endorsements, as well as any other documents specified in the
Contract Documents.
2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract
Documents, duly executed by a responsible corporate surety admitted to transact
surety business in the State of California, as defined in Code of Civil Procedure
section 995.120, and listed in the United States Department of the Treasury circular
entitled "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies," authorized to do
business in the State of California and acceptable to the City conditioned upon the
faithful performance by the Contractor of all requirements of the Contract
Documents. Each of the bonds shall be in a sum no less than one hundred percent
(100%) of the Contract Price. Bonds shall be delivered to the City within ten (10)
Days after receipt of the Notice of Award and before execution of the Contract by
the City.
2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the
Notice of Award, the Contractor shall submit or cause to be submitted any and all
Certificates of Insurance and Endorsements, showing that the Contractor has the
required insurance, to the attention of the City. Such insurance is to be provided at
the sole cost and expense of the Contractor. No Work shall be performed until all of
the required insurance has been received and approved.
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Guadalupe Field at Sal Saavedra Park Revitalization -22-00 72 00 – GENERAL CONDITIONS
2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract,
establishing the Effective Date of the Contract.
2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain
the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to
the Contractor and award the Contract to the next lowest responsive, responsible
bidder as determined by the City. If the City elects to accept bonds and insurance
submitted late, the Contract Times will begin to run as of the date stated in the Notice
to Proceed. However, the number of days beyond the original ten (10) Days it took
to receive the properly executed Contract and related items may be deducted from
the Contract Times.
2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.
Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.
The Contract Times begin to run on the date specified in the Notice to Proceed. No
Work shall be done at the Site prior to the issuance of the Notice to Proceed.
2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract
Documents. Additional copies may be obtained at cost of reproduction. Contractor
shall maintain a clean, undamaged set of Contract Documents, including Submittals,
at the Project site.
2.8 Substitution Requests, Schedule of Submittals, and Schedule
A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless
otherwise specified in the Contract Documents), Contractor shall provide all
substitution requests as further described in Section 00 72 00, Article 6.5.
B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of
Proceed (unless otherwise specified in the Contract Documents), Contractor shall
submit to the City a Schedule of Submittals that conforms with the requirements of
Section 00 72 00, Article 5.21.
C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless
otherwise specified in the Contract Documents), the Contractor shall submit a
construction schedule that conforms with the requirements of Section 00 72 00,
Article 8.2.
2.9 Preconstruction Conference; Designation of Authorized Representatives.
A. Before any Work at the Site is started, a conference attended by the City, Contractor,
Engineer, and others as appropriate will be held to establish a working
understanding among the parties as to the Work and to discuss the schedules
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referred to herein, procedures for handling Submittals and Shop Drawings,
processing applications for payment, and maintaining required records.
B. At this conference the City and Contractor each shall designate, in writing, a specific
individual to act as its authorized representative with respect to the services and
responsibilities under the Contract. Such individuals shall have the authority to
transmit instructions, receive information, render decisions relative to the Contract,
and otherwise act on behalf of each respective party.
2.10 Subcontractor Mobilization Meeting.
A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the
involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the
schedule, coordination, procedures, and other administrative issues.
2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope
of the Contract, the Engineer has the authority to enforce compliance with the
Contract Documents. The Contractor shall promptly comply with instructions from
the Engineer.
B. The decision of the Engineer is final and binding on all questions relating to:
1. quantities;
2. acceptability of material, equipment, or work;
3. execution, progress or sequence of work;
4. interpretation of the Plans, Specifications, or other Contract Documents; and
5. Any other areas specifically identified in the Contract Documents or under the
law.
C. Compliance with instructions from the Engineer shall be a condition precedent to any
payment under the Contract, unless otherwise ordered by the Board.
2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work
in advance of construction operations and not directly attributable to any specific bid
item will be included in the progress estimate. When no bid item is provided for
mobilization payment for such costs will be deemed to be included in the other items
of the Work.
B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall
constitute full compensation for all such Work. No payment for mobilization will be
made until all of the listed items have been completed to the satisfaction of the
Engineer. The scope of the Work included under mobilization shall include, but shall
not be limited to, the following principal items:
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1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project Site of all Contractor’s plant and equipment required
for the first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities, as
applicable.
4. Establishing fire protection system, as applicable.
5. Developing and installing a construction water supply, as applicable.
6. Providing and maintaining the field office trailers for the Contractor, if
necessary, and the Engineer (if specified), complete, with all specified
furnishings and utility services.
7. Providing on-site sanitary facilities and potable water facilities as specified per
Cal-OSHA and these Contract Documents.
8. Furnishing, installing, and maintaining all storage buildings or sheds required
for temporary storage of products, equipment, or materials that have not yet
been installed in the Work. All such storage shall meet manufacturer’s
specified storage requirements, and the specific provisions of the
specifications, including temperature and humidity control, if recommended by
the manufacturer, and for all security.
9. Arranging for and erection of Contractor’s work and storage yard.
10. Posting all OSHA required notices and establishment of safety programs per
Cal-OSHA.
11. Full-time presence of Contractor’s superintendent at the job Site as required
herein.
12. Submittal of construction schedule as required by the Contract Documents.
ARTICLE 3 - CONTRACT DOCUMENTS; INTENT
3.1 Examination of Drawings, Specifications, and Site of Work
A. Examination of Contract Documents; Site. Before commencing any portion of the
Work, Contractor shall again carefully examine all applicable Contract Documents,
the Project Site, and other information given to Contractor as to materials and
methods of construction and other Project requirements. Contractor shall
immediately notify the Engineer of any potential error, inconsistency, ambiguity,
conflict, or lack of detail or explanation. If Contractor performs, permits, or causes
the performance of any Work which is in error, inconsistent or ambiguous, or not
sufficiently detailed or explained, Contractor shall bear any and all resulting costs,
including, without limitation, the cost of correction. In no case shall the Contractor
or any Subcontractor proceed with Work if uncertain as to the applicable
requirements.
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B. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict, or lack of detail or explanation, the Engineer will provide any required
additional instructions, by means of drawings or other written direction, necessary
for proper execution of Work.
C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best
quality of their respective kinds and the Contractor must use all diligence to inform
itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the
Contractor has varied from the requirements of the Contract Documents including
the requirement to comply with all Applicable Laws, the Engineer may at any time,
before or after completion of the Work, order the improper Work removed, remade
or replaced by the Contractor at the Contractor’s expense.
3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be
binding as if required by all. It is the intent of the Contract Documents to describe a
functionally complete Project (or part thereof) to be constructed in accordance with
the Contract Documents. Any labor, documentation, services, materials, or
equipment that reasonably may be inferred from the Contract Documents or from
prevailing custom or trade usage as being required to produce the indicated result
will be provided whether or not specifically called for, at no additional cost to the City.
B. The Contractor shall furnish, unless otherwise provided in the Contract Documents,
all materials, implements, machinery, equipment, tools, supplies and labor
necessary to the prosecution and completion of the Project.
C. Clarifications and interpretations of the Contract Documents shall be issued by the
Engineer as provided in these General Conditions.
D. If utilities to equipment/fixtures are not shown but are necessary to operate the
equipment/fixtures, the utilities service installation is considered to be part of the
Work. The implied Work will conform to the appropriate sections of the Contract
Documents.
E. Organization of the Contract Documents into divisions, sections, and articles, and
arrangement of drawings shall not control the Contractor in dividing Work among
Subcontractors or in establishing the extent of Work to be performed by any trade.
3.3 Reference Standards.
A. Standards, Specifications, Codes, Laws, and Regulations.
1. Reference to federal specifications, federal standards, other standards,
specifications, manuals, or codes of any technical society, organization, or
association, or to Applicable Laws, whether such reference be specific or by
implication, shall mean the standard, specification, manual, code, or Applicable
Laws in effect at the time of opening of Bids (or on the Effective Date of the
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Contract if there were no Bids), except as may be otherwise specifically stated in
the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any
instruction of a Supplier, shall be effective to change the duties or responsibilities
of the City, Contractor, or any of their Subcontractors, consultants, agents, or
employees, from those set forth in the Contract Documents. No such provision or
instruction shall be effective to assign to the City, or any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, any duty
or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract
Documents.
3.4 Reporting and Resolving Discrepancies; Order of Precedence.
A. Reporting Discrepancies.
1. The Contract Documents are intended to be fully cooperative and complementary.
Before undertaking each part of the Work, Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures therein
and all applicable field measurements. Contractor shall promptly report in writing
to the City any conflict, error, ambiguity, or discrepancy which Contractor
discovers, should have discovered, or has actual knowledge of, and shall obtain a
written interpretation or clarification from the City before proceeding with any Work
affected thereby. If, during the performance of the Work, Contractor discovers any
conflict, error, ambiguity, or discrepancy within the Contract Documents, or
between the Contract Documents and (i) any Applicable Law, (ii) any standard,
specification, manual, or code, or (iii) any instruction of any Supplier, then
Contractor shall promptly submit a written Request for Information (RFI) to the City.
Contractor shall not proceed with the Work affected thereby (except in an
emergency) until an amendment or supplement to the Contract Documents has
been issued by one of the methods indicated in the Contract Documents, and any
Work performed by Contractor before receipt of an amendment or supplement
shall be at Contractor’s own risk.
B. Order of Precedence.
1. In case of conflicts between the Contract Documents, the order of precedence
shall be as follows:
a. Permits from other agencies as may be required by law
b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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g. Construction Plans and Drawings (Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest
edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications
n. Standard Drawings
o. Reference Documents
2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings
3. Notwithstanding the orders of precedence established above, in the event of
conflicts, the higher standard, higher quality and most expensive shall always
apply.
3.5 Amending and Supplementing Contract Documents.
A. The Contract Documents may be amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and conditions thereof only by Change
Order or written amendment to the Contract duly executed by the parties.
B. The requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized at no cost to the City, by
one or more of the following ways:
1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request
without exception (subject to the provisions of the Contract Documents); or
2. The City’s issuance of a response to an RFI.
C. However, no review or RFI response will reduce or modify the Contractor’s obligation
to fully satisfy and comply with the requirements of the Contract Documents.
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3.6 Reuse of Documents.
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer of Record or its consultants, including electronic
media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on
extensions of the Project or any other project without written consent of the City
and Engineer of Record and specific written verification or adaptation by Engineer
of Record.
B. The prohibitions of this Article will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the
Contract Documents for record purposes.
ARTICLE 4 - INDEMNIFICATION; INSURANCE
4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses
or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited
to, injury to or death, including wrongful death, of any person, and damages to or
destruction of property of any person, arising out of, related to, or in any manner
directly or indirectly connected with the Work or this Contract, including claims
made by subcontractors for nonpayment, including without limitation the payment
of all consequential damages and attorney’s fees and other related costs and
expenses, however caused, regardless of whether the allegations are false,
fraudulent, or groundless, and regardless of any negligence of the City or its
officers, employees, or authorized volunteers (including passive negligence),
except the sole negligence or willful misconduct or active negligence of the City or
its officials, officers, employees, or authorized volunteers.
2. Contractor’s defense and indemnity obligation herein includes, but is not limited to
damages, fines, penalties, attorney’s fees and costs arising from claims under the
Americans with Disabilities Act (ADA) or other federal or state disability access or
discrimination laws arising from Contractor’s Work during the course of
construction of the improvements or after the Work is complete, as the result of
defects or negligence in Contractor’s construction of the improvements.
3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or regulation,
compliance with which is the responsibility of Contractor;
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4. Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of them
may incur with respect to the failure, neglect, or refusal of Contractor to faithfully
perform the Work and all of Contractor’s obligations under Contract. Such costs,
expenses, and damages shall include all costs, including attorney’s fees, incurred
by the indemnified parties in any lawsuit to which they are a party.
B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, 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, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees and representatives, in any
such suit, action or other legal proceeding. Contractor shall reimburse the City, its
officials, officers, agents, employees and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. The only limitations on this provision shall be those
imposed by Civil Code section 2782.
C. The provisions of this Article shall survive the termination of this Contract howsoever
caused, and no payment, partial payment, or acceptance of occupancy in whole or
part of the Work shall waive or release any of the provisions of this Article.
4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain
all of the insurance described in this Article. Contractor shall not commence Work under this
Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required hereunder. 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 Article. Failure to provide and maintain all required
insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall
furnish the City with original certificates of insurance and endorsements effective 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 acceptable to the City. All certificates and endorsements must
be received and approved by the City before Work commences.
A.Additional Insureds; Waiver of Subrogation. The City, its officials, officers,
employees, agents and authorized volunteers shall be named as Additional Insureds
on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies
of Commercial General Liability and Automobile Liability insurance using, for
Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20
10 and 20 37 (or endorsements providing the exact same coverage, including
completed operations), and, for subcontractors’ policies of Commercial General
Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same
coverage). Notwithstanding the minimum limits set forth in this Contract for any type
of insurance coverage, all available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
Additional Insureds hereunder. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against the City, its
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officers, officials, agents, employees or volunteers or shall specifically allow
Contractor - or others providing insurance evidence in compliance with these
specifications - to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against the City, and shall require similar written
express waivers and insurance clauses from each of its subcontractors. Copies of
these waivers shall be submitted to the City prior to commencement of work.
B.Workers’ Compensation Insurance. The Contractor shall provide workers’
compensation insurance for all of the employees engaged in Work under this
Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall
require the subcontractor similarly to provide workers’ compensation insurance for
all the latter’s employees as prescribed by State law. Any class of employee or
employees not covered by a subcontractor’s insurance shall be covered by the
Contractor’s insurance. In case any class of employees engaged in work under this
Contract, on or at the Site, is not protected under the Workers’ Compensation
Statutes, the Contractor shall provide or shall cause a subcontractor to provide,
adequate insurance coverage for the protection of such employees not otherwise
protected. The Contractor is required to secure payment of compensation to his
employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance protecting workers.
Company or companies providing insurance coverage shall be acceptable to the
City, if in the form and coverage as set forth in the Contract Documents.
C.Employer’s Liability Insurance. Contractor shall provide Employer’s Liability
Insurance, including Occupational Disease, in the amount of at least one million
dollars ($1,000,000.00) per person per accident. Contractor shall provide the City
with a certificate of Employer’s Liability Insurance. Such insurance shall comply with
the provisions of the Contract Documents. The policy shall be endorsed, if
applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and
contain a Waiver of Subrogation in favor of the City.
D.Commercial General Liability Insurance. Contractor shall provide “occurrence”
form Commercial General Liability insurance coverage at least as broad as the most
current ISO CGL Form 00 01, including but not limited to, premises liability,
contractual liability, products/completed operations, personal and advertising injury
which may arise from or out of Contractor’s operations, use, and management of the
Site, or the performance of its obligations hereunder. The policy shall not contain
any exclusion contrary to this Contract including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to
ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured
against another. Policy limits shall not be less than $2,000,000 per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit. Defense costs shall be
paid in addition to the limits.
1. Such policy shall comply with all the requirements of this Article. The limits set forth
herein shall apply separately to each insured against whom claims are made or
suits are brought, except with respect to the limits of liability. Further the limits set
forth herein shall not be construed to relieve the Contractor from liability in excess
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of such coverage, nor shall it limit Contractor’s indemnification obligations to the
City, and shall not preclude the City from taking such other actions available to the
City under other provisions of the Contract Documents or law.
2. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including
death, property damage, personal injury, owned and non-owned equipment,
blanket contractual liability, completed operations liability, explosion, collapse,
under-ground excavation, removal of lateral support, and other covered loss,
however occasioned, occurring during the policy term, and shall specifically insure
the performance by Contractor of that part of the indemnification contained in these
General Conditions relating to liability for injury to or death of persons and damage
to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 50% of any
aggregate limit has been paid or reserved, the City may require additional
coverage to be purchased by Contractor to restore the required limits. Contractor
may combine primary, umbrella, and as broad as possible excess liability coverage
to achieve the total limits indicated above. Any umbrella or excess liability policy
shall include the additional insured endorsement described in the Contract
Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby
waive any right of subrogation which any insurer of Contractor may acquire from
Contractor by virtue of the payment of any loss.
E.Automobile Liability Insurance. Contractor shall provide Automobile Liability
Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least,
one million dollars ($1,000,000) per accident for bodily injury and property damage.
Such insurance shall provide coverage 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, in a form and with
insurance companies acceptable to the City. All policies of automobile insurance
shall permit and Contractor does hereby waive any right of subrogation which any
insurer of Contractor may acquire from Contractor by virtue of the payment of any
loss.
F.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.
G.Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work,
Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with
insurance companies acceptable to City, in the amount of, at least, one million dollars
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($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily
injury and property damage.
H.Builder ’s Risk [“All Risk”]
1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s
Risk [“All Risk”] extended coverage insurance on all work, material, equipment,
appliances, tools, and structures that are or will become part of the Work and
subject to loss or damage by fire, and vandalism and malicious mischief, in an
amount to cover 100% of the replacement cost. The City accepts no responsibility
for the Work until the Work is formally accepted by the City. The Contractor shall
provide a certificate evidencing this coverage before commencing performance of
the Work.
2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding
those solely responsible for design work), suppliers, and the City, its elected
officials, officers, employees, agents and authorized volunteers, as their interests
may appear. Contractor shall not be required to maintain property insurance for
any portion of the Work following acceptance by the City.
3. Policy shall be provided for replacement value on an “all risk” basis. There shall
be no coinsurance penalty provision in any such policy. Policy must include: (1)
coverage for any ensuing loss from faulty workmanship, nonconforming work,
omission or deficiency in design or specifications; (2) coverage against machinery
accidents and operational testing; (3) coverage for removal of debris, and insuring
the buildings, structures, machinery, equipment, materials, facilities, fixtures and
all other properties constituting a part of the Project; (4) transit coverage, including
ocean marine coverage (unless insured by the supplier), with sub-limits sufficient
to insure the full replacement value of any key equipment item; and (5) coverage
with sub-limits sufficient to insure the full replacement value of any property or
equipment stored either on or off the Site. Such insurance shall be on a form
acceptable to the City to ensure adequacy and sublimit.
4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit.
c. Coverage shall include Contractor’s tools and equipment.
d. Insurance shall include boiler, machinery and material hoist coverage.
I. Contractor shall require all tiers of Subcontractors working under this Contract to
provide the insurance required under this Article unless otherwise agreed to in
writing by the City. Contractor shall make certain that any and all Subcontractors
hired by Contractor are insured in accordance with this Contract. If any
Subcontractor’s coverage does not comply with the foregoing provisions, Contractor
shall indemnify and hold the City harmless from any damage, loss, cost, or expense,
including attorneys’ fees, incurred by the City as a result thereof.
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J. Notwithstanding the minimum limits set forth in this Contract for any type of
insurance coverage, if Contractor maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City.
K.Form and Proof of Carriage of Insurance
1. Any insurance carrier providing insurance coverage required by the Contract
Documents shall be admitted to and authorized to do business in the State of
California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall
have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self-
insured retentions must be declared by the Contractor. At the election of the City
the Contractor shall either 1) reduce or eliminate such deductibles or self-insured
retentions, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses. If umbrella
or excess liability coverage is used to meet any required limit(s) specified herein,
the Contractor shall provide a “follow form” endorsement satisfactory to the City
indicating that such coverage is subject to the same terms and conditions as the
underlying liability policy.
2. Each insurance policy required by this Contract shall be endorsed to state that: (1)
coverage shall not be suspended, voided, reduced or cancelled 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, officers, agents, employees, and volunteers.
3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to
contain the covenant of the insurance carrier(s) that it shall provide no less than
thirty (30) days written notice be given to the City prior to any material modification
or cancellation of such insurance. In the event of a material modification or
cancellation of coverage, the City may terminate the Contract or stop the Work in
accordance with the Contract Documents, unless the City receives, prior to such
effective date, another properly executed original Certificate of Insurance and
original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage’s set forth herein and
the insurance required herein is in full force and effect. Contractor shall not take
possession, or use the Site, or commence operations under this Contract until the
City has been furnished original Certificate(s) of Insurance and certified original
copies of endorsements or policies of insurance including all endorsements and
any and all other attachments as required in this Article. The original
endorsements for each policy and the Certificate of Insurance shall be signed by
an individual authorized by the insurance carrier to do so on its behalf.
4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and
shall be construed as primary, and the City’s insurance and/or deductibles and/or
self-insured retentions or self-insured programs shall not be construed as
contributory.
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5. The City reserves the right to adjust the monetary limits and types of insurance
coverages during the term of this Contract including any extension thereof if, in the
City’s reasonable judgment, the amount or type of insurance carried by the
Contractor becomes inadequate.
6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and
all insurance claims submitted by the Contractor in connection with the Work under
this Contract.
7. Products/completed operations coverage shall extend a minimum of three years
after the project completion. Coverage shall be included on behalf of the insured
for covered claims arising out of the actions of independent contractors. If the
insured is using subcontractors, the policy must include work performed “by or on
behalf” of the insured. Policy shall contain no language that would invalidate or
remove the insurer’s duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on
the part of the insurer. The City, its officers, officials, agents employees, and
volunteers shall be included as insureds under the policy.
ARTICLE 5 - CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS
5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws
applicable to the performance of the Work. Except where otherwise expressly
required by Applicable Laws, neither the City nor the City’s Representative shall be
responsible for monitoring Contractor’s compliance with any Applicable Laws. If
Contractor performs any Work knowing or having reason to know that it is contrary
to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work.
5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and
paid for by Contractor, including, but not limited to, excavation permit, for plumbing,
mechanical and electrical work and for operations in or over public streets or right of
way under jurisdiction of public agencies other than the City, unless otherwise
specified in the Contract Documents.
B. The Contractor shall arrange and pay for all off-site inspection of the Work related to
permits and licenses, including certification, required by the specifications, drawings,
or by governing authorities, except for such off-site inspections delineated as the
City’s responsibility pursuant to the Contract Documents.
C. Before acceptance of the Work, the Contractor shall submit all licenses, permits,
certificates of inspection and required approvals to the City.
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5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be
paid in accordance with the Applicable Laws of the place of the Project which are
applicable during the performance of the Work. In accordance with Revenue and
Taxation Code section 107.6, the Contract Documents may create a possessory
interest subject to personal property taxation for which Contractor will be
responsible.
5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic
control shall be performed at Contractor’s expense in accordance with the
requirements of the City and/or the local agency with jurisdiction. Costs for traffic
control plans, implementation of traffic control, or traffic signal services required by
the City shall be included in the Contractor’s Bid.
B. All warning signs and safety devices used by the Contractor to perform the Work
shall conform to the requirements contained in the State of California, Department
of Transportation’s current edition of “Manual of Traffic Controls for Construction and
Maintenance Work Zones” or to the requirements of the local agency. The Contractor
shall also be responsible for all traffic control required by the agency having
jurisdiction over the Project on the intersecting streets. Contractor must submit a
traffic control plan to the agency having jurisdiction over the Project for approval prior
to starting Work.
C. The Contractor’s representative on the site responsible for traffic control shall
produce evidence that he/she has completed training acceptable to the California
Department of Transportation for safety through construction zones. All of the streets
in which the Work will occur shall remain open to traffic and one lane of traffic
maintained at all times unless otherwise directed by the agency of jurisdiction.
Businesses and residences adjacent to the Work shall be notified forty-eight (48)
hours in advance of closing of driveways. The Contractor shall make every effort to
minimize the amount of public parking temporarily eliminated due to construction in
areas fronting businesses. No stockpiles of pipe or other material will be allowed in
traveled right-of-ways after working hours unless otherwise approved by the
Engineer.
5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in
connection with the Work. Such responsibility does not relieve Subcontractors of
their responsibility for the safety of persons or property in the performance of their
work, nor for compliance with applicable safety laws. Contractor shall comply with
all Applicable Laws relating to the safety of persons or property, or to the protection
of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners
of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation, and replacement of their property.
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B. The Contractor shall maintain emergency first aid treatment for his employees which
complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. §
651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division
1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the
availability of emergency medical services for its employees in accordance with
California Code of Regulations, Title 8, Section 1512. The Contractor shall submit
an Illness and Injury Prevention Program and a Project Site specific safety program
to the City prior to beginning Work. Contractor shall maintain a confined space
program that meets or exceeds the City’s standards. Contractor needs to make
themselves aware of the City’s safety policies and procedures, and shall meet or
exceed all City standards in areas where the City must enter to perform inspections.
C. Hazard Communication Programs. Contractor shall be responsible for coordinating
any exchange of material safety data sheets or other hazard communication
information required to be made available to or exchanged between or among
employers at the Site in accordance with Applicable Laws.
5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the
Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste
onto the site in a manner not specified by the Contract Documents; and/or (ii)
disturbs a Hazardous Material identified in the Contract Documents, the Contractor
shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the
condition as soon as possible. Under no circumstance shall the Contractor perform
Work for which it is not qualified. The City, in its sole discretion, may require the
Contractor to retain at Contractor’s cost an independent testing laboratory.
B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury
or damage, Contractor shall immediately: (i) secure or otherwise isolate such
condition; (ii) stop all Work in connection with such material or substance (except in
an emergency situation); and (iii) notify the City (and promptly thereafter confirm
such notice in writing).
C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the
presence or absence of the Hazardous Waste reported by the Contractor, except as
qualified under Article 5.6(A) and Article 5.6(B) in the event such material or
substance is found to be present, verify that the levels of the hazardous material are
below OSHA Permissible Exposure Levels and below levels which would classify
the material as a state of California or federal hazardous waste. When the material
falls below such levels, Work in the affected area shall resume upon direction by the
City.
D. Contractor shall indemnify and hold harmless the City from and against claims,
damages, losses and expenses, arising from a Hazardous Waste on the Project Site,
if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels
which would classify the material as a state of California or federal hazardous waste,
and was either i) shown on the Contract Documents or information available to
bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall
obligate the Contractor to indemnify the City in the event of the sole or active
negligence or willful misconduct of the City, its officers, agents, or employees.
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5.7 Sanitary Facilities.
A. Contractor shall provide sanitary temporary toilet buildings and hand washing
facilities for the use of all workers. All toilets and hand washing facilities shall comply
with local codes and ordinances. Toilets shall be placed inside sealed secondary
containment devices installed on a flat, level surface. Accumulated liquids in the
secondary containment devices shall be properly removed and legally disposed
without spillage onto the ground. Toilets shall be kept supplied with toilet paper and
shall have workable door fasteners. Toilets and hand washing facilities shall be
serviced no less than once weekly and shall be present in a quantity of not less than
1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand
washing facilities shall be maintained in a sanitary condition at all times. Use of toilet
and hand washing facilities in the Work under construction shall not be permitted.
Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the
Contractor.
5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads,
permanent access roads, plant sites, waste disposal areas, borrow areas, and all
other work areas free from dust. Industry accepted methods of dust control suitable
for the area involved, such as sprinkling, chemical treatment, light bituminous
treatment or similar methods, will be permitted.
5.9 Air Pollution Control
A. Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
Contractor agrees to report each violation to the USDA and the appropriate EPA
Regional Office.
B. Contractor shall comply with all air pollution control rules, regulations, ordinances
and statutes. All containers of paint, thinner, curing compound, solvent or liquid
asphalt shall be labeled to indicate that the contents fully comply with the applicable
material requirements.
C. Without limiting the foregoing, 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 Air Quality Management District with jurisdiction over the Project and/or
California Air Resources Board (CARB). Contractor shall specifically be aware of
the application of these limits and requirements to "portable equipment", which
definition includes any item of equipment with a fuel-powered engine. Contractor
shall indemnify the City against any fines or penalties imposed by the air quality
management district, CARB, or any other governmental or regulatory agency for its
violations of Applicable Laws as well as those of its subcontractors or others for
whom Contractor is responsible under its indemnity obligations provided for in the
Contract Documents.
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5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various
times during construction of the Work. The Contractor hereby acknowledges that it
has investigated the risk arising from such waters, has prepared its Bid accordingly,
and assumes any and all risks and liabilities arising therefrom.
B. 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 regulating discharges of storm
water; all applicable standards, orders, or regulations issued pursuant to the Federal
Water Pollution Control Act (33 U.S.C. § 1251-1387 et seq.); the California Porter-
Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and
all regulations, policies, or permits issued pursuant to any such authority. These
include, but are not limited to California State Water Resources Control Board Order
Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order
Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to
or renewal thereof, State Water Resources Control Board Order No. 2013-0001-
DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control
Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or
renewal thereof. Contractor agrees to report each violation to the USDA and the
appropriate EPA Regional Office.
C. Contractor shall comply with all conditions of the State Water Resources Control
Board (“State Water Board”) National Pollutant Discharge Elimination System
General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity (“Construction General Permit”) for all
construction activity which results in the disturbance of in excess of one acre of total
land area or which is part of a larger common area of development or sale.
Contractor shall comply with the lawful requirements of the City, and any other
applicable municipality, drainage district, or other local agency with jurisdiction over
the location where the Work is to be conducted, 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.
D. Unless otherwise specified in the Special Conditions or other portion of the Contract
Documents, the City has not prepared a Storm Water Pollution Prevention Plan
(“SWPPP”) or other storm water compliance plan for the Project Site. Contractor
shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage
under the Construction General Permit. This includes filing all necessary
documentation including the Permit Registration Documents (“PRDs”) through the
Stormwater Multiple Applications and Report Tracking System (“SMARTS”);
preparing and implementing a SWPPP for the Work site; implementing all other
provisions, and monitoring and reporting requirements required by the Construction
General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified
SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but
not limited to preparation and submittal of all reports, plans, inspections, and
monitoring information in compliance with the Construction General Permit. All
submittals shall be coordinated with the City’s Legally Responsible Person and
Authorized Signatory as those terms are defined in the Construction General Permit.
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Before any NOI, PRD, SWPPP, or other Construction General Permit-related
document may be submitted to the State Water Board or implemented on the Project
site, it must first be reviewed and approved by the City and/or City’s designee.
Contractor shall include all costs of compliance with specified requirements in the
Contract Price.
E. The City retains the right to develop its own documentation for the Project site,
including but not limited to the SWPPP, and in the alternative may require Contractor
to adopt and implement portions of the City developed SWPPP. The City expressly
reserves the right to procure coverage under the Construction General Permit for
the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise
fails to proceed in a manner that complies with the requirements of the Construction
General Permit. The City additionally reserves the right to hire additional contractors
to maintain compliance at the Work site. Whether Contractor has adequately
maintained compliance with the Construction General Permit shall be the City’s sole
determination. Any costs incurred by the City in procuring coverage under the
Construction General Permit, or drafting and/or implementing a SWPPP for the Work
site shall be paid by Contractor.
F. Notwithstanding the above, for those Work sites where construction activity results
in the disturbance of less than one acre of total land area and/or do not need
coverage under the Construction General Permit, the Contractor shall be
responsible for preparing and implementing an Erosion and Sediment Control Plan
in accordance with State Water Resources Control Board Order No. 2013-0001-
DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.
G. Failure to comply with the Construction General Permit, laws, regulations, and
ordinances listed in this Article is a violation of federal and state law.
Notwithstanding any other indemnity contained in these Contract Documents,
Contractor agrees to indemnify and hold harmless the City, its officials, officers,
agents, employees and authorized volunteers from and against any and all claims,
demands, fees, costs, expenses, or losses or liabilities of any kind or nature which
the City, its officials, officers, agents, employees and authorized volunteers may
sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances
listed above, arising out of or in connection with the Work, except for liability resulting
from the sole established negligence, willful misconduct or active negligence of the
City, its officials, officers, agents, employees or authorized volunteers.
H. The City reserves the right to defend any enforcement action or civil action brought
against the City for Contractor’s failure to comply with any applicable water quality
law, regulation, or policy. Contractor hereby agrees to be bound by, and to
reimburse the City for the costs associated with, any settlement reached between
the City and any relevant enforcement entity.
5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and
local environmental rules and regulations. Any infractions of said rules and
regulations by the Contractor during the term of the Contract, which result in
penalties, will be the responsibility of the Contractor. The City operates under a
number of environmental permits issued by various agencies. If due to an action,
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inaction, or negligence by the Contractor, the City becomes subject to non-
compliance penalties, the cost of such penalties shall be borne by the Contractor.
B. The Contractor shall exercise care to preserve the natural landscape and
vegetation, and shall conduct operations so as to prevent unnecessary destruction,
scarring, or defacing of the natural surroundings in the vicinity of the Work.
Movement of crews and equipment within the rights-of-way and over routes provided
for access to the Work shall be performed in a manner to prevent damage to
property. When no longer required, construction roads shall be restored to original
contours. Upon completion of the Work, and following removal of construction
facilities and required cleanup, land used for construction purposes and not required
for the completed installation shall be scarified and regraded, as required, so that all
surfaces are left in a condition that will facilitate natural revegetation, provide for
proper drainage, and prevent erosion.
C. If, in the performance of the Work, evidence of the possible occurrence of any
Federally listed threatened or endangered plant or animal is discovered, the
Contractor shall notify the City Representative immediately, giving the location and
nature of the findings. Written confirmation of the evidence, location and nature of
the findings shall be forwarded to City within two (2) Days. The Contractor shall
immediately cease all construction activities in the immediate area of the discovery
to the extent necessary to protect the endangered plant or animal. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or alter its performance to ensure full compliance
with all applicable permits, laws and regulations. Any City directed changes to the
Work as a result of a siting will be pursuant to the Contract Documents. Any costs
or delays incurred by City or the Contractor due to unreasonable or false notification
of an endangered plant or animal will be borne by the Contractor.
D. If, in the performance of the Work, Contractor should unearth cultural resources (for
example, human remains, animal bones, stone tools, artifacts and/or midden
deposits) through excavation, grading, watering or other means, the Contractor shall
notify the construction/archeological monitor and/or the City Representative
immediately, giving the location and nature of the findings. Written confirmation of
the evidence, location and nature of the findings shall be forwarded to the
construction/archeological monitor and/or City within two (2) Days. The Contractor
shall immediately cease all construction activities in the immediate area of the
discovery to the extent necessary to protect the cultural resource. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or re-sequence and/or alter its performance to
ensure full compliance with all applicable permits, laws and regulations. Should the
presence of cultural resources be confirmed, the Contractor will assist the City
Representative and the construction/archeological monitor in the preparation and
implementation of a data recovery plan. The Contractor shall provide such
cooperation and assistance as may be necessary to preserve the cultural resources
for removal or other disposition. Any City directed changes to the Work as a result
of the cultural resource will be pursuant to the Contract Documents. Should
Contractor, without permission, injure, destroy, excavate, appropriate, or remove
any cultural resource on or adjacent to the Site, it will be subject to disciplinary action,
arrest and penalty under applicable law. The Contractor shall be principally
responsible for all costs of mitigation and/or restoration of cultural resources related
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to the unauthorized actions identified above. Contractor shall be required to pay for
unauthorized damage and mitigation costs to cultural resources (historical and
archeological resources) as a result of unauthorized activities that damage cultural
resources and shall indemnify City pursuant to the Contract Documents.
5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so
that the emission of sound therefrom is within the noise tolerance level of that
equipment as established by Cal/OSHA. Contractor shall comply with the most
restrictive of the following: (1) local sound control and noise level rules, regulations
and ordinances and (2) the requirements contained in these Contract Documents,
including hours of operation requirements.
B. No internal combustion engine shall be operated on the Project without a muffler of
the type recommended by the manufacturer. Should any muffler or other control
device sustain damage or be determined to be ineffective or defective, the
Contractor shall promptly remove the equipment and shall not return said equipment
to the job until the device is repaired or replaced. Said noise and vibration level
requirements shall apply to all equipment on the job or related to the job, including
but not limited to, trucks, transit mixers or transit equipment that may or may not be
owned by the Contractor.
5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts,
Contractor shall divert all Recyclable Waste Materials to appropriate recycling
centers as required for compliance with the local jurisdiction’s waste diversion
ordinances. Contractor will be required to submit weight tickets and written proof of
diversion with its monthly progress payment requests. Contractor shall complete
and execute any certification forms required by the City or other applicable agencies
to document Contractor’s compliance with these diversion requirements. All costs
incurred for these waste diversion efforts shall be the responsibility of the Contractor.
5.14 Inspector’s Field Office.
A. If required by the City, the Contractor shall be responsible for providing the
inspector’s field office. The office shall be a substantial waterproof construction with
adequate natural light and ventilation by means of stock design windows. Door shall
have a key type lock or padlock clasp. The office shall have heating and air
conditioning and shall be equipped with a telephone, a telephone answering
machine, an ability to connect to the internet, and a fax machine at Contractor’s
expense. The field office shall be provided within 20 Days of the Notice to Proceed.
B. A table satisfactory for the study of plans and two chairs shall be provided by
Contractor. Contractor shall provide and pay for adequate electric lights, local
telephone service, and adequate heat and air conditioning for the field office until
authorized removal.
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5.15 Contractor’s Supervision.
A. Contractor shall continuously keep at the Project site, a competent and experienced
full-time Project superintendent acceptable to the City. Superintendent must be able
to proficiently speak, read and write in English and shall have the authority to make
decisions on behalf of the Contractor. Contractor shall continuously provide efficient
supervision of the Project.
5.16 Workers.
A. Contractor shall at all times enforce strict discipline and good order among its
employees. Contractor shall not employ on the Project any unfit person or any one
not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent
or unfit shall be dismissed from the Work and shall not be employed on this Project.
5.17 Independent Contractors.
A. Contractor shall be an independent contractor for the City and not an employee.
Contractor understands and agrees that it and all of its employees shall not be
considered officers, employees, or agents of the City and are not entitled to benefits
of any kind normally provided employees of the City, including but not limited to,
state unemployment compensation or workers’ compensation. Contractor assumes
full responsibility for the acts and omissions of its employees or agents related to the
Work.
5.18 Verification of Employment Eligibility.
A. By executing the 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, sub-subcontractors and consultants to comply with the same. Each
person executing this Contract on behalf of Contractor verifies that he or she is a
duly authorized officer of Contractor and that any of the following shall be grounds
for the City to terminate the Contract for cause: (1) failure of the Contractor or its
Subcontractors, sub-subcontractors or consultants to meet any of the requirements
provided for in this Article; (2) any misrepresentation or material omission concerning
compliance with such requirements; or (3) failure to immediately remove from the
Work any person found not to be in compliance with such requirements.
5.19 Labor.
A. Hours of Work
1. Contractor shall comply with the Contract Work Hours and Safety Standards Act
(40 U.S.C 3701-3708) for all mechanics and laborers employed by the Contractor
or subcontractor in the performance of any part of the work under the Contract
Documents.
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(i) Overtime Requirements. No contractor or subcontractor
contracting for any part of the Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in this Section.
(iii) Withholding for unpaid wages and liquidated damages. The City
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any other Federal
contract with the Contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid
wages and liquidated damages as provided in this section.
2. (iv) Subcontracts. The Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (i) through (iv) of this Section and
also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The Consultant shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(i) through (iv) of this Section. As provided in Article 3 (commencing at section
1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that
eight (8) hours of labor shall constitute a legal day’s work. The time of service of
any worker employed at any time by the Contractor or by any subcontractor on any
subcontract under this Contract upon the Work or upon any part of the Work
contemplated by this Contract is limited and restricted to eight (8) hours during any
one calendar day and 40 hours during any one calendar week, except as
hereinafter provided. Notwithstanding the provisions herein above set forth, work
performed by employees of Contractor in excess of eight (8) hours per day, and
40 hours during any one week, shall be permitted upon this public work upon
compensation for all hours worked in excess of eight (8) hours per day at not less
than one and one-half times the basic rate of pay.
3. The Contractor and every Subcontractor shall keep an accurate record showing
the name of and actual hours worked each calendar day and each calendar week
by each worker employed in connection with the Work or any part of the Work
contemplated by this Contract. The record shall be kept open at all reasonable
hours to the inspection of the City and to the Division of Labor Law Enforcement,
Department of Industrial Relations of the State of California.
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4. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for
each worker employed in the execution of this Contract by the Contractor or by
any subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and 40 hours in
any one calendar week in violation of the provisions of Article 3 (commencing at
section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
5. Any work necessary to be performed after regular working hours, or on Saturdays
and Sundays or other holidays, shall be performed without additional expense to
the City.
6. If Contractor gives notice of an inspection pursuant to the Contract Documents,
the City will provide inspection during normal working hours from 7:00 a.m. to 3:30
p.m. Monday through Friday. Requested inspections before or after this time will
be charged to the Contractor as reimbursable inspection time. Inspections on
weekends requires two (2) Days’ notice for review and approval. Upon written
request and approval the 8.5 hour working day may be changed to other limits
subject to city/county ordinance.
7. It shall be unlawful for any person to operate, permit, use, or cause to operate any
of the following at the Project Site, other than between the hours of 7:00 a.m. to
5:00 p.m., Monday through Friday, with no Work allowed on City-observed
Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance
1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall
maintain weekly certified payroll records, showing the names, addresses, Social
Security numbers, work classifications, 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 them in connection with the
Work under this Contract. Contractor shall certify under penalty of perjury that
records maintained and submitted by Contractor are true and accurate. Contractor
shall also require Subcontractor(s) to certify weekly payroll records under penalty
of perjury.
2. In accordance with Labor Code section 1771.4, the Contractor and each
Subcontractor shall furnish the certified payroll records directly to the Department
of Industrial Relations (“DIR”) on the specified interval and format prescribed by
the DIR, which may include electronic submission. Contractor shall comply with
all requirements and regulations from the DIR relating to labor compliance
monitoring and enforcement. The requirement to submit certified payroll records
directly to the Labor Commissioner under Labor Code section 1771.4 shall not
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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. Any stop orders issued by the DIR 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 DIR
against Contractor or any Subcontractor.
4. The payroll records described herein shall be certified and submitted by the
Contractor at a time designated by the City. The Contractor shall also provide the
following:
a. A certified copy of the employee’s payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
b. A certified copy of all payroll records described herein shall be made available
for inspection or furnished upon request of the DIR.
5. Unless submitted electronically, the certified payroll records shall be on forms
provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or
shall contain the same information as the forms provided by the DLSE.
6. Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency, the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the Contractor
awarded the Contract or performing the Contract shall not be marked or
obliterated.
7. In the event of noncompliance with the requirements of this Article, the Contractor
shall have ten (10) Days in which to comply subsequent to receipt of written notice
specifying in what respects the Contractor must comply with this Article. Should
noncompliance still be evident after such 10-day period, the Contractor shall pay
a penalty of one hundred dollars ($100.00) to the City for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, such penalties shall be withheld from progress payment
then due.
8. The responsibility for compliance with this Article shall rest upon the Contractor.
C. Prevailing Rates of Wages
1. Prime construction contracts in excess of $2,000 must comply with the Davis-
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
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Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”).
In accordance with the statute, Contractor is required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, Contractor is required
to pay wages not less than once a week. A copy of the current prevailing wage
determination issued by the Department of Labor will be placed in the solicitation
by the City. The decision to award a contract or subcontract is conditioned upon
the acceptance of the wage determination. The City will report all suspected or
reported violations to the Federal Awarding Agency.
Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”). The Act provides
that each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The City
will report all suspected or reported violations to the Federal Awarding Agency.
2. The Contractor is aware of the requirements of Labor Code sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000
et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on certain “public works” and
“maintenance” projects. Since this Project involves an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates
of per diem wages at the commencement of this Contract from the website of the
Division of Labor Statistics and Research of the Department of Industrial Relations
located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of
the prevailing rate of per diem wages which are on file at the City’s Administration
Office and shall be made available to interested parties upon request. Contractor
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to perform work on the Project available to
interested parties upon request, and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify and
hold 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 allege failure to comply with the Prevailing Wage Laws.
3. The Contractor shall forfeit as a penalty to the City not more than Two Hundred
Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate as
determined by the Director of the DIR for such work or craft in which such worker
is employed for any public work done under the Contract by it or by any
Subcontractor under it. The difference between such prevailing wage rate and the
amount paid to each worker for each calendar day or portion thereof, for which
each worker was paid less than the prevailing wage rate, shall be paid to each
worker by the Contractor.
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4. Contractor shall post, at appropriate conspicuous points on the Project Site, a
schedule showing all determined general prevailing wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
D. Public Works Contractor Registration
1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its
Subcontractors must be registered with the DIR prior to the execution of a contract
to perform public works. By entering into this Contract, Contractor represents that
it is aware of the registration requirement and is currently registered with the DIR.
Contractor shall maintain a current registration for the duration of the Project.
Contractor shall further include the requirements of Labor Code sections 1725.5
and 1771.1 in any subcontract and ensure that all Subcontractors are registered
at the time this Contract is entered into and maintain registration for the duration
of the Project. 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.
E. Employment of Apprentices
1. Contractor and all Subcontractors shall comply with the requirements of Labor
Code sections 1777.5 and 1777.6 in the employment of apprentices.
2. Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex officio
the Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to
exceed one hundred dollars ($100.00) for each calendar day of non-compliance
pursuant to Labor Code section 1777.7.
F. Nondiscrimination/Equal Employment Opportunity
1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the
Contractor and its Subcontractors 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, marital status,
sex, age, sexual orientation, gender identity, or any other classifications protected
by law on this Project. The Contractor will take affirmative action to insure that
employees are treated during employment or training without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, gender identity, or
any other classifications protected by law. Such action shall include but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
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conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
The Contractor will send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract or with any of the said rules, regulations, or orders, this Contract
may be canceled, terminated, or suspended in whole or in part and the Contractor
may be declared ineligible for further Government Contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
The Contractor will include these provisions in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued
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pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
2. CONTRACTOR shall ensure that services and facilities are provided without
regard to ethnic group identification, race, color, national origin, creed, religion,
age, sex, physical or mental disability, political affiliation, or marital status in
accordance with applicable laws, including, but not limited to, Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway
Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil
Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February
11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights
Act of 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C.
6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of
the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800,
et seq) of the CCR and California Department of Social Services Manual of Policies
and Procedures (CDSS MPP) Division 21.
CONTRACTOR shall ensure that project activities be accomplished in an equitable
and impartial manner so that no person shall be excluded because of race, color,
gender, or national origin from participation in, or be denied the benefits, or any
program or activity for which federal financial assistance is received (31 CFR Part
22).
G. Debarment of Contractors and Subcontractors
1. By executing this contract, Contractor certifies that is it not currently under
suspension, debarment, voluntary exclusion, or determination of ineligibility by any
Federal agency; has not been suspended, debarred, voluntarily excluded, or
determined eligible by any Federal agency within the past three (3) years; and
does not have a proposed debarment pending in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR 1986
Comp., p. 189) and 12689 (3 CFR 1989 Comp., p. 235), “Debarment and
Suspension.” Contractor shall include this provision in all subcontracts and require
each of its subcontractors to comply with the certification and disclosure
requirements of this provision.
2. Contractors or Subcontractors may not perform work on a public works project with
a subcontractor who is ineligible to perform work on a public project pursuant to
Labor Code section 1777.1 or 1777.7. Any contract on a public works project
entered into between a contractor and a debarred subcontractor is void as a matter
of law. A debarred subcontractor may not receive any public money for performing
work as a subcontractor on a public works contract. Any public money that is paid,
or may have been paid to a debarred subcontractor by a contractor on the project
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shall be returned to the City. The Contractor shall be responsible for the payment
of wages to workers of a debarred subcontractor who has been allowed to work
on the Project.
5.20 Subcontracts.
A. Contractor agrees to bind every Subcontractor to the terms of the Contract
Documents as far as such terms are applicable to Subcontractor’s portion of the
Work. Contractor shall be as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by its
subcontractors, as Contractor is for acts and omissions of persons directly employed
by Contractor. Nothing contained in these Contract Documents shall create any
contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of
any Subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must
comply with the requirements of the Subletting and Subcontracting Fair Practices
Act pursuant to California Public Contract Code section 4100 et seq.
5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly
and at other times as requested by Engineer or as required by progress of the Work.
The Contractor, City, and all Subcontractors active on the Site shall attend each
meeting. Contractor may at its discretion request attendance by representatives of
its Suppliers, manufacturers, and other Subcontractors. The City will preside at the
progress meetings and will arrange for keeping and distributing the minutes. The
purpose of the meetings is to review the progress of the Work, maintain coordination
of efforts, discuss changes in scheduling, and resolve other problems which may
develop. During each meeting, the Contractor shall present any issues which may
impact its progress with a view to resolve these issues expeditiously.
5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless
otherwise specified in the Contract Documents), Contractor will prepare and deliver
a Schedule of Submittals to the City that has been fully integrated with the progress
schedule and identifies each Submittal required by the Contract Documents as well
as the date on which Contractor will deliver each Submittal to the City. Each
Submittal must be delivered to the City at least thirty (30) Days prior to the date the
material or equipment is scheduled to be incorporated into the Work. The Contractor
is responsible for any schedule delays resulting from the Submittal process.
B. Submittal Procedures.
1. Contractor will follow the following procedures for each Submittal, Shop Drawing
and Sample required by the Contract Documents:
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a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised
Submittals with original number and sequential alphabetic suffix.
c. Each Submittal will identify the Project, Contractor, Subcontractor and
Supplier, pertinent Drawing and detail number, and Specification Section
number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved
each Submittal, verified products required, field dimensions, adjacent
construction Work, and that coordination of information is according to
requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations
that may differ and/or be detrimental to successful performance of completed
Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address
the City’s comments and resubmit. Contractor shall identify changes made
since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from
responsibility for deviations from the Contract Documents unless Contractor
has, in writing, called the City’s attention to such deviations at time of
submission and the City has taken no exception to the deviation. The City’s
review of Shop Drawings shall not relieve Contractor from responsibility for
errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City
will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from
incomplete Submittals are not the responsibility of the City.
j. Contractor shall not be entitled to any extension of the Contract Times as a
result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals
unless otherwise specified in the Contract Documents.
2. Where a Submittal, Shop Drawing or Sample is required by the Contract
Documents or the Schedule of Submittals, any related Work performed prior to the
City review and approval of the pertinent submittal will be performed at the sole
risk and expense and responsibility of Contractor.
C. Schedule Milestone for Submittals. Contractor must submit all Submittals required
by the Contract Documents in accordance with the Schedule of Submittals. If
Contractor fails to submit the Submittals in accordance with the Schedule of
Submittals, Contractor will be solely liable for any delays or impacts caused by the
delayed Submittal, whether direct or indirect. Contractor will be liable for the time
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calculated from the date the Submittal is due until the date a compliant Submittal is
made. A compliant Submittal will be one that is complete and satisfies the
requirements of the Contract Documents.
5.23 Shop Drawings and Sample Submittal Procedures.
A. Before submitting each Shop Drawing or Sample, Contractor shall have:
1. Reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples and with the requirements of the Work and the Contract
Documents;
2. Determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto;
3. Determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work; and
4. Determined and verified all information relative to Contractor’s responsibilities for
means, methods, techniques, sequences, and procedures of construction, and
safety precautions and programs incident thereto.
B. With each Submittal, Contractor shall give the City specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be both a written communication separate
from the Shop Drawings or Sample Submittal and, in addition, a specific notation
made on each Shop Drawing or Sample submitted to the City for review and
approval of each such variation.
C. Shop Drawings.
1. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data
to show the City the services, materials, and equipment Contractor proposes to
provide and to enable the City to review the information for assessing conformance
with information given and design concept expressed in Contract Documents.
2. When required by individual Specification sections, provide Shop Drawings signed
and sealed by a professional engineer responsible for designing components
shown on Shop Drawings. Shop Drawings must include signed and sealed
calculations to support design in a form suitable for submission to and approval by
authorities having jurisdiction.
3. Shop Drawings for steel structures shall consist of shop details, erection and other
working Drawings showing details, dimensions, sizes of members and other
information necessary for the complete fabrication and erection of the metal work.
4. Shop Drawings of concrete structures shall consist of such detailed drawings as
may reasonably be required for the successful prosecution of the Work and which
are not included in the Drawings furnished by the Engineer. These may include
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drawings for false work, bracing, centering and form work, masonry layout
diagrams, and diagrams for bent reinforcement.
5. Contractor shall make revisions and provide additional information when required
by authorities having jurisdiction.
D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such
as catalog numbers, the use for which intended and other data as required to enable
the City to review the submittal for assessing conformance with information given
and design concept expressed in Contract Documents. Samples should be of
appropriate size and detail to assess functional, aesthetic, color, texture, patterns
and finish selection.
E. City’s Review.
1. The City will review Shop Drawings and Samples in accordance with the Schedule
of Submittals. The City’s review and acceptance will be only to determine if the
items covered by the Submittals will, after installation or incorporation in the Work,
conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
2. The City review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction (except where a particular means,
method, technique, sequence, or procedure of construction is specifically and
expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item functions.
3. The City’s review and acceptance shall not relieve Contractor from responsibility
for any variation from the requirements of the Contract Documents unless the City
has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample.
F. Resubmittal Procedures. Contractor shall make corrections required by the City and
shall return corrected Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions
other than the corrections called for by the City on previous Submittals.
5.24 Record (“As-Built”) Drawings.
A. The Contractor shall maintain one record set of Contract Documents at the Site or
digitally in an acceptable format. On these, it shall mark all Project conditions,
locations, configurations, and any other changes or deviations which may vary from
the information represented in the original Contract Documents, including buried or
concealed construction and utility features which are revealed during the course of
construction. Special attention shall be given to recording the horizontal and vertical
location of all buried utilities that differ from the locations indicated, or which were
not indicated on the Drawings. For all Projects involving the installation of any
pipeline, Contractor shall survey and record the top of the pipe at a minimum of every
100 linear feet, and at each bend, recording both the horizontal and vertical
locations. Said Drawings shall be supplemented by any detailed sketches as
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necessary or directed to fully indicate the Work as actually constructed. Any required
as-built drawings of civil engineering elements of the Work shall be prepared by a
registered civil engineer.
B. These master Record Drawings of the as-built conditions, including all revisions
made necessary by Addenda and Change Orders, shall be maintained up-to-date
during the progress of the Project. Red ink shall be used for alterations and notes.
Notes shall identify relevant Change Orders by number and date. Record Drawings
shall be accessible to the Engineer at all times during the construction period.
Failure on the Contractor’s part to keep Record Drawings current could result in
withholding partial payment.
C. Upon completion of the Project and as a condition of final acceptance, the Contractor
shall finalize and deliver a complete set of Record Drawings to the Engineers. The
information submitted by the Contractor will be assumed to be correct, and the
Contractor shall be responsible for, and liable to the City, for the accuracy of such
information, and for any errors or omissions which may or may not appear on the
Record Drawings.
D. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete the Record Drawings shall be included in
Contractor’s bid and distributed in the Bid Schedule. No additional compensation
shall be made to the Contractor for this Work.
5.25 Layout and Field Engineering.
A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys
required for the control and completion of the Work, and all necessary surveys to
compute quantities of Work performed.
5.26 Separate Contracts and Cooperation.
A. Separate Contracts. The City reserves the right to let other contracts in connection
with this Work or on the Project site. Contractor shall permit other contractors
reasonable access and storage of their materials and execution of their work and
shall properly connect and coordinate its Work with theirs. To ensure proper
execution of its subsequent Work, Contractor shall immediately inspect work already
in place and shall at once report to the Engineer any problems with the Work in place
or discrepancies with the Contract Documents.
B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the
Project and nature of any other contracts that have been or may be awarded by the
City in prosecution of the Project to the end that Contractor may perform this
Contract in the light of such other contracts, if any. Nothing herein contained shall
be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other
contractor working on the Project. If simultaneous execution of any contract for the
Project is likely to cause interference with performance of some other contract or
contracts, the Engineer shall decide which Contractor shall cease Work temporarily
and which contractor shall continue or whether work can be coordinated so that
contractors may proceed simultaneously. The City shall not be responsible for any
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damages suffered or for extra costs incurred by Contractor resulting directly or
indirectly from award, performance, or attempted performance of any other contract
or contracts on the Project Site.
5.27 Work Site.
A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of-
entry for the Work will be provided by the City. Unless otherwise specified in the
Special Provisions, the Contractor shall make arrangements, pay for, and assume
all responsibility for acquiring, using, and disposing of additional work areas and
facilities temporarily required. The Contractor shall indemnify and hold the City
harmless from all claims for damages caused by such actions. Contractor shall
confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Applicable Laws, and
shall not unreasonably encumber the Site and other areas with construction
equipment or other materials or equipment. Contractor shall assume full
responsibility for any damage to any such land or area, or to City or occupant thereof,
or of any adjacent land or areas resulting from the performance of the Work.
B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site
and other areas free from accumulations of waste materials, rubbish, and other
debris. Removal and disposal of such waste materials, rubbish, and other debris
shall conform to Applicable Laws. The Contractor shall furnish trash bins for all
debris from construction. All debris shall be placed in trash bins daily. Forms and
false-work that are to be re-used shall be stacked neatly concurrently with their
removal. Forms and false-work that are not to be re-used shall be disposed of
concurrently with their removal.
C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make
it ready for utilization by the City. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery,
and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
5.28 Utility Usage.
A. All temporary utilities, including but not limited to electricity, water, gas, and
telephone, used on the Work shall be furnished and paid for by Contractor.
Contractor shall provide necessary temporary distribution systems, including meters,
if necessary, from distribution points to points on the Work where the utility is
needed. Upon completion of the Work, Contractor shall remove all temporary
distribution systems. Contractor shall provide necessary and adequate utilities and
pay all costs for water, electricity, gas, oil, and sewer charges required for completion
of the Work, including but not limited to startup and testing required in the Contract
Documents. All permanent meters installed shall be listed in the Contractor’s name
until the Work is accepted. For Work to be performed in existing City facilities,
Contractor may use the City’s existing utilities, provided such use is reasonable
under the circumstances. If Contractor uses the City utilities, it will not need to
compensate the City for reasonably consumption of utilities, but Contractor will be
responsible for any excessive, unreasonable or wasteful utility usage. Amounts due
the City under this section may be deducted from progress payments.
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5.29 Protection of Work and Property.
A. The Contractor shall digitally record video and take photographs of the Project site
and adjacent improvements in a manner and quality that clearly depicts the existing
condition of the Project Site and adjacent improvements immediately prior to the
start of Work (minimum 1080p video and 4MP photo). All videos and photographs
shall be date and time stamped. The Contractor shall submit the video and photos
in digital format on a memory stick before the commencement of Work, along with a
map outlining the route and locations of the videos and/or photographs. The
Contractor shall be responsible for all damages to persons or property that occur as
a result of the Work. Contractor shall be responsible for the proper care and
protection of all materials delivered and Work performed until completion and final
acceptance by the City. All Work shall be solely at the Contractor’s risk.
B. Contractor shall adequately protect adjacent property from settlement or loss of
lateral support as necessary. Contractor shall comply with all applicable safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent
to the Project site where Work is being performed. Contractor shall erect and
properly maintain at all times, as required by field conditions and progress of work,
all necessary safeguards, signs, barriers, lights, and watchmen for protection of
workers and the public, and shall post danger signs warning against hazards created
in the course of construction.
C. Contractor shall provide such heat, covering, and enclosures as are necessary to
protect all Work, materials, equipment, appliances, and tools against damage by
weather conditions.
D. Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid
damage thereto, and Contractor shall repair any damage thereto caused by the Work
operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to cause
minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3. Deliver materials to the Site over a route designated by the City.
4. Provide any and all dust control required and follow the applicable air quality
regulations as appropriate. If the Contractor does not comply immediately with a
notice from the City or a public agency responsible for air quality, the City shall
have the authority to provide dust control and deduct the cost from payments to
the Contractor.
5. Confine Contractor’s apparatus, the storage of materials, and the operations of its
workers to limits required by law, ordinances, permits, or directions of the City.
Contractor shall not unreasonably encumber the Site with its materials.
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6. Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by a civil engineer or land surveyor
acceptable to the City, at no cost to the City.
7. Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8. Preserve and protect from injury all buildings, pole lines and all directional, warning
and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Work and the Site in a clean, safe
condition.
10. Comply with any stage construction and/or traffic handling plans. Access to
residences and businesses shall be maintained at all times, except with the City’s
written approval. Any request for approval to reduce or restrict access to
residences and business must be submitted to the City at least seven (7) Days in
advance, and the City may issue or withhold approval in its sole discretion.
E. These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the work involved in the protection and
preservation of life, safety and property as above specified shall be considered as
included in the prices paid for the various contract items of Work, and no additional
allowance will be made therefor.
F. Should damage to persons or property occur as a result of the Work, Contractor shall
promptly notify the City, in writing. Contractor shall be responsible for proper
investigation, documentation, including video or photography, to adequately
memorialize and make a record of what transpired. The City shall be entitled to
inspect and copy any such documentation, video, or photographs.
G. Contractor shall maintain all investigation documentation including video and/or
photographs for a minimum of four (4) years following completion of the Project.
5.30 Emergencies.
A. In emergencies affecting the safety or protection of persons or the Work or Property
at the Site or adjacent thereto, the Contractor, without special instruction or
authorization from the City or the Engineer, is obligated to act to prevent threatened
damage, injury or loss. The Contractor shall give the Engineer prompt written notice
if the Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
ARTICLE 6 - MATERIALS; INSPECTION
6.1 Access to Work.
A. The City, Engineer, their consultants and other representatives and personnel,
independent testing laboratories, and governmental agencies with jurisdictional
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interests will have access to the Site and the Work at reasonable times for their
observation, inspection, and testing. Contractor shall provide them proper and safe
conditions for such access and advise them of Contractor’s safety procedures and
programs.
6.2 Materials.
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, water, lights, power,
transportation, superintendence, temporary constructions of every nature, and all
other services and facilities whatsoever necessary to execute and complete this
Contract within the Contract Time. Unless otherwise specified, all materials, parts,
and equipment furnished by the Contractor in the Work shall be new, the best of their
respective kinds and grades as noted and/or specified, and workmanship shall be of
good quality.
B. Contractor agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest
extent possible consistent with the efficient performance of this contract and will
enact a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section
must be included in all subawards including all subcontracts and purchase orders.
C. Contractor shall comply with 2 CFR part 200.323. Contractor shall procure only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000. Contractor certifies that the percentage of
recovered materials to be used in the performance of this Agreement will be at least
the amount required by applicable specifications or other contractual requirements.
For contracts over $100,000 in total value, Contractor shall estimate the percentage
of total material utilized for the performance of the Agreement that is recovered
materials and shall provide such estimate to City upon request.
D. No materials, supplies, or equipment for Work under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest therein or in any part thereof is retained by the seller
or supplier. Contractor warrants good title to all material, supplies, and equipment
installed or incorporated in the Work and agrees upon completion of all work to
deliver the Project, to the City free from any claims, liens, or charges.
E. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of the Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for
damage or loss by weather or other causes to materials or Work. Materials shall be
stored on the Project Site in such manner so as not to interfere with any operations
of the City or any independent contractor.
F. Contractor shall verify all measurements, dimensions, elevations, and quantities
before ordering any materials or performing any Work, and the City shall not be liable
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for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item
overruns and underruns in accordance with the Contract Documents, no additional
compensation, over and above payment for the actual quantities at the prices set
out in the Bid Schedule, will be allowed because of differences between actual
measurements, dimension, elevations and quantities and those indicated on the
Plans and in the Specifications. Any difference therein shall be submitted to the
Engineer for consideration before proceeding with the Work.
6.3 Test and Inspections.
A. Inspection and Testing of Work and Materials
1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or
public authority requires any part of the Work to be tested or approved, Contractor
shall provide the Engineer at least two (2) working days’ notice of its readiness for
observation or inspection. If inspection is by a public authority other than the City,
Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and inspection shall be paid by the City. Costs of tests for
Work found not to be in compliance shall be paid by the Contractor.
2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials
testing technician that was called for by the Contractor but ultimately the Contractor
work was not ready for the inspection. Any such costs shall be deducted from any
amounts due to the Contractor.
3. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone
after completion of the testing at the Contractor’s cost in compliance with the
Contract Documents.
4. Where inspection and testing are to be conducted by an independent laboratory
or agency, materials or samples of materials to be inspected or tested shall be
selected by such laboratory or agency, or by the City, and not by Contractor.
Unless otherwise stated and as provided by the Contract Documents, the City shall
employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. All tests
or inspections of materials shall be made in accordance with the commonly
recognized standards of national organizations.
5. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance
with the Contract Documents, the City shall pay the costs of reexamination and
reconstruction. If such work is found not to be in accordance with the Contract
Documents, Contractor shall pay all costs.
B. Testing of Materials
1. In advance of manufacture of materials to be supplied by Contractor which must
be tested or inspected, Contractor shall notify the City so that the City may arrange
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for testing at the source of supply. Any materials which have not satisfactorily
passed such testing and inspection shall not be incorporated into the Work.
2. If the manufacture of materials to be inspected or tested will occur in a plant or
location greater than sixty (60) miles from the City, the Contractor shall pay for any
excessive or unusual costs associated with such testing or inspection, including
but not limited to excessive travel time, standby time and required lodging.
3. Unless otherwise specified in the Special Provisions, all initial testing and a
reasonable amount of retesting will be performed under the direction of the
Engineer, and at no expense to the Contractor. The Contractor shall notify the
Engineer in writing, at least 15 days in advance, of its intention to use materials for
which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material. If the notice of intent to
use is sent before the materials are available for testing or inspection, or is sent so
far in advance that the materials on hand at the time will not last but will be replaced
by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-
notify the Engineer when samples which are representative may be obtained.
4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of
any material or assembled material for which these Specifications so require or if
so required by the Engineer. The Engineer may waive the materials testing
requirements and accept a Certificate of Compliance. Material test data may be
required by the Engineer to be included with the submittal. Materials used on the
basis of a Certificate of Compliance may be sampled and tested at any time. The
submission of a Certificate of Compliance shall not relieve the Contractor of
responsibility for incorporating material into the Work which conforms to the
requirements of the Contract Documents, and any material not conforming to the
requirements will be subject to rejection by the Engineer whether in place or not.
5. Copies of mill certificates of composition and quality of all component materials
(reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of
the Work shall be provided to the City at the time of delivery. City shall retain the
right to reject any raw material not provided with a mill certificate at the time of
delivery.
6. If, after incorporating such materials into the Work, it is found that sources of supply
that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not
incorporated into the Work, and shall be removed from the Project Site all at the
Contractor’s expense.
6.4 Requests for Substitutions.
A. For the purposes of this provision, the term “substitution” shall mean the substitution
of any material, method or service substantially equal to or better in every respect to
that indicated in the Standard Specifications or otherwise referenced herein.
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B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that
is described in the Notice Inviting Bids that designates certain products, things, or
services by specific brand or trade name.
C. Unless specifically designated in the Special Conditions, 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 may be
substantially equal to or better in every respect to that so indicated or specified in
the Contract Documents. However, the City has adopted uniform standards for
certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data,
for substitution of any “or equal” material, process, or article no later than thirty-five
(35) calendar days after award of Contract. Provisions regarding submission of
substitution requests shall not in any way authorize an extension of time for the
performance of this Contract. If a substitution request is rejected by the City, the
Contractor shall provide the material, method or service specified herein. The City
shall not be responsible for any costs incurred by the Contractor associated with
substitution requests. The burden of proof as to the equality of any material,
process, or article shall rest with the Contractor. The Engineer has the complete
and sole discretion to determine if a material, process, or article is substantially equal
to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following
information:
1. A signed affidavit from the Contractor stating that the material, process, or article
proposed as a substitution is substantially equal to or better than that specified in
every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data
required to prove that the material, process, or article is substantially equal to or
better than that specified.
3. A statement of the cost implications of the substitution being requested, indicating
whether and why the proposed substitution will reduce or increase the amount of
the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely
manner so that the substitution request can be adequately reviewed may result in
rejection of the substitution request. The Engineer is not obligated to review multiple
submittals related the same substitution request resulting from the Contractor’s
failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will
an extension of time for completion of the contract be granted because of
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Contractor’s failure to provide substitution requests at the time and in the manner
described herein.
H. The Contractor shall bear the costs of all the City work associated with the review of
substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish
materials, methods or services more expensive than that specified, the increased
costs shall be borne by Contractor.
ARTICLE 7 - SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES
7.1 Soils Investigations.
A. When a soils investigation report for the Site is available, such report is provided for
informational purposes only. Any information obtained from such report as to
subsurface soil condition, or to elevations of existing grades or elevations of
underlying rock, is approximate only and is not guaranteed. Contractor
acknowledges that any soils investigation report (including any borings) was
prepared for purposes of design only and Contractor is required to examine the Site
before submitting its Bid and must make whatever tests it deems appropriate to
determine the condition of the soil.
7.2 Ownership of Site Materials Found.
A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials
developed or obtained in the excavation or other operations of Contractor or any of
its Subcontractors in the performance of the Contract, and the right to use said items
in carrying out the Contract, or to dispose of same, is hereby expressly reserved by
the City. Neither Contractor nor any of its Subcontractors nor any of their
representatives or employees shall have any right, title, or interest in said materials,
nor shall they assert or make any claim thereto. Contractor will, as determined by
the City’s Representative, be permitted to use in the Work without charge, any such
materials which meet the requirements of the Contract Documents, provided the City
shall have the right to use or consume these materials without payment to a third
party.
7.3 Existence of Utilities at the Work Site.
A. Existing Utilities
1. The location of known existing utilities and pipelines are shown on the Plans in
their approximate locations. However, nothing herein shall be deemed to require
the City to indicate the presence of existing service laterals or appurtenances
whenever the presence of such utilities on the site of the project can be inferred
from the presence of other visible facilities, such as buildings, cleanouts, meter
and junction boxes, on or adjacent to the Site of the Project.
2. The City will assume the responsibility for the timely removal, relocation, or
protection of existing main or trunk line utility facilities located on the Project site if
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such utilities are not identified by the City in the Contract Documents or which
cannot reasonably be inferred from the presence of other visible facilities.
B. Utility Location
1. It shall be the Contractor’s responsibility to determine the exact location and depth
of all utilities, including service connections, which have been marked by the
respective utility owners and which the Contractor believes may affect or be
affected by the Contractor’s operations. The Contractor shall not be entitled to
additional compensation nor time extensions for work necessary to avoid
interferences nor for repair to damaged utilities if the Contractor does not expose
all such existing utilities as required by this Article.
2. The locating of utilities shall be in conformance with Government Code Section
4216 et seq. except for the City’s utilities located on the City’s property and not on
public right-of-way.
3. A “High Priority Subsurface Installation” is defined in Government Code Section
4216 (j) as “high-pressure natural gas pipelines with normal operating pressures
greater than 415kPA gauge (60psig) or greater than six inches nominal pipe
diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric
supply lines, conductors, or cables that have a potential to ground of greater than
or equal to 60kv, or hazardous materials pipelines that are potentially hazardous
to workers or the public if damaged.”
4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as
“any underground pipeline, conduit, duct, wire, or other structure, except
nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized
drain lines.”
5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the
appropriate regional notification center at least two (2) working days but not more
than 14 Days before performing any excavation. The date of the notification shall
not count as part of the two-working-day notice. Before notifying the appropriate
regional notification center, the Contractor shall delineate the area to be
excavated. The Contractor shall request that the utility owners conduct a utility
survey and mark or otherwise indicate the location of their service. The Contractor
shall furnish to the Engineer written documentation of its contact(s) with the
regional notification center prior to commencing excavation at such locations.
6. After the utility survey is completed, the Contractor shall commence “potholing” or
hand digging to determine the actual location of the pipe, duct, or conduit and in
accordance with Government Code Section 4216.4 if the excavation within the
“tolerance zone” of a subsurface installation. The Engineer shall be given notice
prior to commencing potholing operations. The Contractor shall uncover all piping
and conduits, to a point one (1) foot below the pipe, where crossings, interferences,
or connections are shown on the Drawings, prior to trenching or excavating for any
pipe or structures, to determine actual elevations. New pipelines shall be laid to
such grade as to clear all existing facilities, which are to remain in service for any
period subsequent to the construction of the run of pipe involved.
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7. The Contractor's attention is directed to the requirements of Government Code
Section 4216.2 (c) which provides: “When the excavation is proposed within 10
feet of a high priority subsurface installation, the operator of the high priority
subsurface installation shall notify the excavator of the existence of the high priority
subsurface installation to set up an onsite meeting prior to the legal excavation
start date and time or at a mutually agreed upon time to determine actions or
activities required to verify the location and prevent damage to the high priority
subsurface installation. As part of the meeting, the excavator shall discuss with the
operator the method and tools that will be used during the excavation and the
information the operator will provide to assist in verifying the location of the
subsurface installation. The excavator shall not begin excavating until after the
completion of the onsite meeting.” The Contractor shall notify the Engineer in
advance of this meeting.
C. Utility Relocation and Repair
1. If interferences occur at locations other than those indicated in the Contract
Documents with reasonable accuracy, the Contractor shall notify the Engineer in
writing. The Engineer will supply a method for correcting said interferences in
accordance with the responsibilities of this section and Government Code Section
4215. To the extent any delay is caused thereby, Contractor shall submit a notice
of delay within five (5) Days of discovery of the circumstances giving rise to the
delay in accordance with Article 9.1 Change Orders and Time Extensions.
2. Care shall be exercised by the Contractor to prevent damage to adjacent existing
facilities and public or private works; where equipment will pass over these
obstructions, suitable planking shall be placed. If high priority subsurface
installations are damaged and the operator cannot be contacted, the Contractor
shall call 911 emergency services.
3. The City will compensate the Contractor for the costs of locating and repairing
damage not due to the failure of the Contractor to exercise reasonable care, and
for removing or relocating such main or trunk line utility facilities not indicated in
the Contract Documents with reasonable accuracy, and for the cost of equipment
on the Project necessarily idled during such work. The payment for such costs will
be made as provided in Article 9.1 Change Orders and Time Extensions. The
Contractor shall not be assessed liquidated damages for delay in completion of the
Project, when such delay is caused by the failure of the City or utility company to
provide for removal or relocation of such utility facilities. Requests for extensions
of time arising out of utility relocation or repair delays shall be filed in accordance
with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for
Completion and Liquidated Damages.
4. The public utility, where it is the owner of the affected utility, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such
repairs or relocation work at a reasonable price. The right is reserved to the City
and the owners of utilities or their authorized agents to enter upon the Work area
for the purpose of making such changes as are necessary for the rearrangement
of their facilities or for making necessary connections or repairs to their properties.
The Contractor shall cooperate with forces engaged in such work and shall
conduct its operations in such a manner as to avoid any unnecessary delay or
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hindrance to the work being performed by such forces and shall allow the
respective utilities time to relocate their facility.
5. When the Contract Documents indicate that a utility is to be relocated, altered or
constructed by others, the City will conduct all negotiations with the utility company
and the work will be done at no cost to the Contractor, unless otherwise stipulated
in the Contract Documents.
6. Temporary or permanent relocation or alteration of utilities desired by the
Contractor for its own convenience shall be the Contractor’s responsibility and it
shall make arrangements and bear all costs for such work.
D. Construction at Existing Utilities
1. Where the Work to be performed crosses or otherwise interferes with water, sewer,
gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor
shall perform construction in such a manner so that no damage will result to either
public or private utilities. It shall be the responsibility of the Contractor to determine
the actual locations of, and make accommodates to maintain, all utilities.
2. Before any utility is taken out of service, permission shall be obtained by the
Contractor from the owner. The owner, any impacted resident or business owner
and the City Representative will be advised of the nature and duration of the utility
outage as well as the Contractor’s plan for providing temporary utilities if required
by the owner. The Contractor shall be liable for all damage which may result from
its failure to maintain utilities during the progress of the Work, and the Contractor
shall indemnify City as required by the Contract Documents from all claims arising
out of or connected with damage to utilities encountered during construction;
damages resulting from disruption of service; and injury to persons or damage to
property resulting from the negligent, accidental, or intentional breaching of
utilities.
3. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this work, shall be included in
Contractor’s bid and distributed in the schedule of pay Items. No additional
compensation shall be made to the Contractor for this work.
7.4 Trenches
A. Trenches Five Feet or More in Depth.
1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed
plan showing the design of shoring, bracing, sloping or other provisions to be made
for worker protection from hazards of caving ground during the excavation of any
trench or trenches five feet or more in depth. If such plan varies from shoring
system standards established by the Construction Safety Orders of the California
Code of Regulations, Department of Industrial Relations, the plan shall be
prepared by a California registered civil or structural engineer. The plan shall not
be less effective than the shoring, bracing, sloping, or other provisions of the
Construction Safety Orders, as defined in the California Code of Regulations. The
Contractor shall designate in writing the “competent person” as defined in Title 8,
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California Code of Regulations, who shall be present at the Work Site each day
that trenching/excavation is in progress. The “competent person” shall prepare
and provide daily trenching/excavation inspection reports to the Engineer.
Contractor shall also submit a copy of its annual California Occupational Safety
and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet.
1. If the Work involves excavating trenches or other excavations that extend deeper
than four (4) feet below the surface, Contractor shall promptly within three (3)
Days, and before the excavation is further disturbed, notify the City in writing of
any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
c. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
2. The City shall promptly investigate the conditions, and if it finds that the conditions
do so materially differ, or do involve hazardous waste, and cause a decrease or
increase in Contractor’s cost of, or the time required for, performance of any part
of the Work, shall issue a Change Order under the procedures described in Article
9.1 Change Orders and Time Extensions.
3. In the event that a dispute arises between the City and the Contractor as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in the Contractor’s cost of, or time required for, performance of any
part of the Work, the Contractor shall not be excused from any scheduled
completion date provided for by the Contract, but shall proceed with all Work to be
performed under the Contract. Contractor shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and protests
between the parties.
ARTICLE 8 - PROSECUTION OF THE WORK
8.1 Contractor’s Means and Methods.
A. Contractor is solely responsible for the means and methods utilized to perform the
Work. In no case shall the Contractor’s means and methods deviate from commonly
used industry standards.
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8.2 Construction Schedule.
A. General Requirements. The schedule shall be prepared in a Critical Path Method
(“CPM”) format and in an electronic scheduling program acceptable to the City and
as specified in the Contract Documents. Contractor shall deliver the schedule and
all updates to the City in both paper and electronic form. The electronic versions
shall be in the format and include all data used to prepare the schedule. Copies are
not acceptable.
B. Schedule. The receipt or approval of any schedules by the City shall not in any way
relieve the Contractor of its obligations under the Contract Documents. The
Contractor is fully responsible to determine and provide for any and all staffing and
resources at levels which allow for good quality and timely completion of the Project.
Contractor’s failure to incorporate all elements of Work required for the performance
of the Contract or any inaccuracy in the schedule shall not excuse the Contractor
from performing all Work required for a completed Project within the specified
Contract Time. If the required schedule is not received by the time the first payment
under the Contract is due, Contractor shall not be paid until the schedule is received,
reviewed and accepted by the City.
C. Schedule Contents. The schedule shall allow enough time for inclement weather.
The schedule shall indicate the beginning and completion dates of all phases of
construction; critical path for all critical, sequential time related activities; and “float
time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include
appropriate time allowances and constraints for submittals, items of interface with
Work performed by others, and specified construction, start-up and performance
tests. All float shall be owned by the Project. Schedules indicating early or late
completion shall not modify or have any effect on the Contract Time, regardless of
whether the schedules are reviewed and/or accepted by the City. For purposes of
determining Liquidated Damages, the Contract Time shall control and may only be
altered by a duly authorized Change Order.
D. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule;
(2) with each progress payment request; and (3) whenever requested to do so by
the City. The City may withhold progress payments or other amounts due under the
Contract Documents if Contractor fails to submit an updated and accurate
construction schedule. Upon the City’s request, Contractor shall submit any
schedules or updates to the City in the native electronic format of the software used
to create the schedule. Contractor shall also submit schedules showing a two-week
detailed look-ahead at weekly meetings conducted with the City. The two-week look-
ahead schedule shall clearly identify all staffing and other resources which in the
Contractor’s judgment are needed to complete the Work within the Contract Time,
and it shall clearly state the number of staff to be used on each daily segment of the
Work.
E. Acceptance. Acceptance of the schedules by the City will not impose on
responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or
compliance with the Contract Documents. Acceptance will not interfere with or
relieve Contractor from Contractor’s full responsibility therefor.
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F. Recovery Schedule.
1. Should any of the following conditions exist, City may require Contractor to
prepare, at no extra cost to City, a plan of action and a recovery schedule for
completing the Work and achieving all contractual milestones within the allotted
Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the
opinion of City, of sufficient magnitude that City questions the Contractor's
ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the
critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration
of future activities of the schedule which, in the opinion of City, are major in
nature.
2. The recovery schedule shall include proposed revisions to the Construction
Schedule, demonstrating how Contractor intends to achieve all contractual
milestones including Contract completion within the allotted Contract Time. The
submittal shall include a narrative describing the actions planned by the Contractor
to recover the schedule.
3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s
request. If Contractor asserts that City is responsible for the delay, failure to submit
the recovery schedule within seven (7) Days of City’s request, will be considered
a concurrent delay event attributable to Contractor, and Contractor shall only be
entitled to non-compensable adjustments to Contract Times. If Contractor is
responsible for the delay, this provision will not limit or affect Contractor's liability
and failure to submit the recovery schedule with seven (7) Days of City’s request
may result in City withholding progress payments or other amounts due under the
Contract Documents.
4. Contractor is responsible for all costs associated with the preparation and
execution of the recovery schedule, including any necessary recovery actions,
which may include, but are not limited to, assignment of additional labor, and/or
equipment, shift or overtime work, expediting of submittals or deliveries,
overlapping of activities or sequencing changes to increase activity concurrence.
Regardless of whether City directs Contractor to prepare a recovery schedule
pursuant to this Section, Contractor shall promptly undertake appropriate action at
no additional cost to City to recover the schedule whenever the current
construction schedule shows that the Contractor will not achieve a milestone
and/or complete the Work within the allotted Contract Time.
8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract
for Construction shall commence: (1) on the date stated in the Notice to Proceed, or
(2) if the Notice to Proceed does not specify a commencement date, then on the
date of the Notice to Proceed and shall be completed by Contractor in the time
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specified in the Contract Documents. The City is under no obligation to consider
early completion of the Project; and the Contract completion date shall not be
amended by the City’s receipt or acceptance of the Contractor’s proposed earlier
completion date. Any difference in time between the Contractor’s early completion
and the Contract Time shall be considered a part of the Project float. Contractor
shall not be entitled to compensation, and the City will not compensate Contractor,
for delays which impact early completion. Contractor shall not, under any
circumstances, receive additional compensation from the City (including but not
limited to indirect, general, administrative or other forms of overhead costs) for the
period between the time of earlier completion proposed by the Contractor and the
Contract completion date.
B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is
understood that the City will suffer damage. In accordance with Government Code
section 53069.85 and Public Contract Code section 7102, being impractical and
infeasible to determine the amount of actual damage, it is agreed that Contractor
shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum
stipulated in the Contract for each calendar day of delay until the Work is fully
completed. Contractor and its surety shall be liable for any liquidated damages. Any
money due or to become due the Contractor may be retained to cover liquidated
damages.
C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of
the Project schedule. Contractor shall not be entitled to reverse liquidated damages
for time extensions resulting from inclement weather.
D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is
limited to a City-caused extension of the critical path, reduced by the Contractor’s
concurrent delays, and established by a proper time impact analysis. Contractor
shall not be charged liquidated damages because of any delays in completion of the
Work due to unforeseeable causes beyond the control and without the fault or
negligence of Contractor (or its Subcontractors or Suppliers). The City shall
ascertain the facts and extent of delay and grant extension of time for completing
the Work when, in its judgment, the facts justify such an extension. Contractor shall
not be entitled to an adjustment in the Contract Times for delays within the control
of Contractor. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of Contractor.
E. Force Majeure. In accordance with subparagraphs “D” and “E” above, the
Contractor shall not be charged liquidated damages, and the City shall not be
responsible, for any delays resulting from a Force Majeure Event. If a delay to the
critical path results from a Force Majeure Event, the Contractor will be entitled to a
time extension but will not receive an adjustment to the Contract Price or any other
compensation. Such a non-compensable adjustment shall be Contractor’s sole and
exclusive remedy for such delays.
F. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be
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liable for any costs which are borne by the Contractor in the regular course of
business, including, but not limited to, home office overhead and other ongoing
costs. Damages caused by unreasonable City delay shall be based on actual costs
only, no proportions or formulas shall be used to calculate any delay damages.
G. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled
to any extension of time or any reverse liquidated damages unless Contractor
properly notices the delay and adjustment to compensation and requests a Change
Order in accordance with Article 9.1 Change Orders and Time Extensions.
Contractor’s failure to timely and fully comply with the Change Order procedures in
the Contract Documents shall constitute a waiver of Contractor’s right to a time
extension or reverse liquidated damages.
8.4 Contractor’s Responsibility for Work.
A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be
under the charge and care of the Contractor. The Contractor shall take every
necessary precaution against injury or damage to any part thereof by the action of
the elements or from any cause whether arising from the execution or non-execution
of the Work. The Contractor shall rebuild, repair, restore and make good at its own
expense all injuries or damages to any portion of the Work before its completion and
acceptance. In the event of damage proximately caused by an Act of God, as
defined by Section 7105 of the Public Contract Code, the City will pay for repair or
restoration to damaged Work in excess of 5% of the total Bid.
8.5 Occupancy.
A. The City reserves the right to occupy or utilize any portion of the Work at any time
before completion, and such occupancy or use shall not constitute acceptance of
any part of Work covered by this Contract. This use shall not relieve the Contractor
of its responsibilities under the Contract.
8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California,
Contractor may request the City to make retention payments directly to an escrow
agent or may substitute securities for any money withheld by the City to ensure
performance under the contract. At the request and expense of Contractor,
securities equivalent to the amount withheld shall be deposited with the City or with
a state or 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 substantially
in the form provided in section 22300 of the Public Contract Code.
8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City
1. The City may, at its sole option, decide to suspend at any time the performance of
all or any portion of the Work by notice in writing to Contractor. Such notice of
suspension of Work will designate the amount and type of plant, labor, and
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equipment to be committed to the Project during the period of suspension.
Contractor shall use its best efforts to utilize its plant, labor, and equipment in such
a manner as to minimize costs associated with suspension.
2. Upon receipt of any such notice, Contractor shall, unless the notice requires
otherwise:
a. Immediately discontinue Work on the date and to the extent
specified in the notice;
b. Place no further orders or subcontracts for material, services, or
facilities with respect to suspended Work other than to the extent required
in the notice;
c. Promptly make every reasonable effort to obtain suspension upon
terms satisfactory to the City’s Representative of all orders, subcontracts,
and rental agreements to the extent they relate to performance of Work
suspended; and
d. Continue to protect and maintain the Work including those portions
on which Work has been suspended.
3. Except as provided by this Article, as full and complete compensation for such
suspension, Contractor shall be granted an adjustment in the Contract Price based
on a negotiated daily rate that reflects the Contractor’s actual costs associated with
the demobilized condition of the Site and an extension of the Contract Times equal
to the number of days performance of Work is suspended; provided, however, that
no adjustment of Contract Price or extension of Contract Times shall be granted if
the suspension results from Contractor's non-compliance with the requirements of
the Contract.
B. Termination for Cause by the City:
1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the
Work or any separable part thereof with such diligence as will insure its completion
within the time specified by the Contract Documents, or any extension thereof, or
fails to complete such Work within such time, or if the Contractor should be
adjudged a bankrupt, or if it should make a general assignment for the benefit of
its creditors, or if a receiver should be appointed on account of its insolvency, or
the Contractor or any of its subcontractors should violate any of the provisions of
this Contract, the City may serve written notice upon the Contractor and its surety
of the City's intention to terminate this Contract. This notice of intent to terminate
shall contain the reasons for such intention to terminate this Contract, and a
statement to the effect that the Contractor's right to perform this Contract shall
cease and terminate upon the expiration of ten (10) Days unless such violations
have ceased and arrangements satisfactory to the City have been made for
correction of said violations.
2. After expiration of the ten (10) Day period, the City may terminate the Contract by
providing a Notice of Termination to the Contractor. The City may take over and
complete the Work by any method it may deem appropriate, including enforcement
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of the Project performance bond. Contractor and its surety shall be liable to the
City for any excess costs or other damages incurred by the City to complete the
Work. If the City takes over the Work, the City may, without liability for so doing,
take possession of and utilize in completing the Work such materials, appliances,
plant, and other property belonging to the Contractor as may be on the Site.
3. Upon termination, Contractor shall not be entitled to receive any further payment
from the City, except for Work which was duly performed prior to the effective date
of the Notice of Termination. Contractor shall submit an invoice for final payment
within thirty (30) Days of the effective date of the Notice of Termination. The City
may withhold from final payment up to 150% of any disputed amounts, including
any amounts which may be necessary to repair defective Work, complete
unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its
duties under the Contract.
C. Termination for Convenience by the City:
1. The City may terminate performance of the Work called for by the Contract
Documents in whole or, from time to time, in part, upon ten (10) Days written notice
if the City determines that a termination is in the City's interest.
2. The Contractor shall terminate all or any part of the Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
convenience of the City, the extent of termination, and the effective date of such
termination.
3. After receipt of Notice of Termination, and except as directed by the City's
Representative, the Contractor shall, regardless of any delay in determining or
adjusting any amounts due under this termination for convenience clause,
immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for under
the Contract Documents.
c. Leave the property upon which the Contractor was working and
upon which the facility (or facilities) forming the basis of the Contract
Document is situated in a safe and sanitary manner such that it does not
pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the
portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to
complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the
effective date of the Notice of Termination, all of the usual documentation
called for by the Contract Documents to substantiate all costs incurred by
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the Contractor for labor, materials and equipment through the effective date
of the Notice of Termination. Any documentation substantiating costs
incurred by the Contractor solely as a result of the City's exercise of its right
to terminate this Contract pursuant to this clause, which costs the
contractor is authorized under the Contract documents to incur, shall: (1)
be submitted to and received by the Engineer no later than 30 Days after
the effective date of the Notice of Termination; (2) describe the costs
incurred with particularity; and (3) be conspicuously identified as
“Termination Costs occasioned by the City's Termination for Convenience.”
If the City rejects any costs, Contractor shall be deemed to waive the
rejected costs unless Contractor files a Claim within thirty (30) Days of the
rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable
under this Article, and Contractor specifically waives any claim for any other
amounts or damages, including, but not limited to, any claim for
consequential damages or lost profits. The provisions in this Article are in
addition to and not in limitation of any other rights or remedies available to
the City.
4. Termination of the Contract shall not relieve surety of its obligation for any just
claims arising out of or relating to the Work performed.
5. Notwithstanding any other provision of this Article, when immediate action is
necessary to protect life and safety or to reduce significant exposure or liability, the
City may immediately order Contractor to cease Work on the Project until such
safety or liability issues are addressed to the satisfaction of the City or the Contract
is terminated.
6. If the City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this section,
and Contractor specifically waives any claim for any other amounts or damages,
including, but not limited to, any claim for consequential damages or lost profits.
8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is
complete, the Engineer will promptly make a final inspection with the City and
Contractor and will notify Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to complete such Work or
remedy such deficiencies.
B. Final Acceptance. The acceptance of the Work on behalf of the City will be made
by the Engineer. Such acceptance by the City shall not constitute a waiver of
defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed
all corrections identified during the final inspection and has delivered, in accordance
with the Contract Documents, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other evidence of insurance,
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certificates of inspection, Record Documents, and other documents required by the
Contract Documents, the City shall execute a Notice of Completion, constituting final
acceptance and completion of the Project, except as may be expressly noted.
8.9 Warranty and Guaranty of Work.
A. Contractor hereby warrants that materials and Work shall be completed in
conformance with the Contract Documents and that the materials and Work provided
will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or
replace, at the discretion of the City, any or all Work that may prove to be defective
in its workmanship, materials furnished, methods of installation or fail to conform to
the Contract Document requirements together with any other Work which may be
damaged or displaced by such defect(s) within a period of one (1) year (or as
otherwise indicated in the Contract Documents or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into
the Work, whichever is later) from the date of the Notice of Completion of the Project
without any expense whatever to the City, ordinary wear and tear and unusual abuse
and neglect excepted. Contractor shall be required to promptly repair or replace
defective equipment or materials, at Contractor’s option. 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 the Contractor.
B. For any Work so corrected, Contractor’s obligation hereunder to correct defective
Work shall be reinstated for an additional one (1) year period, commencing with the
date of acceptance of such corrected Work. The reinstatement of the one (1) year
warranty shall apply only to that portion of work that was corrected. 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. In the event of Contractor’s failure to comply with the
above-mentioned conditions within ten (10) Days after being notified in writing of
required repairs, 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 immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City
all warranties that would be given in normal commercial practice and assign to the
City any and all manufacturer’s or installer’s warranties for equipment or materials
not manufactured by Contractor and provided as part of the Work, to the extent that
such third-party warranties are assignable and extend beyond the warranty period
set forth in this Article. Contractor shall furnish the City with all warranty and
guarantee documents prior to final acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the
Engineer, the City may furnish materials or products to the Contractor for installation.
In the event any act or failure to act by Contractor shall cause a warranty applicable
to any materials or products purchased by the City for installation by the Contractor
to be voided or reduced, Contractor shall indemnify the City from and against any
cost, expense, or other liability arising therefrom, and shall be responsible to the City
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for the cost of any repairs, replacement or other costs that would have been covered
by the warranty but for such act or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City-owned or controlled
real or personal property.
F. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10)
Days after being notified commence and perform with due diligence all necessary
Work. If the Contractor fails to promptly remedy any defect or damage, the City shall
have the right to replace, repair or otherwise remedy the defect, or damage at the
Contractor’s expense.
G. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance
with the Contract requirements, the City may undertake at Contractor’s expense,
and without prior notice, all Work necessary to correct such condition.
H. Acceptance of Defective Work.
1. If, instead of requiring correction or removal and replacement of defective Work,
the City prefers to accept it, the City may do so. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) attributable to the City’s evaluation of and
determination to accept such defective Work and for the diminished value of the
Work. If any acceptance of Defective Work occurs prior to release of the Project
retention, a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and the City shall be entitled to
an appropriate decrease in the Contract Price, reflecting the diminished value of
Work and all costs incurred by the City. If the acceptance of defective occurs after
release of the Project retention, an appropriate amount will be paid by Contractor
to the City.
I. The City May Correct Defective Work
1. If Contractor fails within a reasonable time after written notice from the City to
correct Defective Work, or to remove and replace rejected Work as required by the
City, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract
Documents, the City may, after seven (7) Days written notice to Contractor,
correct, or remedy any such deficiency.
2. In connection with such corrective or remedial action, the City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work
and suspend Contractor’s services related thereto, take possession of Contractor’s
tools, appliances, construction equipment and machinery at the Site, and
incorporate in the Work all materials and equipment stored at the Site or for which
the City has paid Contractor but which are stored elsewhere. Contractor shall allow
the City, and the agents, employees, other contractors, and consultants of each of
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them, access to the Site to enable the City to exercise the rights and remedies to
correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) incurred or sustained by the City
correcting the Defective Work will be charged against Contractor, and a Change
Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and the City shall be entitled to an
appropriate decrease in the Contract Price. Such claims, costs, losses and
damages will include but not be limited to all costs of repair, or replacement of work
of others destroyed or damaged by correction, removal, or replacement of
defective Work.
4. If the Change Order is executed after all payments under the Contract have been
paid by the City and the Project Retention is held in an escrow account as
permitted by the Contract Documents, Contractor will promptly alert the escrow
holder, in writing, of the amount of Retention to be paid to the City. If the Change
Order is executed after release of the Project retention, an appropriate amount will
be paid by Contractor to the City. Contractor shall not be allowed an extension of
the Contract Times because of any delay in the performance of the Work
attributable to the City correcting Defective Work.
J. Nothing in the warranty or in the Contract Documents shall be construed to limit the
rights and remedies available to the City at law or in equity, including, but not limited
to, Code of Civil Procedure section 337.15.
ARTICLE 9 - CHANGE ORDERS; DISPUTE RESOLUTION
9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be
through a written Change Order in accordance with this Article. The City, without invalidating the
Contract, may order changes in the Work consisting of additions, deletions or other revisions, and
Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever
any change is made as provided for herein, such change shall be considered and treated as
though originally included in the Contract, and shall be subject to all terms, conditions, and
provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for
damages, whether for loss of profits or otherwise, on account of any decrease or omission of any
item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach
agreement on the terms of the Change Order shall relieve the Contractor from the obligation to
proceed with performance of the Work, including Additional Work, promptly and expeditiously.
Any alterations, extensions of time, Additional Work, or any other changes may be made without
securing consent of the Contractor’s surety or sureties.
A. Change in Contract Procedures
1. City Directive. The City may direct changes in the Work by delivering a written
directive. To the extent the work directive results in a change to compensation or
time, Contractor must timely request a Change Order and comply with all Change
Order procedures in accordance with this Article. Notwithstanding issuance of a
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work directive, Contractor’s failure to timely request a Change Order shall
constitute a waiver by Contractor of any adjustment to compensation or time
extension for Work performed under the directive. The City shall not be liable to
Contractor for Work performed or omitted by Contractor in reliance on verbal
orders.
2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change
Order Request, then Contractor shall provide the City with written notice of the
underlying facts and circumstances that gave rise to the proposed change within
the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days
from the discovery date or prior to the alterations of the conditions, whichever
is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the
conditions, which shall be no longer than three (3) days from the date the
Contractor discovers that the Force Majeure Event gives rise to a change,
unless that the conditions are such that notice within three (3) days is not
possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time
or the Contract Price, within seven (7) days from the discovery date.
To be considered valid and complete, the notice of change/delay shall include
a general statement of the circumstances giving rise to the notice of
change/delay and a reasonable order of magnitude estimate of the additional
costs and/or time. If the circumstances give rise to both a cost adjustment and
time extension, Contractor shall submit the notice of change and notice of delay
concurrently.
3. Request for Change in Compensation and/or Extension of Time. Contractor shall
submit a Change Order Request for any adjustment to Contractor’s compensation
and/or any extension of time. The Change Order Request shall be made prior to
incurring any expense and within fourteen (14) Days from either Contractor’s
notice of change/delay or the City’s directive ordering the change. The Change
Order Request shall include all of the following information (unless inapplicable to
the change):
a. A detailed description of the circumstances giving rise to the
request;
b. A complete itemized cost proposal, including itemized pricing for
first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical
path to completion;
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e. If any added costs or information cannot be determined at the time
of the Change Order Request, the reason the costs or information cannot
be determined at the time; and
f. Certification to the accuracy of the Change Order Request under
penalty of perjury.
The time impact analysis shall be in the critical path method format
and shall show the sequencing of all critical and non-critical new
activities and/or activity revisions affected by the delay, with logic
ties to all affected existing activities noted on the schedule.
The City may demand, and Contractor shall provide, any additional
information supporting the Change Order Request, including but
not limited to native electronic format version of schedules and time
impact analyses. Contractor shall provide the requested additional
information within five (5) Days of the request.
For any costs or information that cannot be determined at the time
Contractor submits the Change Order Request, Contractor shall
submit to the City notice of the costs or information and all
supporting documentation within five (5) Days of when the costs or
other information become subject to determination.
4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the
Change Order Request or disagrees with the proposal submitted by Contractor, it
will notify the Contractor, and the City will provide its opinion of the appropriate
price and/or time extension. If no agreement can be reached, the City shall have
the right to order the Work performed on a time and materials basis or to issue a
unilateral Change Order setting forth the City’s determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work. The
City shall also have the right to order changes in the Work to be performed
promptly by the Contractor on a time and materials basis or to issue a unilateral
Change Order setting forth the City’s determination of the reasonable additions or
savings in costs and time attributable to the extra or deleted work. The City’s
determination shall become final and binding if the Contractor fails to submit a
Claim in writing to the City within fourteen (14) Days of the issuance of the
unilateral Change Order, disputing the terms of the unilateral Change Order and
providing such supporting documentation for its position as the City may
reasonably require.
5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE
A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE
ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF
THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE
RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH
CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE
OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY
MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY
OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.
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Contractor recognizes and acknowledges that timely submission of a formal written
notice of change/delay and Change Order Request, whether or not the
circumstances of the change may be known to the City or available to the City
through other means, is not a mere formality but is of crucial importance to the
ability of the City to promptly identify, prioritize, evaluate and mitigate the potential
effects of changes. Any form of informal notice, whether verbal or written
(including, without limitation, statements in requests for information, statements in
Submittals, statements at any job meeting or entries on monthly reports, daily logs
or job meeting minutes), that does not strictly comply with the formal requirements
of this Article, shall accordingly be insufficient.
6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement
therewith, including any adjustment in compensation or extension of time, and
the full and final settlement of all costs (direct, indirect and overhead) related
to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change
Orders. If so designated, Contractor may only use such forms. Contractor
shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration
beyond what is stated in the Change Order. No Claims shall be allowed for
impact, extended overhead costs, constructive acceleration and/or actual
acceleration due to a multiplicity of changes and/or clarifications. The
Contractor may not change or modify the City’s Change Order form in an
attempt to reserve additional rights.
B. Determining Adjustments to Compensation.
1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work
subject to a Change Order except as expressly set forth in this Article. The mark-
up added in instances of Additional Work shall constitute the entire amount of
profit, any mark-ups, any field or home office overhead costs, including personnel,
equipment or office space, any materials, or any costs of equipment idle time for
such Work.
2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item
varies from the Bid Schedule, compensation for the change in quantity will be
calculated by multiplying the actual quantity by the unit price. This calculation may
result in either an additive or deductive Change Order. Bid items included on the
Bid Schedule may be deducted from the Work in their entirety without any
negotiated extra costs. Because Unit Price Work includes overhead and profit as
determined by Contractor at the time of its Bid submission, no mark up or deduction
for overhead and profit will be allowed.
3. Lump Sum Change Orders. Whenever possible, any changes affecting
compensation shall be in a lump sum mutually agreed by the Contractor and the
City.
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4. Time and Materials Change Orders. The City may direct the Contractor to proceed
with the Additional Work with payment to be made on the basis of actual cost of
the labor and materials required to complete the Additional Work. If the Project is
federally funded, a time and materials Change Order shall only be issued after a
determination that no other Change Order is suitable and the Change Order shall
include a ceiling price that the Contractor exceeds at its own risk.
5. Federally Funded Projects. For any change in price to the Contract, general and
administrative expenses shall be negotiated and must conform to the cost
principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be
negotiated as a separate element of the cost. To establish a fair and reasonable
profit, consideration must be given to the complexity of the Additional Work to be
performed, the risk borne by the Contractor, the Contractor's investment, the
amount of subcontracting, the quality of its record of past performance, and
industry profit rates in the surrounding geographical area for similar work.
6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and-
material work shall be limited to direct expenditures necessitated specifically by
the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for
each craft or type of worker at the time the Additional Work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds, and other direct costs resulting from
federal, state or local laws, as well as assessment or benefits required by lawful
collective bargaining agreements. The use of a labor classification which
would increase the Additional Work cost will not be permitted unless the
Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are
not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at
which such materials are locally available in the quantities involved, plus sales
tax, freight and delivery. Materials costs shall be based upon supplier or
manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in
determining equipment use shall not exceed listed rates prevailing locally at
equipment rental agencies, or distributors, at the time the work is performed.
The Contractor shall furnish cost data supporting the establishment of the
rental rate. The rental rate to be applied for use of each items of equipment
shall be the rate resulting in the least total cost to the City for the total period
of use. The City shall the make the final determination as to an equitable rental
rate for the equipment. No payment will be made for the use of small tools,
which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment
is in productive operation on the Additional Work being performed.
Rental time will not be allowed while equipment is inoperative due to
breakdowns.
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(ii) All equipment shall, in the opinion of the City, be in good working
condition and suitable for the purpose for which the equipment is to be
used. Equipment with no direct power unit shall be powered by a unit
of at least the minimum rating recommended by the manufacturer.
(iii) Before construction equipment is used on any Additional Work, the
Contractor shall plainly stencil or stamp an identifying number thereon
at a conspicuous location, and shall furnish to the City, in duplicate, a
description of the equipment and its identifying number.
(iv) When hourly rates are listed, any part of an hour less than 30 minutes
of operation shall be considered to be 1/2-hour of operation, and any
part of an hour greater than 30 minutes will be considered one hour of
operation. When daily rates are listed, any part of a day less than 4
hours operation shall be considered to be 1/2-day of operation.
d. Allowed Mark-up. The allowed mark-up for any and all overhead (including
supervision and home and field office costs) and profit on work added to the
Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools
and equipment only, excluding overhead and profit. The costs of
applicable insurance and bond premium will be reimbursed to the
Contractor and Subcontractors at cost only, without mark-up.
Contractor shall provide the City with documentation of the costs,
including but not limited to payroll records, invoices, and such other
information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up
shall not exceed fifteen (15%) percent of labor costs, ten percent (10%)
of material costs, and ten percent (10%) of the cost of tools and
equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead
and profit shall not exceed fifteen percent (15%) of the Subcontractor’s
Net Cost of the Work to which the Contractor may add up to five percent
(5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub-subcontractor, the added cost for
overhead and profit shall not exceed fifteen percent (15%) of the sub-
subcontractor’s Net Cost for Work to which the Subcontractor and
Contractor may each add up to an additional five percent (5%) of the
Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and
in no case shall the added cost for overhead and profit payable by the
City exceed twenty-five percent (25%) of the Net Cost as defined
herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and
to calculation as further detailed in (b)(B)(5) above.
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e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials
invoices, records of equipment hours, and records of rental equipment
hours to the City’s for an approval signature each day that Work is
performed on a time-and-material basis. The Engineer’s signature on
time sheets only serves as verification that the Work was performed
and is not indicative of the City’s agreement to Contractor’s entitlement
to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet,
which shall include total actual costs, within five (5) Days following
completion of Additional Work on a time-and-material basis.
Contractor’s total actual cost shall be presented in a summary table in
an electronic spreadsheet file by labor, material, equipment, and any
other costs, along with documentation supporting the costs.
Contractor’s failure to submit the T&M Summary Sheet within five (5)
Days of completion of the Additional Work will result in Contractor’s
waiver for any reimbursement of any costs associated with the
Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead
costs, all of which are to be considered administrative costs covered by the
Contractor’s mark-up, shall not be allowed costs and shall not be included in
any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s
officers, executives, principals, general managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing
and contracting agents, timekeepers, clerks, and other personnel
employed by Contractor whether at the Site or in Contractor’s principal
office or any branch office, material yard, or shop for general
administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch
offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including
interest on Contractor’s capital employed for the Additional Work and
charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any
Subcontractor or Supplier, or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable, including
without limitation the correction of Defective Work, disposal of materials
or equipment wrongly supplied, and making good any damage to
property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that
remain the property of Contractor;
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(vi) Administrative Costs. Costs associated with the preparation of Change
Orders (whether or not ultimately authorized), cost estimates, or the
preparation or filing of Claims;
(vii)Anticipated Lost Profits. Expenses of Contractor associated with
anticipated lost profits or lost revenues, lost income or earnings, lost
interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a
“home office overhead” rate by application of the Eichleay, Allegheny,
burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or
attorneys, whether or not in the direct employ of Contractor, employed
for services specifically related to the resolution of a Claim, dispute, or
other matter arising out of or relating to the performance of the
Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in the Contract
Documents; including but not limited to: submittals, drawings, field
drawings, shop drawings, including submissions of drawings; field
inspection; general superintendence; computer services; reproduction
services; salaries of project engineer, superintendent, timekeeper,
storekeeper, and secretaries; janitorial services; small tools, incidentals
and consumables; temporary on-site facilities (offices, telephones, high
speed internet access, plumbing, electrical power, lighting; platforms,
fencing, water); surveying; estimating; protection of work; handling and
disposal fees; final cleanup; other incidental work; related warranties;
insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally
funded, any costs that are not allowable, reasonable and allocable to
the Project, under generally accepted accounting principles and the
applicable federal requirements.
9.2 Procedure for Resolving Claims.
Contractor shall timely comply with any and all requirement of the Contract Documents pertaining
to notices and requests for changes to the Contract Time or Contract Price, including but not
limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this
Article. The failure to timely submit a notice of delay or notice of change, or to timely request a
change to the time for completion or Contractor’s compensation, or to timely provide any other
notice or request required herein shall constitute a waiver of the right to further pursue the claim
under the Contract or at law.
A. 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
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resolve disputes on construction claims. The intent of this Article is to implement
Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
This Article shall be construed to be consistent with all applicable law, including but
not limited to these statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the
Contractor for:
1. An adjustment to the time for completion including, without limitation, for relief from
damages or penalties for delay assessed by the City;
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. 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.
C. Filing Claims. Claims governed by this Article 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 Article must 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 Article 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.
D.Documentation. The Contractor shall submit all Claims in the following format:
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
2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
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e. Other
3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if the
Contract Documents do not require a particular format, CPM format, if an
adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, 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.
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.
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.
F. 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.
G. 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
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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.
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.
2. For purposes of this Article, 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 Article.
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.
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.
H. 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 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.
I. Civil Actions. The following procedures are established for all civil actions filed to
resolve Claims of $375,000 or less:
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.
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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.
J. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article 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.
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. 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.
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 Contractor or that should reasonably by known
to Contractor excepting only new unrelated Claims that arise after the
Government Code claim is submitted.
K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the
time periods described in this Article or to otherwise meet the time requirements of
this Article shall result in the Claim being deemed rejected in its entirety, and shall
not constitute a waiver of any rights under this Article.
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ARTICLE 10 - MEASUREMENT; PAYMENT
10.1 Cost Breakdown.
A. Lump Sum Work.
1. Contractor shall furnish on forms approved by the City within ten (10) Days of the
Notice to Proceed, a schedule of values allocating the entire Contract Price to the
various portions of the Work and prepared in such a form and supported by such
data to substantiate its accuracy as the Engineer may require. This schedule of
values, unless objected to by the Engineer, shall be used as a basis for reviewing
the Contractor’s applications for payment. Contractor shall submit the schedule of
values prior to submitting its first application for payment, and the City will not issue
any payment until it receives and approves the schedule of values.
B. Unit Price Work.
1. Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each separately identified
item of Unit Price Work multiplied by the estimated quantity of each item as
indicated in the Contract. The estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover Contractor’s overhead
and or profit for each separately identified item.
2. Unless otherwise specified, payment will be based on the actual quantities of Work
as verified and approved by the Engineer, based on the price per unit as set forth
in the Bid.
3. The City or Contractor may initiate a Change Order or Change Order Request to
adjust the Contract Price in accordance with Contractor Documents based on
actual quantities of Unit Price Work. The City or Contractor may make a claim for
an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor
differs by twenty-five percent (25%) or more from the estimated quantity of
such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item
of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit
price as a result of having incurred additional expense or the City believes
that the City is entitled to a decrease in unit price and the parties are unable
to agree as to the amount of any such increase or decrease.
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10.2 Progress Estimates and Payment.
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to
Engineer a payment request which shall set forth in detail the value of the Work done
for the period beginning with the date Work was first commenced and ending on the
end of the calendar month for which the payment request is prepared. Contractor
shall include an adjusted list of actual quantities, verified by the Engineer, for unit
price items listed, if any, in the Bid. Contractor shall include any amount earned for
authorized Additional Work. Contractor shall certify under penalty of perjury, that all
cost breakdowns and periodic estimates accurately reflect the Work on the Project.
B. From the total thus computed, a deduction shall be made in the amount of five
percent (5%) for retention, except where the City has adopted a finding that the Work
done under the Contract is substantially complex, and then the amount withheld as
retention shall be the percentage specified in the Notice Inviting Bids. From the
remainder a further deduction may be made in accordance with Section C below.
The amount computed, less the amount withheld for retention and any amounts
withheld as set forth below, shall be the amount of the Contractor’s payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments
otherwise due to Contractor, as in its judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor
or any Subcontractors for labor or materials furnished in and about the
performance of work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his Subcontractor or for material
or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be
completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the Count for claims against Contractor.
7. Failure of Contractor to keep the Record Drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
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D. The City may apply such withheld amount or amounts to payment of such claims or
obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of
this Article, which must be retained or applied in accordance with applicable law. In
so doing, the City shall be deemed the agent of Contractor and any payment so
made by the City shall be considered as a payment made under contract by the City
to Contractor and the City shall not be liable to Contractor for such payments made
in good faith. Such payments may be made without prior judicial determination of
claim or obligations. The City will render Contractor a proper accounting of such
funds disbursed on behalf of Contractor.
E. Upon receipt, the Engineer shall review the payment request to determine whether
it is undisputed and suitable for payment. If the payment request is determined to
be unsuitable for payment, it shall be returned to Contractor as soon as practicable
but not later than seven (7) Days after receipt, accompanied by a document setting
forth in writing the reasons why the payment request is not proper. The City shall
make the progress payment within 30 Days after the receipt of an undisputed and
properly submitted payment request from Contractor, provided that a release of liens
and claims has been received from the Contractor pursuant to Civil Code section
8132. The number of days available to the City to make a payment without incurring
interest pursuant to this paragraph shall be reduced by the number of Days by which
the Engineer exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for
payment of the payment request and payment is not delayed due to an audit inquiry
by the financial officer of the City.
G. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City
a written statement of the final quantities of unit price items for inclusion in the final
payment request. The City shall have the right to adjust any estimate of quantity
and to correct any error made in any estimate for payment.
B. When the Work has been accepted there shall be paid to Contractor a sum equal to
the Contract Price less any amounts previously paid Contractor and less any
amounts withheld by the City from Contractor under the terms of the Contract. The
final five percent (5%), or the percentage specified in the Notice Inviting Bids where
the City has adopted a finding of substantially complete, shall not become due and
payable until as required by Public Contract Code section 7107. If the Contractor
has placed securities with the City as described herein, the Contractor shall be paid
a sum equal to one hundred percent (100%) of the Contract Price less any amounts
due the City under the terms of the Contract.
C. Unless Contractor advises the City in writing prior to acceptance of the final five
percent (5%) or the percentage specified in the Notice Inviting Bids where the City
has adopted a finding of completion, or the return of securities held as described
herein, said acceptance shall operate as a release to the City of all claims and all
liability to Contractor for all things done or furnished in connection with this Work and
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for every act of negligence of the City and for all other claims relating to or arising
out of this Work. If Contractor advises the City in writing prior to acceptance of final
payment or return of the securities that there is a dispute regarding the amount due
the Contractor, the City may pay the undisputed amount contingent upon the
Contractor furnishing a release of all undisputed claims against the City with the
disputed claims in stated amounts being specifically excluded by Contractor from the
operation of the release. No payments, however, final or otherwise, shall operate to
release Contractor or its sureties from the Faithful Performance Bond, Labor and
Material Payment Bond, or from any other obligation under this Contract.
D. In case of suspension of the Contract any unpaid balance shall be and become the
sole and absolute property of the City to the extent necessary to repay the City any
excess in the cost of the Work above the Contract Price.
E. Final payment shall be made no later than 60 Days after the date of acceptance of
the Work by the City or the date of occupation, beneficial use and enjoyment of the
Work by the City including any operation only for testing, start-up or commissioning
accompanied by cessation of labor on the Work, provided that a release of liens and
claims has been received from the Contractor pursuant to Civil Code section 8136.
In the event of a dispute between the City and the Contractor, the City may withhold
from the final payment an amount not to exceed 150% of the disputed amount.
F. Within ten (10) Days from the time that all or any portion of the retention proceeds
are received by Contractor, Contractor shall pay each of its Subcontractors from
whom retention has been withheld each Subcontractor’s share of the retention
received. However, if a retention payment received by Contractor is specifically
designated for a particular Subcontractor, payment of the retention shall be made to
the designated Subcontractor if the payment is consistent with the terms of the
subcontract.
ARTICLE 11 - MISCELLANEOUS
11.1 Patents.
A. Contractor shall hold and save the City, officials, officers, employees, and authorized
volunteers harmless from liability of any nature or kind of claim therefrom including
costs and expenses for or on account of any patented or unpatented invention,
article or appliance manufactured, furnished or used by Contractor in the
performance of this Contract.
B. Contractor shall comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements,” and any
implementing regulations issued by the Treasury.
11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and
the Contractor shall be subject to examination and audit by the State Auditor General
for a period of three (3) years after final payment.
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B. Contractor shall make available to the City any of the Contractor’s other documents
related to the Project immediately upon request of the City.
C. In addition to the State Auditor rights above, the City shall have the right to examine
and audit all books, estimates, records, contracts, documents, bid documents,
subcontracts, and other data of the Contractor (including computations and
projections) related to negotiating, pricing, or performing the modification in order to
evaluate the accuracy and completeness of the cost or pricing data at no additional
cost to the City, for a period of four (4) years after final payment.
11.3 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed to the
other party. Written notice to the Contractor shall be addressed to Contractor’s
principal place of business unless Contractor designates another address in writing
for service of notice. Notice to the City shall be addressed to the City as designated
in the Notice Inviting Bids unless the City designates another address in writing for
service of notice. Notice shall be effective upon receipt or five (5) Days after being
sent by first class mail, whichever is earlier. Notice given by facsimile shall not be
effective unless acknowledged in writing by the receiving party.
11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor
with timely notification of the receipt of any third-party claims relating to the Contract.
The City is entitled to recover reasonable costs incurred in providing such
notification.
11.5 State License Board Notice
A. 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.
11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the
rights or title of interest of any or all of this contract without the prior written consent
of the City. Any assignment or change of Contractor’s name of legal entity without
the written consent of the City shall be void. Any assignment of money due or to
become due under this Contract shall be subject to a prior lien for services rendered
or material supplied for performance of Work called for under the Contract
Documents in favor of all persons, firms, or corporations rendering such services or
supplying such materials to the extent that claims are filed pursuant to the Civil Code,
the Code of Civil Procedure or the Government Code.
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11.7 Change In Name And Nature Of Contractor’s Legal Entity.
A. Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken
to have the change reflected on the Contract and all related documents. No change
of Contractor’s name or nature will affect the City’s rights under the Contract,
including but not limited to the bonds.
11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the project, shall be or become directly or indirectly interested
financially in the Contract.
11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier,
or other person or organization performing any part of the Work, this Contract shall
be governed by the law of the State of California excluding any choice of law
provisions.
11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization
performing any part of the Work agrees that any action or suits at law or in equity
arising out of or related to the bidding, award, or performance of the Work shall be
maintained in the Superior Court of San Bernardino County, California, and
expressly consent to the jurisdiction of said court, regardless of residence or
domicile, and agree that said court shall be a proper venue for any such action.
11.11 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto are in addition to, and are not to
be construed in any way as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by Applicable Laws, by
special warranty or guarantee, or by other provisions of the Contract Documents.
The provisions of this Article will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.
11.12 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required
by, or given in accordance with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive final payment,
completion, and acceptance of the Work or termination or completion of the Contract
or termination of the services of Contractor.
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11.13 Headings.
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions.
11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor
and Subcontractors must conform to the following requirements:
1. In entering into a public works contract or a subcontract to supply goods, services,
or materials pursuant to a public works contract, Contractor or Subcontractor offer
and agree to assign to the awarding body all rights, title, and interest in and to all
causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of
Division 7 of the Business and Professions Code) arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract.
2. This assignment must be made and become effective at the time the awarding
body tenders to Contractor, without further acknowledgment by the parties.
11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, rules and regulations bearing on conduct of work as indicated and
specified by their terms. References to specific laws, rules or regulations in this
Contract are for reference purposes only, and shall not limit or affect the applicability
of provisions not specifically mentioned. If Contractor observes that drawings and
specifications are at variance therewith, he shall promptly notify City in writing and
any necessary changes shall be adjusted as provided for in this Contract for changes
in Work. If Contractor performs any Work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to City, he shall bear all
costs arising therefrom.
B. Contractor shall comply with generally accepted accounting principles and good
business practices, including all applicable cost principles published by the Federal
Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can
be viewed at
https://www.ecfr.gov/cgi-inltext¬idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.
Contractor shall comply with all federal, State and other funding source
requirements. Contractor shall, at its own expense, furnish all cost items associated
with this Agreement except as herein otherwise specified in the budget or elsewhere
to be furnished by City.
C. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
(“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA laws, rules and regulations. Contractor shall comply with the Historic Building
Code, including, but not limited to, as it relates to the ADA, whenever applicable.
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D. Contractor acknowledges and understands that, pursuant to Public Contract Code
section 20676, sellers of "mined material" must be on an approved list of sellers
published pursuant to Public Resources Code section 2717(b) in order to supply
mined material for this Contract.
E. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the Work, shall be or become directly or indirectly interested
financially in the Contract.
F. All provisions of law required to be inserted in the Contract or Contract Documents
pursuant to any Applicable Laws shall be and are inserted herein. If through mistake,
neglect, oversight, or otherwise, any such provision is not herein inserted or inserted
in improper form, upon the application of either party, the Contract or Contract
Documents shall be changed by City, at no increase in Contract Price or extension
in Contract Times, so as to strictly comply with the Applicable Laws and without
prejudice to the rights of either party hereunder
11.16 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
ARTICLE 12 -– FLEET COMPLIANCE
12.1 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”).
12.2 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.
12.3 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.
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Guadalupe Field at Sal Saavedra Park Revitalization 96 00 73 13 - SPECIAL CONDITIONS
00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK
1.1 Location of the Project.
A. 780 Roberds Ave N, San Bernardino, CA 92411
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Guadalupe Field at Sal Saavedra Park Revitalization 97 00 73 13 - SPECIAL CONDITIONS
1.2 Scope of Work.
A. The Scope of Work consists of in general removal and/or replacement of park
concrete, turf, parking lot, irrigation, poles, baseball field features, concession stand,
and restroom features.
ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS
Not Used
END OF SPECIAL CONDITIONS
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Guadalupe Field at Sal Saavedra Park Revitalization 98 SPECIFICATIONS
SPECIFICATIONS
"THE FOLLOWING SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS
IF SET FORTH IN THEIR ENTIRETY:
1. Guadalupe Field, San Bernardino, California – Technical Specifications
2. Specifications For Saavedra Park Restroom & Concession Renovation
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Guadalupe Field at Sal Saavedra Park Revitalization 99 PLANS AND DRAWINGS
PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY
REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1.Landscape Construction Plans for City of San Bernardino Gudalupe Field Park
Improvement Plans
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Guadalupe Field at Sal Saavedra Park Revitalization 100 ARPA REQUIREMENTS
COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American
Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification
Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number):
21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in
addition to any and all applicable County, State, and Federal laws, regulations, policies, and
procedures pertaining to the funding of this Contract. The use of the funds must also adhere to
official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any
funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the
ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor
i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii)
that are determined to have been misused; or iii) that are determined to be subject to a repayment
obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt
to the federal government. Contractor agrees to comply with the requirements of section 603 of
the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury
regarding the foregoing. Contractor shall provide for such compliance in any agreements with
subcontractor(s).
Contractor agrees to comply with the following:
A.In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-
Federal Contractor should, to the greatest extent practicable under a Federal award, provide
a preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section must be included in all subawards
including all contracts and purchase orders for work or products under this award. For
purposes of this section: “Produced in the United States” means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States. “Manufactured products” means items and
construction materials composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
B.In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and
video surveillance services or equipment such as phones, internet, video surveillance, cloud
servers are allowable except for the following circumstances: Obligating or expending covered
telecommunications and video surveillance services or equipment or services (as described
in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to
procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3)
Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216
that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public
safety, security of government facilities, physical security surveillance of critical infrastructure,
and other national security purposes, video surveillance and telecommunications equipment
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produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii)
Telecommunications or video surveillance services provided by such entities or using such
equipment; and (iii) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country. In implementing the prohibition under Public Law
115-232, section 889, subsection (f), paragraph (1), heads of executive agencies
administering loan, grant, or subsidy programs shall prioritize available funding and technical
support to assist affected businesses, institutions and organizations as is reasonably
necessary for those affected entities to transition from covered communications equipment
and services, to procure replacement equipment and services, and to ensure that
communications service to users and customers is sustained.
C.A non-Federal Contractor that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
D.Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
E.Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess
of $150,000 must contain a provision that requires the non-Federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. Sections1251-1389).
F.Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections
1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part
401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
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Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
G.Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where
applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that
involve the employment of mechanics or laborers must include a provision for compliance with
Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations
(29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C.
Section 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous to health or safety. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
H.Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required
to pay wages not less than once a week. The non-Federal contractor must place a copy of
the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal Contractor must report all suspected
or reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and
40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R.
Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States”). The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non-Federal contractor must report all suspected
or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their
employees and workers a wage not less than the minimum wage for the work classification
as specified in both the Federal and California wage decisions. See Section 3.10.6
“Prevailing Wages” for additional information regarding California Prevailing Wage Rate
Requirements and the applicable general prevailing wage determinations which are on file
with the City and are available to any interested party on request. The higher of the two
applicable wage determinations, either California prevailing wage or Davis-Bacon Federal
prevailing wage, will be enforced for all applicable work/services under this Contract.
I.Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
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Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address
administrative, contractual, or legal remedies in instances where Contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate.
J.All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-Federal Contractor including the manner by which it will be effected and the basis
for settlement.
K.Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60,
all contracts that meet the definition of “federally assisted construction contract” in Title 41
C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41
C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified
clause is below and Contractor shall comply with the clause and all legal requirements and
include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
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conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
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out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
L.Data Collection Requirements – Contractor agrees to collect pre-post data per County, and
United States Treasury guidelines and timeline, for project tracking and monitoring and
various reporting purposes. Data including, but not limited to: Required Project Demographic
Distribution Data; Required Performance Indicators and Programmatic Data; Required
Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track
and monitor data in a quantifiable and reportable database - retrievable collective data that
needs to be available to County, State or Federal governments upon request.
M.Data Submission Requirements - Contractor agrees to furnish data to the County upon
request, per County, and United States Treasury guidelines and timeline, for project tracking
and monitoring and various reporting purposes. Data including, but not limited to: Required
Project Demographic Distribution Data; Required Performance Indicators and Programmatic
Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor
agrees to track and monitor data in a quantifiable and reportable database - retrievable
collective data that needs to be available at request.
N.Project Progress Reporting - Contractor agrees to provide project timeline and progress
updates to the City upon request, per County, and United States Treasury guidelines and
timeline. Contractor agrees to routine and impromptu program and project evaluation by the
City.
O.Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards),
including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R.
Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2
C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be
amended. The use of funds must also adhere to official federal guidance issued or to be
issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its
subcontractor(s) in any manner that does not adhere to official federal guidance shall be
returned to the County. Contractor agrees to comply with all official guidance regarding the
ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available,
an amendment to this Contract may become necessary. If an amendment is required,
Contractor agrees to promptly execute the Contract amendment.
P.Contractor shall retain documentation of all uses of the funds, including but not limited to
invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334
(retention requirements for records). Such documentation shall be produced to City upon
request and may be subject to audit. Unless otherwise provided by Federal or State law
(whichever is the most restrictive), Contractor shall maintain all documentation connected with
its performance under this Contract for a minimum of five (5) years from the date of the last
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Guadalupe Field at Sal Saavedra Park Revitalization 106 ARPA REQUIREMENTS
payment made by City or until audit resolution is achieved, whichever is later, and to make all
such supporting information available for inspection and audit by representatives of the City,
the State or the United States Government during normal business hours at Contractor.
Copies will be made and furnished by Contractor upon written request by City.
Q.Contractor shall establish and maintain an accounting system conforming to Generally
Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement
which segregate and accumulate costs of Contractor and produce monthly reports which
clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable
expenditures by Contractor. Contractor shall provide a monthly report of expenditures under
this Contract no later than the 20th day of the following month.
R.Contractor shall cooperate in having an audit completed by City, at City’s option and expense.
Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance
will be completed by Contractor at Contractor’s expense.
S.Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined
by subsequent audit to be unallowable under the ARPA CLFRF within the time period required
by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving
notice of audit findings, which time shall include an opportunity for Contractor to respond to
and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail
to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within
such other period as may be agreed between both parties or required by the ARPA CLFRF,
City reserves the right to withhold future payments due Contractor from any source under
City’s control.
T.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are
inapplicable and subject to such exceptions as may be otherwise provided by Treasury.
Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply.
U.Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.
V.Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.
W.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described in 2
C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s
implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive
Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be
made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that
implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R.
Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
X.Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in
Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
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Guadalupe Field at Sal Saavedra Park Revitalization 107 ARPA REQUIREMENTS
Y.Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z.New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
Sections 4601-4655) and implementing regulations.
BB.Applicable Federal environmental laws and regulations.
CC.Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and
Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or activities
receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601 et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794),
which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.),
which prohibits discrimination on the basis of disability under programs, activities, and
services provided or made available by state and local governments or
instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections
12101 et seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
DD.Contractor understands that making false statements or claims in connection with the
ARPA funded activities is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy
available by law.
EE. Any publications produced with ARPA funds must display the following language: “This
project [is being] [was] supported, in whole or in part, by federal award number SLT-0628
awarded to San Bernardino County by the U.S. Department of Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being
encouraged to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented, or personally owned vehicles.
GG.Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being
encouraged to adopt and enforce policies that ban text messaging while driving and
establishing workplace safety policies to decrease accidents caused by distracted drivers.
HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987
applies, and Contractor assures that it:
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Guadalupe Field at Sal Saavedra Park Revitalization 108 ARPA REQUIREMENTS
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,
as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal funds, of
any person in the United States on the ground of race, color, or national origin (42
U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury
Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such
as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance
documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons
with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited
English proficiency (LEP). Contractor understands that denying a person access to
its programs, services, and activities, because of LEP is a form of national origin
discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury’s implementing regulations. Contractor shall initiate
reasonable steps, or comply with the Department of the Treasury’s directives, to
ensure LEP persons have meaningful access to its programs, services, and activities.
Contractor understands and agrees that meaningful access may entail provide
language assistance services, including oral interpretation and written translation
where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during
development of applicable budgets and when conducting programs, services, and
activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds
of race, color, or national origin, and limited English proficiency covered by Title VI of
the Civil Rights Act and implementing regulations and provide, upon request, a list of
all such reviews or proceedings based on the complaint, pending or completed,
including outcome.
II.The City must include the following language in every contract or agreement subject to Title
VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance
from excluding a program or activity, denying benefits of, or otherwise discriminating
against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et
seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31
C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C.
Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and
made a part of this contract or agreement.”
JJ.Contractor shall cooperate in any enforcement or compliance review activities by the City,
and/or the Department of the Treasury. Contractor shall comply with information requests,
on-site compliance reviews, and reporting requirements.
KK.Contractor shall maintain records and financial documents sufficient to evidence
compliance with section 603(c), regulations adopted by Treasury implementing those
sections, and guidance issued by Treasury regarding the foregoing.
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Guadalupe Field at Sal Saavedra Park Revitalization 109 ARPA REQUIREMENTS
LL.City has the right of access to records (electronic or otherwise) of Contractor in order to
conduct audits or other investigations.
MM.Contractor shall maintain records for a period of five (5) years after the completion of the
contract or a period of five (5) years after the last reporting date the City is obligated with the
Department of the U.S. Treasury, whichever is later.
NN.Contractor must disclose in writing any potential conflict of interest in accordance with Title
2 C.F.R. Section 200.112.
OO.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not
discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to
any of the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of
federal funds, an abuse of authority relating to a federal contract or grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related to a
federal contract (including the competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following: (i)
A member of Congress or a representative of a committee of Congress; (ii) An Inspector
General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for
contract or grant oversight or management; (v) An authorized official of the Department of
Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management
official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the
responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall
inform its employees in writing of the rights and remedies provided under this section, in the
predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment
to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with
any other terms in the Contract, the terms in this Exhibit shall control.
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Quantity Unit Unit Price Total Price
1 Mobilization LS 1 125,617.00$ 125,617.00$
2 Stormwater Pollution and Prevention Plan and NPDES Compliance Per Plans and Specifications LS 1 18,947.00$ 18,947.00$
3 Concrete paving removal SF 2,280 3.00$ 6,840.00$
4 Infield mix removal SF 17,645 3.00$ 52,935.00$
5 Turf & Irrigation removal SF 42,530 1.20$ 51,036.00$
6 Asphalt & base Removal SF 2,140 3.00$ 6,420.00$
7 Low Wall & footing Removal LF 224 30.00$ 6,720.00$
8 Chain Link Fence, Gates, and Poles & footings LF 455 28.00$ 12,740.00$
9 Backstop Netting Removal and Sports Lighting Fixtures LS 1 15,711.00$ 15,711.00$
10 Drinking Fountain removal EA 2 1,160.00$ 2,320.00$
11 Bollard Removal EA 2 479.00$ 958.00$
12 Concrete Picnic Table Removal EA 2 899.00$ 1,798.00$
13 Dugout Bench Removal EA 2 434.00$ 868.00$
14 Scoreboard removal EA 1 15,502.00$ 15,502.00$
15 Railing Removal LF 190 24.00$ 4,560.00$
16 BBQ grill removal EA 2 828.00$ 1,656.00$
17 Pull box removal EA 2 620.00$ 1,240.00$
18 Foul pole removal EA 2 2,470.00$ 4,940.00$
19 Pole removal EA 2 1,861.00$ 3,722.00$
20 Hose bib cap LS 1 2,964.00$ 2,964.00$
21 Booster pump & Controller removal LS 1 1,779.00$ 1,779.00$
22 Remove & Relocate Existing Bleachers LS 1 8,081.00$ 8,081.00$
23 Grading & Survey LS 1 173,603.00$ 173,603.00$
24 4" Asphalt Paving SF 695 8.40$ 5,838.00$
25 4" Asphalt Paving over 6" base SF 160 65.00$ 10,400.00$
26 4" Concrete Paving over 6" base SF 50 79.00$ 3,950.00$
27 4" Concrete Paving SF 2,470 12.00$ 29,640.00$
28 8" Wide Variable height concrete wall/curb LF 300 131.00$ 39,300.00$
29 Drainage System LS 1 18,177.00$ 18,177.00$
30 Drinking Fountain EA 2 11,366.00$ 22,732.00$
31 Fountain Sump EA 2 3,592.00$ 7,184.00$
32 Concrete Steps LS 1 4,743.00$ 4,743.00$
33 3' Tall Metal Handrail LF 90 178.00$ 16,020.00$
34 Parking Lot Striping LS 1 3,498.00$ 3,498.00$
35 Disabled Parking Stall Sign EA 2 356.00$ 712.00$
36 Disabled Parking Lot Sign EA 1 475.00$ 475.00$
37 Concrete Wheel Stop EA 1 89.00$ 89.00$
38 Infield Mix 4" Min.SF 17,210 4.10$ 70,561.00$
39 Dugout fencing, gate, bat rack and bench EA 2 22,407.00$ 44,814.00$
40 Set of Bases and Pegs EA 3 1,852.00$ 5,556.00$
41 6" Tall Portable Pitching Mound EA 1 2,628.00$ 2,628.00$
42 8" Tall Portable Pitching Mound EA 1 3,995.00$ 3,995.00$
43 Home Plate EA 1 1,253.00$ 1,253.00$
44 15' Tall Chain Link Backstop LF 80 368.00$ 29,440.00$
45 8' Tall Chain Link Fence LF 115 172.00$ 19,780.00$
46 10' Chain Link Fence (extension to outfield)LF 130 178.00$ 23,140.00$
47 6' Tall Chain Link Fence LF 24 297.00$ 7,128.00$
48 Backstop Netting and Pole Cap LS 1 29,640.00$ 29,640.00$
49 Scoreboard EA 1 48,651.00$ 48,651.00$
50 Foul Poles LS 1 33,196.00$ 33,196.00$
51 Wall Padding LS 1 9,485.00$ 9,485.00$
52 8' x 16' Wide Chain Link Gate EA 1 3,557.00$ 3,557.00$
53 6' x 5' Wide Chain Link Gate EA 1 1,779.00$ 1,779.00$
54 Turf Hydroseed, Turf Irrigation, Infield Irrigation LS 1 112,143.00$ 112,143.00$
55 Irrigation Controller EA 1 19,290.00$ 19,290.00$
56 Irrigation Booster Pump EA 1 60,798.00$ 60,798.00$
57 90 Day Plant Establishment/Maintenance Period (Field)SF 59795 0.40$ 23,918.00$
58 Existing Sports Field Lighting Update and Control System LS 1 18,590.00$ 18,590.00$
59 2 New poles with LED Fixtures, and Camera LS 1 82,052.00$ 82,052.00$
60 General Electrical LS 1 53,828.00$ 53,828.00$
1,388,937.00$
RG General
Engineering, Inc.
$1,388,937.00
$1,388,937.00
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
1. BID TABULATION
PROJECT NAME: Guadalupe Field at Sal Saavedra Park Revitalization
PROJECT NO: RFQ F-24-4006
Bid Item and Description
RG General Engineering, Inc.
Norco, CA
BID RANKING
TOTAL BID AMOUNT INDICATED BY BIDDER
BID TABULATION
BID SCHEDULE 1
Total BASE BID (BID ITEMS # 1-60)
S:\ENGINEERING\RFCA's\2024 All\6.5.24\Guadalupe Field at Sal Saavedra Park\Guadalupe Field. BID ANALYSISBID TABULATION 1 of 1
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Attach men t 5
Loc ation Map
200 ft
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Jeannie Fortune, Interim Director of Finance and Management
Services
Department:Finance & Management Services
Subject:2024 Fireworks Regulatory Fee Rate (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-131 of the Mayor and City Council of the City of
San Bernardino, California, setting the 2024 Regulatory Fee Rate of 10% for the sale
of "safe and sane" fireworks in the City of San Bernardino.
Executive Summary
The City of San Bernardino recommends that the Mayor and City Council adopt
Resolution No. 2024-131, which sets the 2024 Regulatory Fee Rate at 10% for the
sale of "safe and sane" fireworks. This fee is based on the gross sales of fireworks and
aims to cover the regulatory costs associated with issuing permits and enforcing
Municipal Code provisions. The City allows up to 35 licenses for nonprofit agencies to
sell fireworks each year, with the regulatory fee split equally between licensees and
suppliers. The anticipated cost of regulation and enforcement for 2024 is $211,916,
while the estimated revenue from the 10% fee is $130,000. This action supports the
City's strategic goal of improved operational and financial capacity and aligns with
maintaining fiscal accountability.
Background
The City of San Bernardino is one (1) of nine (9) municipalities in the County of San
Bernardino that allow for the sale, use, possession, and discharge of fireworks
designated as “safe and sane.” Under the current provisions of the San Bernardino
Municipal Code (SBMC), “safe and sane” fireworks are permitted in all areas south of
the 210 Freeway in the City of San Bernardino (Exhibit A) from noon on July 1st through
midnight on July 4th.
The City currently allows up to 35 licenses to nonprofit agencies for the sale of “safe
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and sane” fireworks each year. In 2023, twenty-eight (28) temporary use permits were
issued for fireworks stands. A regulatory fee for the sale of “safe and sane” fireworks
is established annually by the Mayor and City Council based on the gross sales of all
fireworks sold in the City. The purpose of the regulatory fee is to raise funds to cover
the reasonable regulatory costs of issuing the permits and enforcing the provisions of
the Municipal Code, including extra personnel time for inspection and enforcement
duties.
Discussion
The proposed amount of the regulatory fee is based on the licensee’s fireworks sales
financial statements from the prior year. Each licensee is required to submit fireworks
sales financial statements to the City Clerk’s Office no later than August 31 of every
year. Half the regulatory fee is paid by the licensee, and the remaining half is paid by
the fireworks supplier. In accordance with Section 8.60.095(B) of the Municipal Code,
the regulatory fee rate shall not exceed more than ten (10) percent of the total gross
sales of fireworks sold in the City during the prescribed timeframes (July 1st through
July 4th).
Each year, prior to imposing a fee, staff prepares a study (Exhibit B) of the anticipated
costs associated with the reasonable regulatory costs of issuing the permits and
enforcing the provisions of the Municipal Code, including extra personnel time for
inspection and enforcement duties. Exhibit B provides an assessment, itemized by
department, of the costs associated with fireworks sales, including the staff time
incurred by the Police Department, Finance Department for Business Registration, and
other related costs. The Mayor and City Council must adopt this regulatory fee rate no
later than 7:00 p.m. on July 1, as provided for in Section 8.60.095(B) of the Municipal
Code.
2021-2025 Strategic Targets and Goals
Revenue from the 2023 Regulatory Fee Rate of 10% for the sale of fireworks aligns
with Key Target No. 1: Improved Operational & Financial Capacity by implementing,
maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact with the adoption of this Resolution. Costs associated with
enforcement and estimated revenues are included in the FY 2024/25 Operating
Budget. The total estimated cost associated with regulating and enforcing the sale of
"safe and sane" fireworks in the City this year (2024) is $211,916. Based on a 10%
regulatory fee using the gross sales of all fireworks sold in the City in 2023 in
accordance with Section 8.60.096(B) of the Municipal Code, the estimated revenue to
be collected this year is $130,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-131 of the Mayor and City Council of the City of
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San Bernardino, California, setting the 2024 Regulatory Fee Rate of 10% for the sale
of "safe and sane" fireworks in the City of San Bernardino.
Attachments
Attachment 1 Resolution No. 2024-131
Attachment 2 Resolution No. 2024-131; Exhibit A - Location Map
Attachment 3 Resolution No. 2024-131; Exhibit B - Estimate of
Expenditures for 2024
Ward:
All Wards
Synopsis of Previous Council Actions:
June 21, 2023 Mayor and City Council adopted Resolution No. 2023-087 setting
the regulatory fee at 10%.
June 15, 2022 Mayor and City Council adopted Resolution No. 2022-128 setting
the regulatory fee at 10%.
June 2, 2021 Mayor and City Council adopted Resolution No. 2021-135 setting
the regulatory fee at 10%.
June 17, 2020 Mayor and City Council adopted Resolution No. 2020-130 setting
the regulatory fee at 10%.
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-86 setting the
regulatory fee at 10%.
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Resolution No. 2024-131
Resolution No. 2024-131
Page 1 of 3
June 5, 2024
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RESOLUTION NO. 2024-131
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
SETTING THE 2024 REGULATORY FEE FOR THE SALE
OF SAFE AND SANE FIREWORKS IN THE CITY OF SAN
BERNARDINO
WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency
ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the
fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the
fireworks company that supplies the product; and
WHEREAS, on July 1, 2013, the Mayor and City Council adopted an urgency ordinance
amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be
set no later than 7:00 p.m. on July 1 of each year; and
WHEREAS, prior to imposing the fee, the City is required to prepare a study of the
anticipated costs associated with fireworks education, awareness, and enforcement.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. That the Mayor and City Council of the City of San Bernardino, California,
have determined that the total anticipated costs for the City to cover the reasonable regulatory costs
of issuing the permits and enforcing the provisions of the Municipal Code, including extra
personnel time for inspection and enforcement duties, for the 2024 season has been calculated at
$211,916.
SECTION 3. Section 8.60.095 (B) of the City’s Municipal Code provides that the
regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during
the prior year.
SECTION 4. In the 2023 fireworks season, 10% of the total gross sales of fireworks as
reported by the licensees amounted to $130,000.
SECTION 5. The Mayor and City Council hereby set a regulatory fee rate of 10%.
SECTION 6. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
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Resolution No. 2024-131
Resolution No. 2024-131
Page 2 of 3
June 5, 2024
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SECTION 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5st day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-131
Resolution No. 2024-131
Page 3 of 3
June 5, 2024
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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. 2024-131, adopted at a regular meeting held on the 5th day of June 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
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Exhibit B
Fireworks 2024
Expenditure Estimates
Police Department Number of Personnel Labor Cost
June 16 5 overtime $3,170.85
June 17 5 overtime $3,170.85
June 18 5 overtime $3,170.85
June 19 23 straight time $9,017.06
June 20 33 straight time $12,986.13
June 21 33 straight time $12,986.13
June 22 33 straight time $12,986.13
June 23 23 straight time $9,017.06
June 24 5 overtime $3,170.85
June 25 5 overtime $3,170.85
June 26 23 straight time $9,017.06
June 27 33 straight time $12,986.13
June 28 33 straight time $12,986.13
June 29 33 straight time $12,986.13
June 30 23 straight time $9,017.06
July 1 35 overtime $21,646.17
July 2 35 overtime $21,646.17
July 3 24 overtime $15,396.26
July 4 24 overtime $15,396.26
July 5 2 overtime $1,236.10
Total Cost $205,160.24
Packet Page. 1219
Exhibit B
Finance Department Number of
Personnel
Labor Cost
Business Registration Representative 1 $5,048.65
Business Registration Manager 1 $1,707.42
Total $6,756.07
Total Expenditure Estimates $211,916.30
Public Education & Awareness Related to Regulatory
Enforcement
Community Affairs Social Media Campaign Straight Time
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department:Community Development & Housing
Subject:Commercial Cannabis Regulatory Program Update
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the oral report on the Commercial Cannabis Regulatory
Program.
Executive Summary
This agenda item is an overview of the status of the City of San Bernardino’s
Commercial Cannabis Program. There is no fiscal impact associated with this item. It
is recommended that the Mayor and City Council receive and file the Annual Update
on the Commercial Cannabis Regulatory Program.
Background
The San Bernardino Municipal Code (SBMC) Chapter 5.10 establishes the regulations
and standards for Commercial Cannabis Business (CCB) activities in the City. The City
Council initially adopted Chapter 5.10 through Ordinance MC-1464 in March 2018. In
October 2018, the City Council amended Chapter 5.10 with Ordinance MC-1503. The
City Council then adopted Resolution 2018-227 to place Ordinance MC-1503 on the
November 2018 ballot for voter approval. In November 2018, the voters approved
Ordinance MC-1503.
Under Chapter 5.10 of the SBMC, to operate a Commercial Cannabis Business in the
City, a person must obtain a valid CCB Permit from the City and a valid license from
the California Department of Cannabis Control (SBMC § 5.10.060). The City offers six
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types of permits: cultivation; distribution; manufacturing; microbusiness; retail; and
testing. (SBMC § 5.10.060). Chapter 5.10 currently caps the number of Commercial
Cannabis Business Permits that the City may issue at 17 retail, and unlimited for all
other license types.
Discussion
Current Status of Permits
Currently, the City has 16 commercial cannabis businesses, comprised of eight (8)
retail locations, six (6) microbusinesses with a retail component, and two (2) cultivation
facilities. Additionally, there is one unopened business under construction.
The business that is currently under construction has experienced extenuating
circumstances that have caused delays in the process. Staff are actively working with
the applicant and outside resources to assist with project completion, including
mitigating concerns with electrical service. The applicant anticipates being issued a
Cannabis Business Permit to operate towards the end of this year (2024).
On November 28, 2023, staff issued a revocation of the Cannabis Business Permit
(CBP) 20-001 to Empire Connect / Herban Kulture. The revocation was issued for
failure to remain current on Cannabis Tax Reporting and Remittance. Similarly, the
City’s Business Registration division also issued a revocation for the Operator’s
Business License. On December 6, 2023, an appeal request form was received and
on December 28, 2023, an appeal hearing was conducted. On January 11, 2024, an
Administrative Hearing Decision and Order was received upholding the revocation.
On March 27, 2024, staff issued a Letter of Forfeiture for Commercial Cannabis
Business (CCB) Permit 18-0048 issued to 14 Four. Subsequently, on March 28, 2024,
staff issued a Letter of Forfeiture for CCB 18-0012 to Orange Show Cultivators. In
accordance with the ”Failure To Take Further Actions” guidelines adopted by Mayor
and City Council through Resolution No. 2020-253, both letters were issued due to the
lack of pursuing and obtaining their permits to operate.
On April 3, 2024, staff was notified that Have a Heart, DBA Hightimes, located at 590
S. E Street, had closed its doors as of March 25, 2024, and may be surrendering its
cannabis license to the Department of Cannabis Control (DCC). If they do not
surrender their license, it will automatically expire on June 13, 2024. By surrendering
it to or allowing the license to expire with the DCC, they will simultaneously be
surrendering their permit, CBP 22-001, with the City of San Bernardino. This comes
after months of non-compliance in reporting and remittance of their Cannabis Tax and
non-payment of their 2024 Annual Regulatory fee. Staff is currently working in
conjunction with DCC on the surrender/expiration of this license.
The table below provides a list of the cannabis businesses in the City and the location
and status of each one.
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Revenues
The Commercial Cannabis Regulatory Program requires applicants to pay fees to
recover the City’s costs in processing applications, permits, inspections and audits.
The program also requires quarterly Cannabis Tax payments that are incorporated into
the General Fund and get allocated to projects where it is most needed in the
community, such as police services, road repairs, parks, and libraries.
Since the beginning of Fiscal Year 2019/2020, and as of May 6, 2024, the Commercial
Cannabis program has drawn in just over $726,477 in Application and Annual
Regulatory Fees. It was anticipated that the City would collect just over $255,000 in FY
23/24, however, with the unanticipated closure of Hightimes, the City came in slightly
under the annual projection. In Fiscal Years 24/25 and 25/26, the City will start to see
a steady flow of revenue projections as it maintains the number of operators within the
City.
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Since the beginning of Fiscal Year 2019/2020, and as of April 30, 2024, Commercial
Cannabis Taxes have brought in just over $10.3 million. The spike in collected Tax
Revenues occurring in FY 21/22 is attributed to the influx of taxes paid as a close out
to an agreement reached with Captain Jack’s and Shatter. The difference in collected
and anticipated Tax Revenues in FY 23/24 is attributed to the revocation of Empire
Connect and the closure of Hightimes.
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Cannabis Crime Stats
The Police Department, through the Crime View Dashboard database, tracks crime
statistics throughout all 219 reporting districts within the City limits. Staff maintain
contact with the Police Department as it relates to confirming crime at the City’s current
active and operating CCBs as part of meeting the Commercial Cannabis Regulatory
program requirements.
The Police Department ran an incident analysis report from July 2022 to April 2024,
and the calls consisted mainly of false alarms, collision reports, vandalism, and other
unrelated calls not associated with the cannabis operations themselves. In nearly two
years, there have only been two significant calls for service for theft at a licensed
dispensary.
Since the inception of the Cannabis Task Force, the Code Enforcement Division, along
with the San Bernardino Police Department in collaboration with the California
Department of Tax & Fee Administration, have investigated and closed 48 illegal
marijuana dispensaries, “seshs” and indoor grows. There are currently nine open and
ongoing investigations.
Process Updates
Staff have effectively implemented enhancements to the City’s operational procedures,
application protocols, and overall process flow. These improvements are designed to
streamline future operations, ensuring efficiency and ease for all stakeholders.
On October 19, 2022, staff brought a Development Code Amendment before City
Council that streamlined the land use tables contained within the Development Code
to reflect cannabis land uses more accurately. Updating the land use table assists in
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being able to find the most suitable locations for the different types of cannabis license
types.
Financial and Compliance Audits
Staff are working with the Cannabis Consultant, SCI Consulting, to conduct Financial
and Compliance Audits for all licensed Commercial Cannabis operators. Staff
anticipate the completion of these audits by October 2024. This initiative underscores
our commitment to regulatory excellence and transparency.
Program Maintenance and Operator Success
Staff’s recommendation is to continue the current Commercial Cannabis Program
structure. The focus will continue to remain on strengthening partnerships with existing
operators and providing them with the support needed to thrive and adhere to all
regulatory requirements. This includes the timely reporting and remittance of
Regulatory Fees and Cannabis Taxes, which are vital to the program’s integrity and
success.
2021-2025 Strategic Targets and Goals
The Annual Update on the Commercial Cannabis Regulatory Program is consistent
with Key Target No 1: Improved Operational & Financial Capacity. Specifically, the
multiple streams of revenue through Regulatory Fees, Cannabis Tax and Cannabis
Sales Tax provide a long-term revenue source. Commercial Cannabis Regulatory
Program Applicants are required to pay application fees to recover the City’s costs in
processing permits, conducting inspections, along with Cannabis Tax and Cannabis
Sales Tax. The Cannabis Tax Revenue stream goes to improvements throughout the
city as allocated through the budget process.
Fiscal Impact
Commercial Cannabis Regulatory Program Applicants are required to pay application
fees to recover the City’s costs in processing the permits, along with Cannabis Tax and
Cannabis Sales Tax.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the oral report on the Commercial Cannabis Regulatory
Program.
Attachments
Attachment 1 - Commercial Cannabis Update PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
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March 17, 2018, Mayor and City Council adopted Ordinance MC-1464 establishing
regulations and standards for Commercial Cannabis.
August 1, 2018, Mayor and City Council adopted Resolution No. 2018-277 placing
Ordinance No. MC-1499 establishing Cannabis Tax on the November ballot which was
approved by the voters.
August 17, 2022, Mayor and City Council received and filed an Annual Update on the
Commercial Cannabis Regulatory Program.
Packet Page. 1227
2024 Cannabis Update
Presented by: Gabriel Elliott, Community Development & Housing Director
Stephanie Castro, Economic Development Project Manager
Packet Page. 1228
Current Status
CBP#Business Name DBA Address License Type Issued
20-004 Jiva Cookies 494 W. Orange Show Lane Retail 9/2020
21-002 Captain Jacks 100 W. Hospitality Lane Retail 9/2021
21-003 Shatter 350 W. 5th Street Retail 9/2021
22-003 RD San Bernardino Higher Ground 240 E. Redlands Blvd Retail 6/2022
22-004 PTRE Management Culture 225 S. Airport Drive Retail 7/2022
23-002 EEL Holdings Catalyst 506 W. Inland Center Drive Retail 8/2023
23-003 SB Pharma The Row House 1975 Diners Court Retail 10/2023
23-004 Ashe Society ASHE 444 N. H Street Retail 2/2024
19-001 Blunt Bros / Ikanik Farms PACKS 2211 S. Hunts Ln. (K – O)Micro (R)10/2019
20-002 Pure Dispensaries Haven 164 W. Redlands Blvd. Micro (R)7/2020
20-003 Nibble Easy Stiiizy 1181 S. E Street Micro (R)8/2020
21-001 Nibble 390H Stiiizy 390 N. H Street Micro (R)1/2021
22-002 Central Avenue Nursery Sky Club 723 S. Allen Street Micro (R)5/2022
24-002 SOCA Farms 654 S. Lincoln Avenue Micro (R)3/2024
22-005 GWC Real Estate Joshua’s Healing Garden 741 S. Lugo Avenue Cultivation 12/2022
23-001 Accessible Options 151 N. E Street Cultivation 6/2023
Total 16
“Use It or Lose It” (Reso 2020-253)
18-0035 RZNHEAD 1090 S. Arrowhead Ave Micro (R)
Forfeitures & Revocations
18-0012 Orange Show Cultivators Forfeited 764 S. Inland Center Drive Micro
18-0048 14 Four Forfeited 435 E. Park Center Circle Cultivation
20-001 Empire Connect / Herban
Kulture Revoked 764 S. Inland Center Drive.Retail
22-001 Have a Heart Hightimes 590 S. E Street Retail 2/2022
16 Commercial
Cannabis Businesses
•8 Stand Alone
Retail
•6 Micro with Retail
•2 Cultivation
1 Revocation
2 Forfeitures
1 Pending Surrender
Packet Page. 1229
Current Status
Packet Page. 1230
Revenues
Since FY 19/20 - $726,477
•Applications
•Live Scans
•Background Checks
•Annual Regulatory Fees
FY 23/24 – Came in under
the anticipated $255,000 due
to closures
FY 24/25 into FY 25/26 – will
stabilize
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
0.00
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
Cannabis Revenues
Annual Regulatory Fee & Applications Anticipated
Packet Page. 1231
Revenues
FY 19/20 – No Tax Collected
FY 20/21 – $1.2M
FY 21/22 - $4.3M
FY 22/23 - $2.5M
FY 23/24 – $2.0M Collected
& $2.8M Anticipated
FY 24/25 into FY 25/26 –
projected $3.7M
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
0.00
500,000.00
1,000,000.00
1,500,000.00
2,000,000.00
2,500,000.00
3,000,000.00
3,500,000.00
4,000,000.00
4,500,000.00
5,000,000.00
Cannabis Tax
Collected Anticipated
Packet Page. 1232
Cannabis Taxes
Cannabis Tax Ordinance MC-15-01
August 2018 - The amount of revenue generated for the General Fund is
approximately $810,000 to $2,475,000 annually according to industry
trends, however, impacted by considerable variations including the number
and types of issued licenses, pricing, and productivity of operators.
FY 24/25 – The City will have surpassed the original projections in Cannabis
Tax Collections.
Packet Page. 1233
Crime Stats
219 Reporting Districts within City Limits
16 Permitted Locations
130 Total Calls for Service
False Alarms, Collision Reports, Vandalism and other related calls
20 Reports Taken
2 incidents of theft at a licensed dispensary
Packet Page. 1234
Task Force
48 Elicit & Illegal Closures
•Marijuana Dispensaries
•“Seshs”
•Indoors Grows
Work done in collaboration with San Bernardino Police Department and
other State agencies, including the California Department of Tax & Fee
Administration (CDTFA)
•9 open and ongoing investigations
Packet Page. 1235
Updates
Overall Process
•Development Code Amendment – October 2022
Streamlined Land Use Tables within the Development Code
Financial & Compliance Audits
•Audits anticipated to be completed by October 2024
Program Maintenance & Operator Success
•Focus on current program
•Strengthening partnerships with existing operators
•Provide needed support to remain compliant
Packet Page. 1236
Recommendation:
It is recommended that the Mayor and City Council receive and file this
update.
Packet Page. 1237
QUESTIONS?
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Suzie Soren, Deputy City Manager;
Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Approval of the City Manager's FY 2025 & FY 2026
Operating Budget & CIP 2025-2029 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-139 of the Mayor and City Council of the City of San
Bernardino, California, approving the City of San Bernardino’s Fiscal Years
2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;
2. Adopt annual budgets for Fiscal Years 2024/25 and Fiscal Year 2025/26 with
any City Council approved modifications made during the Public Hearing to be
incorporated into the City of San Bernardino’s Fiscal Years 2024/25 and
2025/26 Operating Budget and Capital Improvement Plan and included as part
of the final adopted budgets;
3. Establish the City’s Appropriations Limit as required by Article XII of the
California State Constitution; and
4. Adopt Resolution No. 2024-140 of the Mayor and City Council of the City of San
Bernardino, California, approving an amendment to the city-wide salary
schedule for full-time, part-time, temporary, and seasonal positions.
Executive Summary
The City Manager’s Proposed Budget provides the Mayor and City Council with a
budget for the Fiscal Years 2024/25 and 2025/26. The presentation will provide an
overview of the City Manager’s proposed operating and capital budgets.
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Background
Section 701 of the City Charter provides that the City Manager shall prepare
and submit a proposed budget to the Mayor and City Council for the ensuing fiscal
year. Article VII in Section 703 further states that the Council shall publish a general
summary of the budget and CIP and hold one (1) or more public hearings. After the
public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by
the Council before the beginning of each fiscal year.
The budget process kicked off in early 2023, where departments were directed to
submit proposed budgets for review. Meetings with Departments, the Finance
Department, and the City Manager’s Office occurred to review departmental
submittals. On May 15, 2024, the Mayor and City Council held a Public Hearing to
review and discuss the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget
and Capital Improvement Plan 2025-2029. The direction was provided to staff to
continue the Public Hearing to June 5, 2024, which was held earlier this evening.
Discussion
The Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Budget
recommendations were guided by the Mayor and City Council’s Strategic Targets and
Goals for the City of San Bernardino. The four overarching categories of these Targets
and Goals are:
•Improved Operational and Financial Stability
•Focused, Aligned Leadership and Unified Community
•Improved Quality of Life
Economic Growth & Development
The discussion aims to review and adopt the proposed operating budgets for Fiscal
Years 2024/25 and 2025/26 and adopt the 2025-2029 Capital Improvement Program
(CIP). The attached budget document presents an in-depth look at the programs and
services provided by the City and supports the Mayor & City Council in allocating
resources in a way that best serves the community. The full proposed budget that will
become the adopted budget for Fiscal Years 2024/25 and 2025/26 is fully available in
a digital format.
Proposed Fiscal Year 2025 & 2026 Budget
<https://stories.opengov.com/sanbernardinoca/published/RcJljI4Ai >. This site allows
members of the public to explore the proposed budget by department fully, learn more
about the components of the budget, and view visual representations of the
breakdowns of expenditures.
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General Fund Revenue
The proposed General Fund revenue for Fiscal Year 2024/25 is $236,603,800, and
for Fiscal Year 2025/26 is $253,166,066, representing a 13.6% increase from FY
2023/24 Adopted Budget. Measure S (transaction and use tax) and Sales and Use
Tax remain the main revenue sources within the General Fund. These revenue
sources have stabilized from the levels seen during the pandemic; the forecast
includes a 1-5% increase in FY 2024/25 and FY 2025/26 over the FY 2023/24 Adopted
Budget.
Several revenue categories within the General Fund are expected to continue to
increase, such as investment income, use of money and property, utility user tax, other
taxes, and licenses and permits. These revenues cover public safety, parks, and
community services, development services, and other activities and programs.
Below is a table with the forecast revenues for FY 2024/25 & FY 2025/26.
Charges for servi ces 9,087,250$ 10,319,801$ 11,042,187$
Fines and forfei tures 1,397,000$ 1,593,262$ 1,704,790$
Franchise Tax 13,280,000$ 14,939,265$ 15,985,014$
Intergovernmental 5,348,374$ 2,949,650$ 3,156,126$
Investment i ncome 900,000$ 999,900$ 1,069,893$
Licenses & permi ts 14,378,500$ 16,989,167$ 18,178,409$
Measure S Sal es Tax 50,528,000$ 53,550,000$ 57,298,500$
Mi scel l aneous 3,844,697$ 4,238,231$ 4,534,907$
Other Taxes 9,550,000$ 11,599,680$ 12,411,658$
Cannabi s Tax 2,800,000$ 3,460,800$ 3,703,056$
Property Tax In Li eu VLF 23,000,000$ 25,806,000$ 27,612,420$
Sales and Use Tax 57,088,000$ 58,623,667$ 62,727,324$
Use of Money and Property 2,357,000$ 2,640,627$ 2,825,471$
Uti li ty Users Tax 25,000,000$ 28,893,750$ 30,916,313$
Tot al General Fund Revenues: $ 218,558,821 $ 236,603,800 $ 253,166,066
CITY OF SAN BERNARDINO REVENUE ESTIMATES
FY 2024/25 & FY 2025/26
Account Type FY 2023/24
Projected Year-End
FY 2024/25
Proposed
FY 2025/26
Proposed
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General Fund Expenditures
The chart below summarizes the total General Fund expenditures in the Operating
Budget. The proposed General Fund expenditures for Fiscal Year 2024/25 are
$237,733,763, and for Fiscal Year 2025/26 are $252,961,302. In both Fiscal Years
2024/25 and 2025/26, approximately 63% of total expenditures are related to
personnel costs alone, and the remaining 37% are other non-personnel expenses such
as programs, services, and capital expenditures.
The following table summarizes the estimated expenditures for the General Fund FY
2023/24 year-end and the proposed expenditures for FY 2024/25 and 2025/26 by
department. Further information detailing each departments’ expenditure levels can
be found within the budget book linked above.
Depart ment FY 2023/24
Project ed Year-End
FY 2024/25
Proposed
FY 2025/26
Proposed
Mayor 305,812$ 403,756$ 425,651$
Cit y Council 1,092,321$ 1,243,619$ 1,300,847$
Cit y Clerk 1,748,820$ 1,942,869$ 1,994,357$
Legal Services 5,304,826$ 5,181,587$ 5,536,580$
General Government 11,734,400$ 10,420,266$ 13,194,135$
Cit y Manager's Office 3,440,261$ 5,243,556$ 5,805,481$
Human Resource & Risk Management 2,975,837$ 2,784,522$ 3,042,376$
Finance & Management Services 5,580,156$ 6,612,496$ 7,241,806$
Economic Development -$ 1,785,363$ 2,002,329$
Community Development & Housing 12,092,145$ 15,004,584$ 16,413,508$
Police 116,734,761$ 132,847,479$ 138,329,846$
Parks Recreation & Community Services 5,224,619$ 6,000,401$ 6,389,934$
Public Works 31,164,575$ 35,591,030$ 37,647,120$
Library Services 2,924,322$ 4,975,030$ 4,952,282$
Special Assessment District 114,321$ 150,000$ 150,000$
Capital Improvement Operating Contribution 2,000,000$ -$ -$
Transfer out to Animal Services 4,269,976$ 7,547,205$ 8,535,050$
Total General Fund Expenditures 206,707,152$ 237,733,763$ 252,961,302$
CITY OF SAN BERNARDINO PROPOSED EXPENDITURES
FY 2024/25 & FY 2025/26
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General Fund Balances
The General Fund is the primary governmental fund for delivering programs and
services for the City of San Bernardino. In 2018, the Mayor and City Council adopted
a General Fund Reserve Policy (Attachment 5) that requires the City to hold available
General Fund Balance in reserves. These amounts are based on the adopted budget
expenditure allocations: 10% for the Economic Contingency Reserve, and 15% is for
the Emergency Reserve.
Fund Balance amounts originally proposed are subject to change, and the actual
ending Fund Balance will be presented to the Mayor and City Council once the Annual
Comprehensive Financial Report (ACFR) has been composed.
Capital Improvement Plan
The City will invest $13,236,500 in Fiscal Year 2024/25 and $17,481,000 in Fiscal Year
2025/26 into critical infrastructure needs. These are all new funds assigned to new CIP
projects or additional funds added to existing projects. A considerable amount of funds
will be carried over from Fiscal Year 2023/24 to the existing projects to which those
funds have previously been committed. Any reassigning and possible project surpluses
will be brought forward to the Mayor and City Council as a joint effort between the
Public Works and Finance departments.
ACFR 2022-23
Category
FUND BALANCE
06-30-2023
FUND BALANCE
06-30-2024
FUND BALANCE
06-30-2025
FUND BALANCE
06-30-2026
Nonspendable 41,421,536 40,000,000 40,000,000 40,000,000
Restricted 2,086,366 2,000,000 1,800,000 1,800,000
Committed
Animal Services 68,387 10,000,000
General Plan Update 142,877 2,400,000
Measure S - Capital Projects 81,762,949 73,512,719 64,561,199 54,637,148
15% Emergency Reserve 28,788,264 31,006,073 35,413,498 37,666,239
10% Economic Contingency Reserve 19,192,176 20,670,715 23,608,999 25,110,826
Unassigned -5,724,718 9,364,343 7,091,633
TOTAL FUND BALANCE 173,462,555 185,314,225 174,748,039 166,305,846
Positions Added April 17 (Proposed Use of Fund Balance)--(1,382,264)(1,560,865)
Additional Administrative Positions (Proposed Use of Fund Balance)--(261,513)(292,182)
Additional Prior Year (FY 2024/25) Use of Fund Balance ---(1,643,777)
REVISED FUND BALANCE 173,462,555 185,314,225 173,104,262 162,809,022
FY 2024/25 Proposed FY2025-26 Proposed
CIP Cat egori es General Fund Ot her Funds TOTAL General Fund Ot her Funds TOTAL
Buil ding 2,000,000$ 600,000$ 2,600,000$ -$ 100,000$ 100,000$
Environment al -$ 250,000$ 250,000$ -$ 250,000$ 250,000$
Ot hers -$ -$ -$ -$ -$ -$
Parks 1,325,000$ 2,200,000$ 3,525,000$ -$ 2,850,000$ 2,850,000$
Poli ce -$ 50,000$ 50,000$ -$ -$ -$
St orm Drai n -$ 750,000$ 750,000$ -$ 500,000$ 500,000$
St reet s -$ 4,500,000$ 4,500,000$ -$ 13,120,000$ 13,120,000$
Traf f i c 240,500$ 1,321,000$ 1,561,500$ 395,000$ 266,000$ 661,000$
Grand Tot al $ 3,565,500 $ 9,671,000 $ 13,236,500 $ 395,000 $ 17,086,000 $ 17,481,000
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FY 2024-25 Appropriations Limit Calculation
Article XIIIB of the California Constitution (enacted with the passage of Proposition 4
in 1979 and modified with the passage of Proposition 111 in 1990) restricts the
appropriations growth rate for cities and other local jurisdictions. The growth rate is tied
to changes in the population and the change in California Per Capita Personal Income.
In April 2024, the State Department of Finance notified each city of the population
changes and per capita personal income factor to be used in determining appropriation
limits. Effective January 1, 2023, the change in the California Per Capita Personal
Income is 3.62%, and the change in the County of San Bernardino’s Population is
0.39%. Using the population and per capita personal income data provided by the
California Department of Finance, the City’s Fiscal Year 2024-2025 appropriation limit
is $481,445,743. Appropriations subject to the limitation in the 2024-25 budget total
$193,780,697, of which $192,480,697 is from proceeds from taxes and $1,300,000
from State Subventions pursuant to Government Code Section 7903. The
appropriations subject to limitations combined amount to $287,665,046 which is less
than the computed allowable limit.
Personnel Compensation
In conjunction with the budget adoption, the annual adoption of a resolution approving
the salary ranges effective July 1, 2024, is attached for the Mayor and City Council’s
review and approval. The annual adoption of the salary ranges is a requirement of the
California Public Employees’ Retirement System (CalPERS) that is set forth in
Government Code Section 20636, defining “Compensation Earnable” and the
California Code of Regulations (CCR) Section 570.5. Attachment 7 provides the City
of San Bernardino’s city-wide FY 2024/25 Salary Schedule. This salary schedule
reflects all salary rates effective July 1, 2024, honors all negotiated cost-of-living
adjustments for all bargaining units, and is a Publicly Available Pay schedule.
2021-2025 Strategic Targets and Goals
The proposed budget review aligns with all key targets of the City Council’s Strategic
Plan. Funding projects and programs at every level of the organization ensures that
the City can achieve the goals and priorities established by the Mayor and City Council.
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Fiscal Impact
The adoption of the budget allocates the available resources to programs, services,
and departments for the upcoming fiscal years.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-139 of the Mayor and City Council of the City of San
Bernardino, California, approving the City of San Bernardino’s Fiscal Years
2024/25 and 2025/26 Operating Budget and Capital Improvement Plan;
2. Adopt annual budgets for Fiscal Years 2024/25 and Fiscal Year 2025/26 with
any City Council approved modifications made during the Public Hearing to be
incorporated into the City of San Bernardino’s Fiscal Years 2024/25 and
2025/26 Operating Budget and Capital Improvement Plan and included as part
of the final adopted budgets;
3. Establish the City’s Appropriations Limit as required by Article XII of the
California State Constitution;
4. Adopt Resolution No. 2024-140 of the Mayor and City Council of the City of San
Bernardino, California, approving an amendment to the city-wide salary
schedule for full-time, part-time, temporary, and seasonal positions;
Attachments
1. Attachment 1 – Resolution 2024-139
2. Attachment 2 – GANN Limit – 2025
3. Attachment 3 – Capital Improvement Plan 2025-2029
4. Attachment 4 – General Fund Policy Reserve
5. Attachment 5 – Resolution 2024-140
6. Attachment 6 – City of San Bernardino 2024-25 Salary Schedule
7. Attachment 7 – City of San Bernardino SBPD Salary Table
Fund FY 2024-25 FY 2025-26
Revenues
General Fund Revenues 236,603,800$ 253,166,066$
Other Fund Revenues 95,076,919$ 97,268,983$
Tot al Proposed Revenues 331,680,719$ 350,435,049$
Expendi t ures
General Fund Expendi tures 237,733,763$ 252,961,302$
Other Fund Expendi tures 74,988,484$ 77,164,377$
Tot al Proposed Expendi t ures 312,722,247$ 330,125,679$
Packet Page. 1245
2
1
4
5
Ward:
All Wards
Synopsis of Previous Council Actions:
May 15, 2024 Mayor and City Council held a Public Hearing for the presentation
of the City Manager’s Fiscal Years 2024/25 and 2025/26 Proposed
Operating Budget and Capital Improvement Plan.
April 17, 2024 Mayor and City Council received and filed the Fiscal Years 2024/25
and 2025/26 City Manager’s Proposed Operating Budget and
Capital Improvement Plan.
Packet Page. 1246
Resolution No. 2024-139
Resolution 2024-139
June 5, 2024
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RESOLUTION NO. 2024-139
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AND ADOPTING THE CITY OF SAN
BERNARDINO’S OPERATING BUDGET AND CAPITAL
IMPROVEMENT PLAN (CIP) FOR FISCAL YEARS 2024/25
AND 2025/26; ESTABLISHING THE CITY’S
APPROPRIATION LIMIT AS REQUIRED BY ARTICLE
XIII B OF THE CALIFORNIA STATE CONSTITUTION;
AND AUTHORIZE THE CARRYOVER OF
ENCUMBRANCES AND UNEXPENDE APPROPRIATIONS
FOR AUTHORIZED BUT UNCOMPLETED PROJECTS,
UPON APPROVAL BY THE CITY MANAGER.
WHEREAS, the proposed FY 2024/25 and FY 2025/26 Operating Budget and CIP for FY
2025-2029 provide for service levels necessary to respond to protect the health, safety, and welfare
of the community, which are deemed appropriate by the Mayor and City Council and provides a
workforce to accomplish said service priorities; and
WHEREAS, Article XIII B of the Constitution of the State of California as proposed by
the initiative Measure approved by the people at the special statewide election held on November
6, 1979, provides that the total annual appropriations subject to limitation of each local government
shall not exceed the appropriations limit of such entity for the prior year adjusted for changes in
the cost of living and population except as otherwise specifically provided for in said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing
body of each local jurisdiction shall, by resolution establish its appropriations limit for the
following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or noticed special
meeting
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 approve the Operating Budget for Fiscal Year
2024/25, Fiscal Year 2025/26, and the CIP 2025-2029. Total Estimated Revenue for Fiscal Year
2025 included in the Budget is $331,680,719; for Fiscal Year 2026, the total Revenue is
$350,435,049. Total appropriations in the Operating Budget for Fiscal Year 2025 are $312,722,247
and $330,125,679 in Fiscal Year 2026. The total appropriations in the CIP Budget for FY 2024/25
is $13,236,500, and FY 2025/26 is $17,481,000.
Packet Page. 1247
Resolution No. 2024-139
Resolution 2024-139
June 5, 2024
Page 2 of 3
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SECTION 3. The Appropriations Limit for the City of San Bernardino, as established in
accordance with Article XIII B of the Constitution of the State of California and detailed as Exhibit
“B,” is $481,445,743.
SECTION 4. At the close of the prior fiscal year, unexpended appropriations in the
operating budget will be encumbered as necessary to underwrite the expense of outstanding
purchase commitments. Unexpended appropriations for authorized but uncompleted projects, as
approved by the City Council, may be carried forward to the next succeeding budget upon approval
of the City Manager.
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 ___ 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. 1248
Resolution No. 2024-139
Resolution 2024-139
June 5, 2024
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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. 2024-139, 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. 1249
CITY OF SAN BERNARDINO ⚫ FY 2024/25 FY 2025/26 ADOPTED OPERATING & CAPITAL BUDGET
Appropriations Limits
FY 2023-24 Appropriations Limit 462,683,003
FY 2024-25 Adjustment Factors
Percentage Change in Per Capita Personal Income 3.62%
Percentage Change in Population 0.39%
Appropriations Change Factor (3.62% x 0.39%)1.04055204
FY 2024-2025 APPROPRIATION LIMIT 481,445,743
TOTAL FY 2024-2025 APPROPRIATIONS SUBJECT TO LIMITATIONS (192,480,697)
STATE SUBVENTIONS PURSUANT TO GOVERNMENT CODE SECTION 7903 (1,300,000)
(OVER)/UNDER APPROPRIATION LIMIT 287,665,046
CITY OF SAN BERNARDINO
FY 2025
APPROPRIATION LIMITATION COMPUTATION
Article XIIIB of the California Constitution (enacted with the passage of Proposition 4 in 1979 and modified with the passage
of Proposition 111 in 1990) restricts the appropriations growth rate for cities and other local jurisdictions. The growth rate is
tied to changes in the population and the change in California Per Capita Personal Income. In April 2024, the State
Department of Finance notified each city of the population changes and per capita personal income factor to be used in
determining appropriation limits. Effective January 1, 2023, the change in the California Per Capita Personal Income is 3.62%
and the change in the County of San Bernardino’s Population is 0.39%. Using the population and per capita personal income
data provided by the California Department of Finance, the City’s appropriation limit for Fiscal Year 2024-2025 is
$481,445,743. Appropriations subject to the limitation in the 2024-25 budget total $193,780,697, of which $192,480,697 is
from proceeds from taxes and $1,300,000 from State Subventions pursuant to Government Code Section 7903. The
appropriations subject to limitations combined amount to $287,665,046 which is less than the computed allowable limit.
Packet Page. 1250
Project Name Category Ward Status Balance FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Funding Source
California Theater Renovation Building 1 Design 4,500,000$ 1,000,000$ -$ -$ -$ -$ Measure S, Federal Grant Programs
Carousel Mall Demolition Building 1 Completed 199,950$ -$ -$ -$ -$ -$ Measure S
City Hall Rehabilitation Project Building 1 Planning 300,000$ -$ -$ -$ -$ -$ Measure S
Encanto Community Center Improvement Building 1 New CIP -$ -$ -$ 500,000$ 4,500,000$ -$ CDBG, Donation Fund, Cultural Development
Encanto Community Center Improvement Building 1 Design 3,282,801$ -$ -$ -$ -$ -$ Donation Fund, CDBG, CDBG-CV 3, Cultural Development
Feldheym Painting - Interior and Exterior Building 1 New CIP -$ -$ -$ -$ 200,000$ -$ Library Facilities
Hernandez Community Center Fencing Building 1 Planning 250,000$ -$ -$ -$ -$ -$ Measure S
One Stop Permitting Center Building 1 Planning 400,000$ -$ -$ -$ -$ -$ Public Use Facilities
Villasenor Security Cameras Building 1 New CIP -$ -$ 100,000$ 125,000$ -$ -$ Library Facilities
Police Range Building 2 New CIP -$ 600,000$ -$ -$ -$ -$ Law Enforcement Facilities
Animal Shelter Construction - Regional Partnership Building 3 Construction 4,000,000$ -$ -$ -$ -$ -$ General Fund
Nicholson Park Community Center Phase 2 Building 6 New CIP -$ 1,000,000$ -$ -$ -$ -$ ARPA
Feldheym Central Library Revitalization Building All Construction 6,409,370$ -$ -$ -$ -$ -$ State Grant
Navigation Center Building All Construction 12,116,400$ -$ -$ -$ -$ -$ ARPA
31,458,521$ 2,600,000$ 100,000$ 625,000$ 4,700,000$ -$
Montgomery Ward Service Center Soil Vapor Extraction Environmental 1 Planning 20,001$ 250,000$ 250,000$ -$ -$ -$ Successor Agency
Street Sweeping Signage Program Environmental All Planning 1,515,448$ -$ -$ -$ -$ -$ Measure S
1,535,449$ 250,000$ 250,000$ -$ -$ -$
Emergency BU Generator for CNG Others 3 Ongoing 208,072$ -$ -$ -$ -$ -$ Measure S
Water Infrastructure Improvement Others All Ongoing 5,160,000$ -$ -$ -$ -$ -$ ARPA
5,368,072$ -$ -$ -$ -$ -$
Bobby Vega Park Improvements Parks 1 Planning 250,000$ -$ -$ -$ -$ -$ AB 1600 Parkland And Op
Guadalupe - Concession Stand, Restroom, Press Box and Parking Lot Parks 1 New CIP -$ -$ -$ 500,000$ 1,000,000$ -$ AB 1600 Parkland And Op
Norton Gym Facility Upgrades Parks 1 Planning 30,000$ -$ -$ -$ -$ -$ Cultural Development
Pioneer Memorial Cemetery & Seccombe Lake Improvements Fencing Parks 1 Construction 212,860$ -$ -$ -$ -$ -$ Measure S
Ruben Campos Community Center Parking Lot Parks 1 Planning 625,000$ -$ -$ -$ -$ -$ Measure S
Sal Saavedra Park: Guadalupe Field Parks 1 Design 803,087$ 1,200,000$ -$ -$ -$ -$ County ARPA
Seccombe Lake Park Improvements Parks 1 Design 8,652,767$ -$ -$ -$ -$ -$ ARPA, Federal Grant Programs
Jerry Lewis Swim Center Improvements Parks 2 Planning 500,652$ -$ -$ 2,500,000$ 1,500,000$ -$ Measure S
Roosevelt Bowl Rehabilitation Parks 2 Planning 2,590,325$ -$ -$ -$ -$ -$ Measure S, ARPA, County ARPA
Speicher Park - East Side Skate Park Parks 2 Design 772,780$ 500,000$ -$ -$ -$ -$ Measure S, AB 1600 Parkland And Op
Speicher Park Baseball Field - Phase 2 and Phase 3 Parks 2 New CIP -$ -$ -$ -$ 1,000,000$ 7,000,000$ AB 1600 Parkland
Speicher Park Improvements (Ballfields, Parking Lot)Parks 2 Design 1,751,468$ 1,300,000$ -$ -$ -$ -$ ARPA, Federal Grant Programs
Speicher Park Multipurpose Field Lighting Installation Parks 2 Design 1,083,393$ -$ -$ -$ -$ -$ Measure S, AB 1600 Parkland And Op
Speicher Park Soccer and Multi-Field Parks 2 New CIP -$ -$ -$ -$ 500,000$ 1,000,000$ Cultural Development
Lytle Creek Park Improvements (Futsal Field)Parks 3 Planning 593,707$ -$ -$ -$ -$ -$ ARPA
Newmark Ball Fields Lighting System Installation (Stadium lighting)Parks 4 Design 545,210$ -$ -$ -$ -$ -$ AB 1600 Parkland And Op
Blair Park: Fitness Court, Dodgers Dream Field, 3 fields Parks 5 Planning -$ -$ -$ -$ -$ -$ Federal Grant Programs, Cultural Development
Verdemont Community Center Parks 5 New CIP -$ -$ -$ 500,000$ 1,500,000$ -$ Cultural Development Fund
Anne Shirrells Park (Gazebo)Parks 6 Planning -$ 25,000$ -$ -$ -$ -$ Measure S
Delmann Height Parks Field and Track Phases 1-3 Parks 6 New CIP -$ -$ 500,000$ 2,000,000$ 600,000$ 2,200,000$ AB 1600 Parkland And Op
Nicholson Park Improvements Parks 6 Construction 9,600,268$ -$ -$ -$ -$ -$ ARPA, CDBG, Liability Insurance Fund
Expansion of Walking Trail - Electric and 40th Parks 7 New CIP -$ -$ 350,000$ 1,650,000$ -$ -$ AB 1600 Parkland And Op
Wildwood Park & Encanto Park - Phase 1 Parks 1, 4 Planning 989,663$ -$ -$ -$ -$ -$ Measure S
Route 66 Parks Centennial Parks 1, 6 New CIP -$ 500,000$ 2,000,000$ -$ -$ -$ AB 1600 Parkland And Op, Cultural Development
Citywide Irrigation System #1 Parks All Planning 250,000$ -$ -$ -$ -$ -$ Measure S
Parks Master Plan Study Parks All Planning 102,600$ -$ -$ -$ -$ -$ Cultural Development, Measure S
Parks Restrooms Renovation Parks All Planning 996,925$ -$ -$ -$ -$ -$ Measure S
30,350,705$ 3,525,000$ 2,850,000$ 7,150,000$ 6,100,000$ 10,200,000$
Police Building Management System Police 1 Planning 365,000$ -$ -$ -$ -$ -$ Law Enforcement Facilities
Police Locker Room Renovation Police 1 Planning 499,968$ 50,000$ -$ -$ -$ -$ Law Enforcement Facilities
864,968$ 50,000$ -$ -$ -$ -$
Parks Total
City of San Bernardino Capital Improvement Plan (CIP) - All Projects
Investing in the Future of San Bernardino
Building Total
Environmental Total
Others Total
Police Total
Packet Page. 1251
Project Name Category Ward Status Balance FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Funding Source
City of San Bernardino Capital Improvement Plan (CIP) - All Projects
Investing in the Future of San Bernardino
Meyers Creek Focused Drainage Study Storm Drain 5 Planning -$ -$ -$ -$ -$ -$ Storm Drain Construction
Drainage Channel improvement at Cajon Blvd & Shenandoah Way Storm Drain 6 Planning -$ 250,000$ -$ -$ -$ -$ Storm Drain Construction
Mt. Vernon Storm Drain Storm Drain 6 Design 6,129,092$ -$ -$ -$ -$ -$ Storm Drain Construction
Sierra Way Storm Drain (modified design)Strom Drain 7 Planning 2,500,000$ -$ -$ -$ -$ -$ Strom Drain Construction
Sierra Way Storm Drain (Original design)Storm Drain 7 Design 3,784,787$ -$ -$ -$ -$ -$ Storm Drain Construction
Waterman/Baseline Culvert Storm Drain 1, 2 Planning 135,001$ -$ -$ -$ -$ -$ Storm Drain Construction
Storm Drain Catch Basin Screen Installation (TMDLS - Track 1)Storm Drain All Design 399,828$ -$ -$ -$ -$ -$ Storm Drain Construction
Storm Drain Upgrade Storm Drain All Planning 1,644,494$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ Storm Drain Construction
14,593,201$ 750,000$ 500,000$ 500,000$ 500,000$ 500,000$
4th St Alley Rehabilitation Streets 1 Planning 459,577$ -$ -$ -$ -$ -$ Federal Grant Programs
Cross Street Bridge Streets 2 Design 3,001,860$ -$ -$ -$ -$ -$ General Fund
Mt. Vernon Ave. Bridge Replacement Streets 3 Construction 12,780,213$ -$ -$ -$ -$ -$ Regional Circulation System
40th Street Widening from Electric Ave to Johnson St Streets 4 Design 3,746,096$ 2,000,000$ 2,080,000$ 1,120,000$ -$ -$ Regional Circulation System
H St. Widening from Kendall Dr. to 40th St.Streets 4 Design 1,893,398$ 2,000,000$ 1,040,000$ 1,080,000$ -$ -$ Measure I, Regional Circulation System
University Parkway Extension Phase 1- 16th St. to Baseline Rd. Streets 6 Construction 624,232$ -$ -$ -$ -$ -$ Regional Circulation System
Street Rehabilitation- 3 Locations Streets 1, 4, 3 Construction 1,237,803$ -$ -$ -$ -$ -$ CDBG
Pepper Ave. Rehabilitation Streets 3, 6 Construction 2,687,889$ -$ -$ -$ -$ -$ Measure I
9 Bus Stop Sidewalk Improvements Street All Construction 120,000$ -$ -$ -$ -$ -$ TDA Article 3
ADA Access Street Improvements in various locations Street All New CIP -$ -$ -$ 500,000$ 500,000$ 500,000$ General Fund, Measure S, RMRA, Gas Tax
ADA Transition Plan to meet Title II Regulations Street All Planning 500,000$ 500,000$ -$ -$ -$ -$ Gas Tax
City Wide Pavement Rehab Streets All Planning 5,320,805$ -$ -$ -$ -$ -$ RMRA, Gax Tax
Pavement Management Program (SS23-001)Streets All Planning 1,000,000$ -$ -$ -$ -$ -$ Measure I
Pavement Rejuvenation Various Streets All Construction 2,665,386$ -$ -$ -$ -$ -$ Measure S, Measure I
Street Improvement on 35 Street Segments Street All New CIP -$ -$ 10,000,000$ 10,000,000$ -$ -$ General Fund, Measure S, RMRA, Gas Tax
Street Rehabilitation- 21 Locations Streets All Construction 8,977,876$ -$ -$ -$ -$ -$ Measure S, RMRA, Gas Tax, Measure I
45,015,136$ 4,500,000$ 13,120,000$ 12,700,000$ 500,000$ 500,000$
Metrolink Accessibility Improvements Phase 2 (ATP Cycle 2 Safe Route to School) Traffic 1 Construction 440,821$ -$ -$ -$ -$ -$ Federal Grant Programs
SB County Joint Project- 5th Street and Pedley Rd.Traffic 1 Construction 355,500$ -$ -$ -$ -$ -$ RMRA, Gas Tax
Upgrade Downtown Guide Signs Traffic 1 New CIP -$ 55,000$ -$ -$ -$ -$ General Fund
Upgrade existing signalized intersection: 21st Street and Waterman Ave.Traffic 2 New CIP -$ -$ -$ -$ 601,000$ -$ General Fund, Measure S, Measure I, Local Regional Circulation, Gas Tax, RMRA
Waterman Ave. and 21st St. Traffic Traffic 2 Design 60,000$ -$ -$ -$ -$ -$ Local Regional Circulation
Median of Rialto at Metrolink RR Crossing Traffic 3 New CIP -$ 70,000$ 265,000$ -$ -$ -$ General Fund, Measure S, Local Regional Circulation
Mt. Vernon Ave. and Walnut Ave. Traffic Signal Upgrade Traffic 3 Design 17,426$ -$ -$ -$ -$ -$ Local Regional Circulation
Rancho Ave. and Rialto Ave. Traffic Signal Upgrade Traffic 3 Design 7,426$ -$ -$ -$ -$ -$ Local Regional Circulation
Upgrade existing signalized intersection: Walnut Ave. & Mt. Vernon Ave.Traffic 3 New CIP -$ -$ -$ -$ -$ 601,000$ General Fund, Measure S, Measure I, Local Regional Circulation, Gas Tax, RMRA
SB County Joint Project- 40th Street and other roads (Arrowhead Farm Area): Traffic 4 Construction 1,143,750$ -$ -$ -$ -$ -$ Measure I, RMRA, Gas Tax, Measure S
SB County Joint Project- 4th Avenue and Mountain Drive:Traffic 5 Design 756,250$ -$ -$ -$ -$ -$ RMRA, Gas Tax
SB County Joint Street Rehabilitation Projects: Blake St & Other Roads Traffic 6 Design 47,500$ -$ -$ -$ -$ -$ Measure I, Gas Tax, RMRA
28th Street Traffic Calming Measures Traffic 7 New CIP -$ 170,500$ 130,000$ -$ -$ -$ Measure S, RMRA, Gas Tax, Local Regional Circulation
Genevieve Circuit Lighting Traffic 7 Construction 1,351,552$ -$ -$ -$ -$ -$ Measure S
Ralston Circuit Lighting Traffic 7 Construction 1,553,207$ -$ -$ -$ -$ -$ Measure S
State Highway CA-210 at Waterman Avenue Traffic 7 Design 1,256,776$ -$ -$ -$ -$ -$ Measure I
SB County Joint Street Rehabilitation Projects: 3rd St & Other Roads Traffic 1, 2 Design 1,601,250$ -$ -$ -$ -$ -$ Measure I, Gas Tax, RMRA
Implement Advanced Dilemma Zone Detection at 49 Signalized Intersections Traffic 1, 2, 3, 6, 7 Construction 1,592,189$ -$ -$ -$ -$ -$ Federal Grant Programs
SB County Joint Street Rehabilitation Projects: Arden Ave & Other Roads Traffic 1, 2, 4, 7 Design 2,396,250$ -$ -$ -$ -$ -$ Measure I, Gas Tax, RMRA
SB County Joint Street Rehabilitation Projects: Citrus St & Other Roads Traffic 1, 2, 4, 7 Design 686,250$ -$ -$ -$ -$ -$ Measure I, Gas Tax, RMRA
Intersection Upgrade - Rialto Ave & Rancho Rd.Traffic 1, 3 New CIP -$ -$ -$ 600,000$ -$ -$ Measure S, Measure I, Local Regional Circulation
Mt. Vernon Ave and Rialto Ave Traffic Signal Upgrade Traffic 1, 3 Design 42,426$ -$ -$ -$ -$ -$ Local Regional Circulation
Upgrade existing signalized intersection: Rialto and Mt. Vernon Traffic 1, 3 New CIP -$ -$ -$ 601,000$ -$ -$ General Fund, Measure S, Measure I, Local Regional Circulation, Gas Tax, RMRA
SB County Joint Street Rehabilitation Projects: N. San Bernardino Area Curb Ramps Traffic 2 , 7 Design 37,500$ -$ -$ -$ -$ -$ Measure I, Gas Tax, RMRA
SB County Joint Street Rehabilitation Projects: Lynwood Dr & Other Roads Traffic 4 , 7 Design 1,863,750$ -$ -$ -$ -$ -$ Measure I, Gas Tax, RMRA
Construct Median on Kendall Curve (Kendall Dr. from E street to H street)Traffic 4, 5, 7 Design 912,606$ 1,000,000$ -$ -$ -$ -$ Measure S
State HWY I-215 and University Parkway Interchange Improvements Traffic 5 , 6 Design 2,286,923$ -$ -$ -$ -$ -$ Measure I
Traffic Management Center (TMC)Traffic All Annual 44,420$ 40,000$ 40,000$ 40,000$ 40,000$ 40,000$ Local Regional Circulation
Traffic Safety Controls - Hardware & Operational Improvements Traffic All New CIP -$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ Local Regional Circulation
Traffic Signal Battery Backup Systems Traffic All Annual 9,674$ 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ Local Regional Circulation
Uncontrolled Crosswalk Evaluation Traffic All New CIP -$ 76,000$ 76,000$ -$ -$ -$ Local Regional Circulation
Upgrade Various Signal Hardware on 224 Signalized Intersections on Various Arterials Traffic All Construction 418,784$ -$ -$ -$ -$ -$ Federal Grant Programs
18,882,232$ 1,561,500$ 661,000$ 1,391,000$ 791,000$ 791,000$
148,068,284$ 13,236,500$ 17,481,000$ 22,366,000$ 12,591,000$ 11,991,000$
Streets Total
Traffic Total
TOTAL CAPITAL IMPROVEMENT PLAN BUDGET
Storm Drain Total
Packet Page. 1252
“Attachment 1”
City of San Bernardino
General Fund Reserve Policy
Adopted November 21, 2018
I.PURPOSE
To 1) provide a framework for the allocation of available General Fund resources
to various categories of budget reserves and 2) provide guidelines under which
these reserves may be utilized for operating or capital purposes with approval by
the Mayor and City Council.
II.BACKGROUND
Maintenance of sufficient budget reserves is a central component of sound
financial management practices. Reserves are designed to set aside funding
today for future liabilities, capital projects and capital purchases; assist in
maintaining stable service levels in times of declining revenues and/or
unanticipated operating expenditures; and facilitate the continuation of services
in the event of natural disasters or fiscal emergencies.
The City of San Bernardino annually adopts an operating budget that allocates
resources to City departments for the provision of services to the public. To
determine the amount of funds available for appropriation, City management
develops a revenue projection and notes the available reserve balance from the
prior fiscal year. Proposed expenditures are then matched against these
available resources. If proposed expenditures exceed projected revenue,
utilization of available reserves may be used to meet the proposed level of
spending thus decreasing the available reserve. When projected revenue
exceeds proposed expenditures, the surplus increases the opening balance of
available reserves if the budget is not amended to use these surplus funds. The
City also has known capital needs that include facilities, equipment, vehicle, and
infrastructure replacement. This policy’s goal is to ensure that sufficient
resources exist to address these anticipated needs, as well as unanticipated
needs that may arise on an infrequent basis.
Packet Page. 1253
III. POLICY
1. General Fund Operating Reserve: It shall be the policy of the City of San
Bernardino to maintain a General Fund operating reserve equal to 25% of
General Fund budget appropriations. This reserve is to be further broken
down as follows:
A. An Emergency Reserve of 15% - This reserve account is established for
the purpose of addressing any extremely unusual and infrequent
occurrences, such as a major natural disaster or a major unforeseen legal
settlement or judgment. Utilization of the Emergency Reserve may only
occur after the declaration of an emergency by a majority of the City
Council. Following the resolution of the emergency, staff must present a
plan to the Mayor and City Council to return the Emergency Reserve to
the 15% minimum level as quickly as is practicable given the unique
circumstances and requirements of each emergency.
B. An Economic Contingency Reserve of 10% - This reserve account is
established for the purpose of providing a mechanism to allow for a
measured and thoughtful reduction in expenditures during times of
economic downturn. Utilization of the Economic Contingency Reserve
requires approval by a majority of the City Council. When it is determined
that the economic downturn has ended and the City’s financial condition is
improving, staff is required to present a plan to the Mayor and City Council
to return the economic contingency reserve to the 10% minimum level
over a period of no more than five years.
If the General Fund operating reserve exceeds 30% of General Fund budget
appropriations, staff is required to present a plan to the Mayor and City
Council to utilize excess funds consistent with its adopted Goals and
Objectives to a point that the balance is again consistent with the policy.
Uses could include accelerating funding into the special reserves noted below
in this policy; capital projects, vehicle, or equipment purchases not originally
planned for the current fiscal year; early repayment of outstanding debt
obligations; or other expenditures of a one-time nature.
If an action of the City Council for a reason other than those described above
reduces the General Fund operating reserve balance below the 25% level
required by this policy, staff must include an allocation to reserves in the
Packet Page. 1254
following budget cycle sufficient to restore the reserve balance to the 25%
minimum balance required by this policy.
2. General Fund Special Reserves: It shall be the policy of the City of San
Bernardino to establish General Fund special reserves to provide funding for
future anticipated liabilities and capital needs. These reserves shall be
segregated into the following four accounts:
A. Risk Management Reserve – This reserve account is established to fund
anticipated liabilities associated with general liability and workers’
compensation claims against the City. Its balance will be initially
determined, and thereafter adjusted, based on the balance of available
reserve funds after meeting the General Fund Operating Reserve
requirement and then giving consideration to both the outstanding balance
of claims as well as to the anticipated timing of claim payments.
B. City Facilities Reserve – This reserve account is established to fund the
cost of replacing city buildings and park facilities. Its balance will be
initially determined, and thereafter adjusted, based on the balance of
available reserve funds after meeting the General Fund Operating
Reserve requirement and then giving consideration to the facilities needs
analysis maintained by the Public Works department.
C. Vehicles and Equipment Reserve – This reserve account is established to
fund the cost of replacing General Fund-funded city vehicles and major
equipment (including technology equipment). Its balance will be initially
determined, and thereafter adjusted, based on the balance of available
reserve funds after meeting the General Fund Operating Reserve
requirement and then giving consideration to the vehicle and equipment
assessment needs analyses maintained by the Fleet division and the
Information Technology department.
D. Infrastructure Reserve – This reserve account is established to provide
additional funding for the cost of replacing city infrastructure such as
roads, sidewalks, and storm drains. These funds are to supplement
dedicated non-General Fund revenue streams and competitive grants that
also fund these types of projects. These funds may also provide for the
match requirement on a grant when other resources are not available. No
specific balance target is spelled out by this policy, but the reserve is
Packet Page. 1255
established for the receipt of funds for this purposes when directed by the
Mayor and City Council.
The goal for General Fund special reserves is to fund at a level sufficient to
address anticipated requirements over a projected period of 30 years, subject to
availability of funds and prioritization of funding between the four categories of
special reserves by the Mayor and City Council. As a part of each annual budget
presented to the Mayor and City Council, staff will update the balances for the
four categories of special reserves and any anticipated utilization or additions to
the General Fund special reserves.
IV. PROCEDURES
At the conclusion of each fiscal year and at each fiscal year’s mid-year budget
update, the General Fund reserve levels shall be reviewed by staff and detailed
to the Mayor and City Council. The City Manager shall make recommendations
for additions to or disbursements from the reserve funds consistent with this
policy.
Packet Page. 1256
Resolution No. 2024-140
Resolution 2024-140
June 5, 2024
Page 1 of 3
4
8
1
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RESOLUTION NO. 2024-140
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AN AMENDMENT TO THE CITY-WIDE
SALARY SCHEDULE FOR FULL-TIME, PART-TIME,
TEMPORARY, AND SEASONAL POSITIONS
WHEREAS, the City of San Bernardino met and conferred in good faith with employee
groups: General Unit, Middle Management, Management/Confidential, Police Safety and Police
Management employees for cost of living adjustments effective the first pay period following July
1, 2024;
WHEREAS, the salary schedule includes all adopted and approved classifications and
salaries;
WHEREAS, sworn employee compensation will continue to be consistent with the City
of San Bernardino Police Department monthly pay rate table including the timing of the pay rates
as noted in the document and incorporated into the comprehensive City-wide salary schedule; 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:
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-wide salary schedule for all City of San Bernardino’s
classifications attached hereto and incorporated herein as Exhibit “A”, is hereby approved.
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.
Packet Page. 1257
Resolution No. 2024-140
Resolution 2024-140
June 5, 2024
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SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1258
Resolution No. 2024-140
Resolution 2024-140
June 5, 2024
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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. 2024-140, 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. 1259
CLASS
CODE CLASSIFICATION TITLE UNIT SALARY
RANGE DEPT BOTTOM
STEP Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 Step 17 Step 18 Step 19 Step 20 TOP STEP
30011 ACCOUNTANT I (FLEX)GENERAL 465 F&MS $5,152.04 $5,204.55 $5,255.92 $5,307.29 $5,358.66 $5,410.04 $5,464.83 $5,518.49 $5,572.14 $5,626.94 $5,680.60 $5,737.68 $5,777.88 $5,850.69 $5,907.77 $5,964.85 $6,024.22 $6,083.58 $6,144.08 $6,203.45 $6,262.81
30012 ACCOUNTANT II GENERAL 485 F&MS $5,693.15 $5,750.23 $5,807.31 $5,863.25 $5,920.33 $5,977.41 $6,037.92 $6,097.28 $6,156.64 $6,217.15 $6,276.51 $6,339.30 $6,383.44 $6,464.87 $6,527.66 $6,590.45 $6,656.66 $6,721.73 $6,787.95 $6,854.16 $6,920.37
10012 ACCOUNTANT II - PAYROLL CONFIDENTIAL 485 F&MS $5,547.80 $5,603.43 $5,659.05 $5,713.56 $5,769.18 $5,824.81 $5,883.77 $5,941.61 $5,999.46 $6,058.42 $6,116.27 $6,177.45 $6,238.64 $6,299.82 $6,361.01 $6,422.19 $6,486.71 $6,550.12 $6,614.65 $6,679.17 $6,743.69
20013 ACCOUNTANT III MIDDLE MANAGEMENT 520 F&MS $6,773.01 $6,840.30 $6,908.74 $6,976.04 $7,044.48 $7,111.77 $7,182.49 $7,254.35 $7,325.07 $7,395.79 $7,467.65 $7,541.79 $7,617.07 $7,691.21 $7,766.49 $7,840.63 $7,919.33 $7,996.89 $8,075.60 $8,154.30 $8,233.00
10860 ACCOUNTING DIVISION MANAGER (U)MANAGEMENT 608 F&MS $10,245.69 $10,348.04 $10,450.39 $10,552.73 $10,655.08 $10,757.42 $10,865.33 $10,973.24 $11,081.15 $11,187.94 $11,295.85 $11,409.32 $11,521.68 $11,635.15 $11,747.51 $11,550.18 $11,978.90 $12,097.93 $12,216.96 $12,334.88 $12,453.91
30017 ACCOUNTING TECHNICIAN I (FLEX)GENERAL 399 VARIOUS $3,707.91 $3,744.44 $3,780.98 $3,818.65 $3,855.18 $3,892.85 $3,931.67 $3,970.48 $4,009.30 $4,048.11 $4,086.92 $4,128.02 $4,156.98 $4,210.22 $4,251.31 $4,291.27 $4,334.65 $4,378.03 $4,420.27 $4,463.65 $4,505.89
33017 ACCOUNTING TECHNICIAN I (FLEX) - POLICE POLICE GENERAL 399 PD $3,707.91 $3,894.40 $3,780.98 $3,818.65 $3,855.18 $3,892.85 $3,931.67 $3,970.48 $4,009.30 $4,048.11 $4,086.92 $4,128.02 $4,169.12 $4,210.22 $4,251.31 $4,291.27 $4,334.65 $4,378.03 $4,420.27 $4,463.65 $4,505.89
33018 ACCOUNTING TECHNICIAN II GENERAL 419 VARIOUS $4,096.06 $4,137.15 $4,178.25 $4,219.35 $4,260.45 $4,301.54 $4,343.78 $4,387.16 $4,430.55 $4,472.78 $4,516.17 $4,561.83 $4,592.93 $4,652.02 $4,696.54 $4,742.20 $4,789.01 $4,836.95 $4,883.76 $4,931.71 $4,978.51
33018 ACCOUNTING TECHNICIAN II - POLICE POLICE GENERAL 419 VARIOUS $4,096.06 $4,303.60 $4,178.25 $4,219.35 $4,260.45 $4,301.54 $4,343.78 $4,387.16 $4,430.55 $4,472.78 $4,516.17 $4,561.83 $4,606.35 $4,652.02 $4,696.54 $4,742.20 $4,789.01 $4,836.95 $4,883.76 $4,931.71 $4,978.51
33758 ACCOUNTING TECHNICIAN III GENERAL 437 F&MS $4,480.78 $4,525.30 $4,570.96 $4,615.48 $4,660.01 $4,704.53 $4,752.48 $4,799.28 $4,846.09 $4,892.89 $4,940.84 $4,989.93 $5,024.34 $5,088.11 $5,138.34 $5,187.43 $5,238.80 $5,291.31 $5,342.68 $5,395.20 $5,446.57
10508 ADMINISTRATIVE ANALYST I FLEX (U)CONFIDENTIAL 496 VARIOUS $5,860.40 $5,919.36 $5,977.21 $6,036.17 $6,095.13 $6,154.09 $6,215.28 $6,276.46 $6,337.65 $6,399.94 $6,461.13 $6,525.65 $6,590.17 $6,654.70 $6,719.22 $6,784.85 $6,852.71 $6,919.46 $6,987.32 $7,055.18 $7,123.04
10510 ADMINISTRATIVE ANALYST II (U)CONFIDENTIAL 526 VARIOUS $6,805.99 $6,874.96 $6,942.82 $7,010.68 $7,078.54 $7,146.40 $7,218.71 $7,289.91 $7,361.10 $7,432.30 $7,504.61 $7,579.14 $7,653.68 $7,729.33 $7,803.86 $7,879.51 $7,958.49 $8,036.36 $8,115.35 $8,194.33 $8,273.31
33603 ADMINISTRATIVE ASSISTANT GENERAL 400 VARIOUS $3,726.18 $3,762.71 $3,800.38 $3,838.06 $3,874.59 $3,912.26 $3,951.07 $3,991.03 $4,029.84 $4,068.66 $4,107.47 $4,148.57 $4,177.46 $4,230.77 $4,271.86 $4,312.96 $4,356.34 $4,399.72 $4,443.10 $4,485.34 $4,528.72
33709 ADMINISTRATIVE ASSISTANT - POLICE POLICE GENERAL 400 VARIOUS $3,726.18 $3,914.39 $3,800.38 $3,838.06 $3,874.59 $3,912.26 $3,951.07 $3,991.03 $4,029.84 $4,068.66 $4,107.47 $4,148.57 $4,189.67 $4,230.77 $4,271.86 $4,312.96 $4,356.34 $4,399.72 $4,443.10 $4,485.34 $4,528.72
33165 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)CONFIDENTIAL 464 CITY COUNCIL $4,996.03 $5,046.09 $5,096.15 $5,146.21 $5,196.27 $5,246.33 $5,298.61 $5,350.90 $5,403.19 $5,455.47 $5,507.76 $5,563.38 $5,617.89 $5,673.51 $5,728.02 $5,783.64 $5,841.49 $5,899.34 $5,957.19 $6,015.03 $6,072.88
33707 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER (U)CONFIDENTIAL 410 CM $3,816.83 $3,854.65 $3,892.47 $3,931.41 $3,969.23 $4,007.06 $4,047.10 $4,087.15 $4,127.20 $4,167.25 $4,207.30 $4,249.57 $4,291.84 $4,334.12 $4,376.39 $4,417.55 $4,462.05 $4,506.55 $4,551.05 $4,594.43 $4,638.93
33166 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)CONFIDENTIAL 410 MAYOR $3,816.83 $3,854.65 $3,892.47 $3,931.41 $3,969.23 $4,007.06 $4,047.10 $4,087.15 $4,127.20 $4,167.25 $4,207.30 $4,249.57 $4,291.84 $4,334.12 $4,376.39 $4,417.55 $4,462.05 $4,506.55 $4,551.05 $4,594.43 $4,638.93
10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)CONFIDENTIAL 430 MAYOR $4,217.31 $4,258.47 $4,300.74 $4,343.02 $4,385.29 $4,427.56 $4,472.06 $4,516.56 $4,559.95 $4,604.44 $4,648.94 $4,695.67 $4,742.39 $4,788.00 $4,834.72 $4,881.44 $4,930.39 $4,979.34 $5,028.29 $5,077.24 $5,125.07
10534 ADMINISTRATIVE CLAIMS SPECIALIST CONFIDENTIAL 420 HR&RM $4,011.51 $4,051.55 $4,091.60 $4,131.65 $4,171.70 $4,211.75 $4,254.02 $4,296.29 $4,338.57 $4,380.84 $4,423.11 $4,467.61 $4,511.00 $4,555.50 $4,599.99 $4,644.49 $4,690.10 $4,736.83 $4,783.55 $4,830.27 $4,875.88
20457 ADMINISTRATIVE SERVICES SUPERVISOR MIDDLE MANAGEMENT 484 VARIOUS $5,659.76 $5,716.79 $5,772.68 $5,829.71 $5,886.75 $5,942.64 $6,001.95 $6,061.26 $6,120.57 $6,181.03 $6,240.34 $6,301.93 $6,364.67 $6,427.40 $6,490.13 $6,551.73 $6,617.88 $6,682.90 $6,749.06 $6,814.07 $6,879.09
10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)MANAGEMENT 535 CM $7,118.59 $7,189.79 $7,260.98 $7,332.18 $7,403.38 $7,474.57 $7,549.11 $7,624.75 $7,699.29 $7,773.82 $7,848.36 $7,927.34 $8,005.21 $8,084.20 $8,162.07 $8,025.42 $8,323.38 $8,405.70 $8,488.02 $8,570.34 $8,652.66
30140 ANIMAL CONTROL OFFICER I (FLEX)GENERAL 411 AS $3,936.23 $3,975.05 $4,015.00 $4,053.82 $4,093.77 $4,132.59 $4,173.69 $4,215.92 $4,257.02 $4,298.12 $4,339.22 $4,382.60 $4,413.09 $4,469.36 $4,512.74 $4,556.12 $4,601.78 $4,647.45 $4,693.11 $4,738.78 $4,784.44
30141 ANIMAL CONTROL OFFICER II GENERAL 424 AS $4,199.94 $4,242.18 $4,283.28 $4,325.52 $4,367.76 $4,410.00 $4,453.38 $4,497.90 $4,542.42 $4,585.80 $4,630.32 $4,675.99 $4,709.04 $4,769.60 $4,815.26 $4,862.07 $4,910.02 $4,959.11 $5,007.05 $5,056.14 $5,105.23
30092 ANIMAL LICENSE INSPECTOR GENERAL 370 AS $3,207.89 $3,239.86 $3,271.82 $3,304.93 $3,336.89 $3,368.86 $3,401.96 $3,436.21 $3,469.32 $3,503.57 $3,536.67 $3,572.06 $3,596.95 $3,642.84 $3,678.23 $3,713.62 $3,751.29 $3,787.82 $3,825.50 $3,862.03 $3,899.70
20320 ANIMAL SERVICES MANAGER MIDDLE MANAGEMENT 526 AS $6,978.32 $7,049.04 $7,118.62 $7,188.19 $7,257.77 $7,327.35 $7,401.49 $7,474.49 $7,547.49 $7,620.49 $7,694.63 $7,771.05 $7,847.47 $7,925.04 $8,001.46 $8,079.02 $8,160.00 $8,239.85 $8,320.83 $8,401.82 $8,482.80
30130 ANIMAL SERVICES REPRESENTATIVE GENERAL 370 AS $3,207.89 $3,239.86 $3,271.82 $3,304.93 $3,336.89 $3,368.86 $3,401.96 $3,436.21 $3,469.32 $3,503.57 $3,536.67 $3,572.06 $3,596.95 $3,642.84 $3,678.23 $3,713.62 $3,751.29 $3,787.82 $3,825.50 $3,862.03 $3,899.70
20319 ANIMAL SERVICES SUPERVISOR MIDDLE MANAGEMENT 478 AS $5,493.23 $5,547.98 $5,602.73 $5,657.48 $5,712.23 $5,768.12 $5,825.15 $5,883.32 $5,940.35 $5,998.53 $6,055.56 $6,116.01 $6,177.60 $6,238.06 $6,298.51 $6,358.96 $6,422.84 $6,485.57 $6,549.45 $6,613.32 $6,677.20
30119 ANIMAL SHELTER ATTENDANT GENERAL 370 AS $3,207.89 $3,239.86 $3,271.82 $3,304.93 $3,336.89 $3,368.86 $3,401.96 $3,436.21 $3,469.32 $3,503.57 $3,536.67 $3,572.06 $3,596.95 $3,642.84 $3,678.23 $3,713.62 $3,751.29 $3,787.82 $3,825.50 $3,862.03 $3,899.70
00300 APPRENTICE (PT)NA 381 VARIOUS $2,969.00 $2,998.00 $3,028.00 $3,058.00 $3,087.00 $3,117.00 $3,148.00 $3,179.00 $3,211.00 $3,242.00 $3,273.00 $3,306.00 $3,338.00 $3,371.00 $3,404.00 $3,437.00 $3,471.00 $3,505.00 $3,540.00 $3,574.00 $3,608.00
20620 AQUATICS SUPERVISOR MIDDLE MANAGEMENT 468 PR&CS $5,225.19 $5,277.65 $5,330.12 $5,382.59 $5,435.06 $5,487.53 $5,542.28 $5,597.03 $5,651.78 $5,706.53 $5,761.28 $5,819.45 $5,876.48 $5,934.65 $5,991.68 $6,049.85 $6,110.31 $6,170.76 $6,231.21 $6,291.67 $6,352.12
30400 ARBORIST GENERAL 452 PWO&M $4,828.96 $4,876.91 $4,926.00 $4,973.95 $5,021.89 $5,070.98 $5,121.21 $5,171.44 $5,222.81 $5,273.05 $5,324.42 $5,376.93 $5,414.77 $5,484.24 $5,536.75 $5,590.41 $5,646.35 $5,702.29 $5,758.22 $5,814.16 $5,870.10
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST GENERAL 500 PWO&M $6,134.95 $6,196.60 $6,258.24 $6,318.75 $6,380.40 $6,442.04 $6,505.97 $6,571.04 $6,634.97 $6,700.04 $6,763.97 $6,831.33 $6,879.73 $6,967.18 $7,034.53 $7,101.89 $7,173.81 $7,244.59 $7,315.37 $7,386.14 $7,456.92
10492 ASSISTANT BUILDING OFFICIAL MANAGEMENT 583 CD&H $9,044.25 $9,135.47 $9,225.57 $9,315.68 $9,405.79 $9,497.01 $9,591.57 $9,687.24 $9,781.80 $9,876.36 $9,972.03 $10,071.04 $10,171.16 $10,271.28 $10,370.29 $10,196.17 $10,574.98 $10,679.55 $10,784.12 $10,888.69 $10,993.26
30271 ASSISTANT BUYER GENERAL 430 F&MS $4,327.80 $4,370.04 $4,413.42 $4,456.80 $4,500.18 $4,543.56 $4,589.23 $4,634.89 $4,679.41 $4,725.08 $4,770.74 $4,818.69 $4,852.46 $4,913.44 $4,961.39 $5,009.34 $5,059.57 $5,109.80 $5,160.03 $5,210.26 $5,259.35
50141 ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT P6 PD $24,632.73 $24,632.73
10644 ASSISTANT CITY MANAGER (U)EXECUTIVE 705 CM $16,621.16 $16,783.58 $16,948.23 $17,115.09 $17,281.96 $17,452.17 $17,622.37 $17,795.91 $17,969.46 $18,146.34 $18,323.22 $18,503.44 $18,684.77 $18,867.21 $19,052.99 $19,239.88 $19,427.88 $19,618.11 $19,810.57 $20,004.13 $20,201.04
30312 ASSISTANT LITERACY PROGRAM COORDINATOR GENERAL 365 LIBRARY $3,129.12 $3,159.95 $3,191.91 $3,222.73 $3,254.70 $3,285.52 $3,318.63 $3,351.73 $3,383.70 $3,416.81 $3,449.91 $3,484.16 $3,508.16 $3,553.80 $3,588.05 $3,622.29 $3,658.82 $3,695.36 $3,730.75 $3,767.28 $3,803.81
30168 ASSISTANT PLANNER (FLEX)GENERAL 502 CD&H $6,196.60 $6,258.24 $6,321.03 $6,382.68 $6,444.33 $6,507.11 $6,572.18 $6,637.26 $6,702.33 $6,767.40 $6,832.47 $6,899.82 $6,948.02 $7,036.82 $7,105.31 $7,173.81 $7,245.73 $7,316.51 $7,388.43 $7,460.35 $7,532.27
10216 ASSISTANT TO THE CITY MANAGER (U)MANAGEMENT 580 CM $8,910.75 $8,999.75 $9,088.74 $9,177.74 $9,266.74 $9,355.73 $9,449.18 $9,542.62 $9,636.07 $9,729.52 $9,824.07 $9,921.97 $10,019.87 $10,117.76 $10,216.77 $10,044.52 $10,418.12 $10,520.47 $10,623.93 $10,727.39 $10,830.84
10104 ASSISTANT TO THE MAYOR I (U)MANAGEMENT 430 MAYOR $4,217.31 $4,258.47 $4,300.74 $4,343.02 $4,385.29 $4,427.56 $4,472.06 $4,516.56 $4,559.95 $4,604.44 $4,648.94 $4,695.67 $4,742.39 $4,788.00 $4,834.72 $4,754.14 $4,930.39 $4,979.34 $5,028.29 $5,077.24 $5,125.07
10105 ASSISTANT TO THE MAYOR II (U)MANAGEMENT 480 MAYOR $5,410.97 $5,465.48 $5,518.88 $5,573.39 $5,627.90 $5,681.30 $5,738.03 $5,794.77 $5,851.50 $5,909.35 $5,966.09 $6,025.05 $6,085.12 $6,145.19 $6,204.15 $6,100.56 $6,326.52 $6,388.82 $6,452.23 $6,514.53 $6,576.82
10106 ASSISTANT TO THE MAYOR III (U)MANAGEMENT 530 MAYOR $6,943.93 $7,012.91 $7,082.99 $7,151.96 $7,220.93 $7,291.02 $7,363.33 $7,436.75 $7,509.06 $7,582.48 $7,654.79 $7,731.55 $7,808.31 $7,885.07 $7,961.83 $7,828.28 $8,118.68 $8,198.78 $8,278.88 $8,360.09 $8,440.18
10107 ASSISTANT TO THE MAYOR IV (U)MANAGEMENT 580 MAYOR $8,910.75 $8,999.75 $9,088.74 $9,177.74 $9,266.74 $9,355.73 $9,449.18 $9,542.62 $9,636.07 $9,729.52 $9,824.07 $9,921.97 $10,019.87 $10,117.76 $10,216.77 $10,044.52 $10,418.12 $10,520.47 $10,623.93 $10,727.39 $10,830.84
20169 ASSOCIATE PLANNER MIDDLE MANAGEMENT 530 CD&H $7,119.76 $7,190.48 $7,262.33 $7,333.05 $7,403.77 $7,475.63 $7,549.77 $7,625.05 $7,699.19 $7,774.47 $7,848.61 $7,927.32 $8,006.02 $8,084.72 $8,163.43 $8,242.13 $8,324.25 $8,406.38 $8,488.50 $8,571.77 $8,653.89
10042 AUDITOR I CONFIDENTIAL 515 CM $6,443.33 $6,507.85 $6,572.37 $6,636.90 $6,700.31 $6,764.83 $6,832.69 $6,900.55 $6,968.41 $7,036.27 $7,103.01 $7,174.21 $7,245.41 $7,316.61 $7,387.80 $7,459.00 $7,533.53 $7,608.07 $7,682.60 $7,757.14 $7,831.67
10043 AUDITOR II CONFIDENTIAL 537 CM $7,189.79 $7,262.09 $7,334.40 $7,405.60 $7,477.91 $7,550.22 $7,625.87 $7,700.40 $7,776.05 $7,851.70 $7,927.34 $8,006.33 $8,085.31 $8,165.41 $8,244.39 $8,323.38 $8,406.81 $8,490.24 $8,573.68 $8,657.11 $8,739.43
00194 BACKGROUND INVESTIGATOR (PT)NA 493 PD $5,190.00 $5,242.00 $5,294.00 $5,346.00 $5,397.00 $5,449.00 $5,504.00 $5,558.00 $5,613.00 $5,667.00 $5,722.00 $5,779.00 $5,836.00 $5,893.00 $5,951.00 $6,008.00 $6,068.00 $6,128.00 $6,188.00 $6,248.00 $6,308.00
10060 BUDGET DIVISION MANAGER (U)MANAGEMENT 608 F&MS $10,245.69 $10,348.04 $10,450.39 $10,552.73 $10,655.08 $10,757.42 $10,865.33 $10,973.24 $11,081.15 $11,187.94 $11,295.85 $11,409.32 $11,521.68 $11,635.15 $11,747.51 $11,550.18 $11,978.90 $12,097.93 $12,216.96 $12,334.88 $12,453.91
10062 BUDGET OFFICER MANAGEMENT 581 F&MS $8,955.25 $9,044.25 $9,134.35 $9,223.35 $9,313.46 $9,402.45 $9,497.01 $9,590.46 $9,685.02 $9,778.46 $9,873.02 $9,970.92 $10,069.93 $10,168.94 $10,267.94 $10,094.35 $10,470.41 $10,573.87 $10,677.33 $10,780.78 $10,884.24
20250 BUILDING INSPECTION SUPERVISOR MIDDLE MANAGEMENT 542 CD&H $7,558.90 $7,634.18 $7,709.46 $7,784.74 $7,861.16 $7,936.44 $8,016.29 $8,094.99 $8,174.83 $8,253.53 $8,333.38 $8,416.64 $8,499.91 $8,583.17 $8,666.44 $8,749.70 $8,837.53 $8,925.36 $9,012.05 $9,099.88 $9,187.70
30072 BUILDING INSPECTOR I (FLEX)GENERAL 460 CD&H $5,025.32 $5,075.55 $5,125.78 $5,176.01 $5,226.24 $5,276.47 $5,330.13 $5,382.64 $5,435.15 $5,487.67 $5,541.32 $5,596.12 $5,635.59 $5,706.85 $5,762.79 $5,817.59 $5,875.81 $5,934.03 $5,992.25 $6,050.47 $6,108.70
30073 BUILDING INSPECTOR II GENERAL 487 CD&H $5,750.23 $5,807.31 $5,865.53 $5,922.61 $5,979.69 $6,037.92 $6,098.42 $6,157.78 $6,218.29 $6,278.79 $6,339.30 $6,403.23 $6,447.18 $6,529.95 $6,592.73 $6,656.66 $6,722.88 $6,789.09 $6,856.44 $6,922.66 $6,988.87
30074 BUILDING INSPECTOR III GENERAL 511 CD&H $6,480.86 $6,545.93 $6,611.00 $6,676.07 $6,740.00 $6,805.07 $6,873.57 $6,940.92 $7,009.42 $7,077.91 $7,145.27 $7,217.19 $7,266.74 $7,359.89 $7,431.81 $7,502.59 $7,577.93 $7,653.28 $7,727.48 $7,802.83 $7,878.17
10500 BUILDING OFFICIAL (U)MANAGEMENT 613 CD&H $10,504.90 $10,609.47 $10,714.04 $10,819.72 $10,924.29 $11,029.97 $11,140.11 $11,250.24 $11,360.37 $11,470.51 $11,580.64 $11,696.33 $11,813.14 $11,928.84 $12,044.53 $11,841.56 $12,281.48 $12,403.85 $12,525.11 $12,646.37 $12,767.63
30502 BUSINESS REGISTRATION INSPECTOR GENERAL 459 F&MS $5,000.20 $5,050.43 $5,100.66 $5,150.89 $5,201.12 $5,250.21 $5,302.73 $5,355.24 $5,407.75 $5,460.27 $5,512.78 $5,568.72 $5,607.14 $5,678.31 $5,734.25 $5,789.05 $5,847.27 $5,904.35 $5,962.57 $6,020.79 $6,077.87
20263 BUSINESS REGISTRATION MANAGER MIDDLE MANAGEMENT 530 F&MS $7,119.76 $7,190.48 $7,262.33 $7,333.05 $7,403.77 $7,475.63 $7,549.77 $7,625.05 $7,699.19 $7,774.47 $7,848.61 $7,927.32 $8,006.02 $8,084.72 $8,163.43 $8,242.13 $8,324.25 $8,406.38 $8,488.50 $8,571.77 $8,653.89
30650 BUSINESS REGISTRATION REPRESENTATIVE I GENERAL 419 F&MS $4,096.06 $4,137.15 $4,178.25 $4,219.35 $4,260.45 $4,301.54 $4,343.78 $4,387.16 $4,430.55 $4,472.78 $4,516.17 $4,561.83 $4,592.93 $4,652.02 $4,696.54 $4,742.20 $4,789.01 $4,836.95 $4,883.76 $4,931.71 $4,978.51
30651 BUSINESS REGISTRATION REPRESENTATIVE II GENERAL 429 F&MS $4,306.11 $4,348.35 $4,391.73 $4,435.11 $4,478.49 $4,520.73 $4,566.40 $4,610.92 $4,656.58 $4,702.25 $4,746.77 $4,794.72 $4,827.42 $4,889.47 $4,937.41 $4,984.22 $5,034.45 $5,083.54 $5,133.77 $5,184.00 $5,233.09
20271 BUYER MIDDLE MANAGEMENT 460 F&MS $5,021.01 $5,071.20 $5,121.39 $5,171.58 $5,221.76 $5,271.95 $5,325.56 $5,378.03 $5,430.50 $5,482.97 $5,536.57 $5,591.32 $5,647.22 $5,701.96 $5,757.86 $5,812.61 $5,870.78 $5,928.95 $5,987.12 $6,045.29 $6,103.46
10870 CAPITAL IMPROVEMENT PROJECT MANAGER MANAGEMENT 591 PWO&M $9,412.47 $9,507.03 $9,600.47 $9,695.03 $9,789.59 $9,883.03 $9,982.04 $10,081.05 $10,180.06 $10,279.07 $10,378.08 $10,481.53 $10,584.99 $10,688.45 $10,793.02 $10,611.04 $11,005.50 $11,114.52 $11,223.54 $11,332.56 $11,441.58
30292 CEMETERY CARETAKER GENERAL 395 PWO&M $3,633.71 $3,670.24 $3,706.77 $3,743.30 $3,779.83 $3,816.36 $3,854.04 $3,891.71 $3,930.52 $3,968.20 $4,007.01 $4,046.97 $4,075.02 $4,126.88 $4,166.84 $4,206.79 $4,249.03 $4,291.27 $4,333.51 $4,375.75 $4,416.85
10398 CHIEF DEPUTY CITY CLERK (U)MANAGEMENT 565 CITY CLERK $8,267.75 $8,350.07 $8,433.51 $8,515.83 $8,598.15 $8,681.59 $8,768.36 $8,855.13 $8,941.90 $9,028.67 $9,115.44 $9,206.66 $9,297.88 $9,389.11 $9,480.33 $9,320.94 $9,667.22 $9,762.89 $9,858.56 $9,954.23 $10,049.90
50280 CHIEF OF POLICE EXECUTIVE NA PD $29,336.84 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $29,336.84
10399 CITY CLERK (U)NA 636 CITY CLERK $10,590.00 $10,696.00 $10,802.00 $10,908.00 $11,014.00 $11,120.00 $11,231.00 $11,342.00 $11,453.00 $11,565.00 $11,676.00 $11,793.00 $11,909.00 $12,026.00 $12,143.00 $12,260.00 $12,382.00 $12,505.00 $12,627.00 $12,750.00 $12,873.00
00601 CITY COUNCIL NA NA CITY COUNCIL $3,125.00 $3,125.00
10370 CITY MANAGER (U)MANAGEMENT NA CM $27,814.58 $0.00 $0.00 $0.00 $1.03 $0.00 $0.00 $0.00 $27,814.58
10801 CITY PLANNER (U)MANAGEMENT 629 CD&H $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10495 CIVIL ENGINEERING DIVISION MANAGER (U)MANAGEMENT 620 CD&H $10,877.57 $10,986.59 $11,095.61 $11,203.52 $11,312.54 $11,421.56 $11,536.14 $11,649.61 $11,764.19 $11,878.78 $11,992.25 $12,112.39 $12,232.54 $12,352.68 $12,471.71 $12,261.84 $12,717.57 $12,844.39 $12,970.09 $13,095.80 $13,221.51
10273 CODE ENFORCEMENT DIVISION MANAGER (U)MANAGEMENT 563 CD&H $8,185.43 $8,267.75 $8,350.07 $8,431.28 $8,513.60 $8,594.81 $8,681.59 $8,767.24 $8,852.90 $8,938.56 $9,025.33 $9,115.44 $9,205.55 $9,295.66 $9,385.77 $9,227.78 $9,570.44 $9,666.11 $9,760.66 $9,855.22 $9,949.78
30450 CODE ENFORCEMENT OFFICER I (FLEX)GENERAL 441 CD&H $4,570.96 $4,616.63 $4,662.29 $4,707.95 $4,753.62 $4,799.28 $4,848.37 $4,896.32 $4,944.26 $4,992.21 $5,040.16 $5,090.39 $5,125.65 $5,190.85 $5,241.08 $5,291.31 $5,344.97 $5,397.48 $5,451.13 $5,503.65 $5,556.16
30455 CODE ENFORCEMENT OFFICER II GENERAL 472 CD&H $5,335.83 $5,389.49 $5,442.00 $5,495.66 $5,549.31 $5,601.83 $5,658.91 $5,714.84 $5,770.78 $5,826.72 $5,882.66 $5,940.88 $5,982.77 $6,058.47 $6,117.83 $6,177.19 $6,238.84 $6,300.48 $6,362.13 $6,423.78 $6,485.42
10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR CONFIDENTIAL 482 CD&H $5,465.48 $5,519.99 $5,574.50 $5,629.01 $5,683.52 $5,738.03 $5,795.88 $5,853.73 $5,910.46 $5,968.31 $6,025.05 $6,086.23 $6,146.30 $6,206.38 $6,266.45 $6,326.52 $6,389.93 $6,453.34 $6,516.75 $6,580.16 $6,643.57
30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT GENERAL 420 CD&H $4,116.61 $4,157.70 $4,198.80 $4,239.90 $4,281.00 $4,322.09 $4,365.47 $4,408.85 $4,452.24 $4,495.62 $4,539.00 $4,584.66 $4,615.70 $4,674.85 $4,720.51 $4,766.18 $4,812.98 $4,860.93 $4,908.88 $4,956.82 $5,003.63
30890 COMMUNITY DEVELOPMENT TECHNICIAN GENERAL 446 CD&H $4,686.26 $4,733.07 $4,779.87 $4,827.82 $4,874.63 $4,921.43 $4,970.52 $5,019.61 $5,068.70 $5,117.79 $5,166.88 $5,218.25 $5,255.41 $5,322.13 $5,373.51 $5,424.88 $5,479.67 $5,534.47 $5,588.13 $5,642.92 $5,696.58
30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR GENERAL 438 CM $4,503.61 $4,548.13 $4,593.79 $4,638.32 $4,683.98 $4,728.50 $4,775.31 $4,823.26 $4,870.06 $4,918.01 $4,964.81 $5,015.04 $5,049.38 $5,114.36 $5,163.45 $5,213.68 $5,265.05 $5,317.57 $5,370.08 $5,421.45 $5,473.97
10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)MANAGEMENT 600 CM $9,845.21 $9,943.11 $10,042.12 $10,140.01 $10,239.02 $10,336.92 $10,440.37 $10,543.83 $10,647.29 $10,750.75 $10,854.21 $10,962.11 $11,071.13 $11,179.04 $11,288.06 $11,098.48 $11,510.55 $11,625.14 $11,738.61 $11,852.08 $11,966.66
30754 COMMUNITY POLICING SPECIALIST GENERAL 470 PD $5,282.18 $5,335.83 $5,388.35 $5,440.86 $5,494.52 $5,547.03 $5,601.83 $5,657.76 $5,713.70 $5,768.50 $5,824.44 $5,882.66 $5,923.58 $5,999.10 $6,057.32 $6,115.55 $6,176.05 $6,237.70 $6,299.34 $6,359.85 $6,421.49
20923 COMMUNITY RECREATION MANAGER MIDDLE MANAGEMENT 556 PR&CS $8,105.25 $8,186.24 $8,267.22 $8,348.21 $8,429.19 $8,510.17 $8,595.72 $8,680.13 $8,765.67 $8,851.22 $8,935.63 $9,025.73 $9,114.70 $9,203.67 $9,293.78 $9,382.75 $9,476.28 $9,570.95 $9,664.48 $9,758.01 $9,851.54
30821 COMMUNITY RECREATION PROGRAM COORDINATOR GENERAL 388 PR&CS $3,509.27 $3,544.66 $3,580.05 $3,614.30 $3,649.69 $3,685.08 $3,721.61 $3,758.14 $3,795.82 $3,832.35 $3,868.88 $3,907.69 $3,935.01 $3,985.32 $4,024.14 $4,062.95 $4,102.91 $4,144.00 $4,183.96 $4,225.06 $4,266.15
20925 COMMUNITY RECREATION PROGRAM SUPERVISOR MIDDLE MANAGEMENT 488 PR&CS $5,773.82 $5,832.00 $5,889.03 $5,947.20 $6,005.37 $6,062.40 $6,122.85 $6,183.31 $6,244.90 $6,305.35 $6,365.81 $6,429.68 $6,493.56 $6,556.29 $6,620.16 $6,684.04 $6,751.34 $6,817.49 $6,884.79 $6,950.95 $7,018.24
20504 COMMUNITY SERVICES CENTER SUPERVISOR MIDDLE MANAGEMENT 458 PR&CS $4,971.97 $5,021.01 $5,071.20 $5,120.25 $5,170.44 $5,220.62 $5,271.95 $5,324.42 $5,376.89 $5,429.36 $5,480.68 $5,535.43 $5,590.18 $5,646.07 $5,700.82 $5,755.57 $5,812.61 $5,870.78 $5,927.81 $5,984.84 $6,043.01
33758 COMMUNITY SERVICES OFFICER POLICE GENERAL 427 PD $4,262.73 $4,478.80 $4,348.35 $4,390.59 $4,433.97 $4,476.21 $4,520.73 $4,565.25 $4,610.92 $4,655.44 $4,699.96 $4,746.77 $4,793.57 $4,841.52 $4,888.33 $4,935.13 $4,984.22 $5,033.31 $5,083.54 $5,132.63 $5,181.72
20781 COMMUNITY SERVICES OFFICER SUPERVISOR MIDDLE MANAGEMENT 480 PD $5,547.98 $5,603.87 $5,658.62 $5,714.51 $5,770.40 $5,825.15 $5,883.32 $5,941.50 $5,999.67 $6,058.98 $6,117.15 $6,177.60 $6,239.20 $6,300.79 $6,361.24 $6,422.84 $6,486.71 $6,550.59 $6,615.60 $6,679.48 $6,743.35
30990 COMMUNITY SERVICES PROGRAM COORDINATOR GENERAL 438 VARIOUS $4,503.61 $4,548.13 $4,593.79 $4,638.32 $4,683.98 $4,728.50 $4,775.31 $4,823.26 $4,870.06 $4,918.01 $4,964.81 $5,015.04 $5,049.38 $5,114.36 $5,163.45 $5,213.68 $5,265.05 $5,317.57 $5,370.08 $5,421.45 $5,473.97
20424 CONSTRUCTION MANAGER MIDDLE MANAGEMENT 585 PWO&M $9,366.78 $9,460.31 $9,553.84 $9,647.37 $9,740.90 $9,834.44 $9,933.67 $10,031.76 $10,129.86 $10,227.95 $10,326.04 $10,429.84 $10,533.64 $10,636.29 $10,740.09 $10,842.74 $10,951.10 $11,059.46 $11,167.82 $11,276.18 $11,384.54
10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)CONFIDENTIAL 506 CITY COUNCIL $6,160.77 $6,221.95 $6,283.14 $6,345.43 $6,406.62 $6,467.80 $6,533.44 $6,597.96 $6,662.48 $6,727.00 $6,791.53 $6,859.39 $6,927.25 $6,995.11 $7,062.97 $7,130.83 $7,202.02 $7,274.33 $7,345.53 $7,416.73 $7,487.92
30604 CRIME ANALYSIS SUPPORT ASSISTANT GENERAL 400 PD $3,726.18 $3,762.71 $3,800.38 $3,838.06 $3,874.59 $3,912.26 $3,951.07 $3,991.03 $4,029.84 $4,068.66 $4,107.47 $4,148.57 $4,177.46 $4,230.77 $4,271.86 $4,312.96 $4,356.34 $4,399.72 $4,443.10 $4,485.34 $4,528.72
33603 CRIME ANALYST POLICE GENERAL 493 PD $5,924.90 $6,224.93 $6,043.62 $6,102.99 $6,161.21 $6,220.57 $6,283.36 $6,345.01 $6,407.79 $6,469.44 $6,532.23 $6,597.30 $6,662.37 $6,727.44 $6,793.65 $6,858.73 $6,927.22 $6,995.72 $7,064.21 $7,132.71 $7,201.21
00605 CRIME DATA TECHNICIAN (PT)NA 368 PD $2,782.00 $2,810.00 $2,838.00 $2,866.00 $2,894.00 $2,921.00 $2,951.00 $2,980.00 $3,009.00 $3,038.00 $3,068.00 $3,098.00 $3,129.00 $3,160.00 $3,190.00 $3,221.00 $3,253.00 $3,285.00 $3,318.00 $3,350.00 $3,382.00
20600 CRIME FREE PROGRAM COORDINATOR MIDDLE MANAGEMENT 490 CD&H $5,832.00 $5,890.17 $5,948.34 $6,006.51 $6,064.68 $6,122.85 $6,184.45 $6,246.04 $6,306.49 $6,368.09 $6,429.68 $6,493.56 $6,558.57 $6,622.45 $6,686.32 $6,751.34 $6,818.63 $6,885.93 $6,953.23 $7,020.52 $7,088.96
City of San Bernardino Salary Schedule
Effective Date: 7.8.24
Packet Page. 1260
33602 CRIMINAL INVESTIGATION OFFICER POLICE GENERAL 493 PD $5,924.90 $6,224.93 $6,043.62 $6,102.99 $6,161.21 $6,220.57 $6,283.36 $6,345.01 $6,407.79 $6,469.44 $6,532.23 $6,597.30 $6,662.37 $6,727.44 $6,793.65 $6,858.73 $6,927.22 $6,995.72 $7,064.21 $7,132.71 $7,201.21
00054 CUSTODIAL AIDE (PT)NA 368 PWO&M $2,782.00 $2,810.00 $2,838.00 $2,866.00 $2,894.00 $2,921.00 $2,951.00 $2,980.00 $3,009.00 $3,038.00 $3,068.00 $3,098.00 $3,129.00 $3,160.00 $3,190.00 $3,221.00 $3,253.00 $3,285.00 $3,318.00 $3,350.00 $3,382.00
20616 CUSTODIAL SUPERVISOR MIDDLE MANAGEMENT 477 PWO&M $5,465.86 $5,520.61 $5,575.36 $5,630.11 $5,683.72 $5,738.46 $5,796.64 $5,853.67 $5,910.70 $5,968.87 $6,025.90 $6,086.35 $6,146.81 $6,206.12 $6,266.57 $6,327.03 $6,390.90 $6,453.63 $6,517.51 $6,580.24 $6,642.98
30621 CUSTODIAN GENERAL 368 PWO&M $3,175.93 $3,207.89 $3,239.86 $3,271.82 $3,303.79 $3,334.61 $3,368.86 $3,401.96 $3,435.07 $3,468.18 $3,502.43 $3,536.67 $3,561.66 $3,607.45 $3,641.70 $3,677.09 $3,713.62 $3,750.15 $3,787.82 $3,824.36 $3,860.89
30222 CUSTOMER SERVICE REPRESENTATIVE GENERAL 386 VARIOUS $3,475.03 $3,509.27 $3,544.66 $3,578.91 $3,613.16 $3,648.55 $3,685.08 $3,721.61 $3,758.14 $3,794.67 $3,831.21 $3,868.88 $3,896.31 $3,945.37 $3,984.18 $4,021.85 $4,062.95 $4,102.91 $4,142.86 $4,182.82 $4,223.92
30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)GENERAL 396 VARIOUS $3,651.97 $3,688.51 $3,725.04 $3,761.57 $3,798.10 $3,834.63 $3,873.44 $3,911.12 $3,949.93 $3,988.75 $4,026.42 $4,066.38 $4,095.51 $4,147.43 $4,187.38 $4,228.48 $4,270.72 $4,312.96 $4,355.20 $4,397.44 $4,439.68
30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)GENERAL 396 VARIOUS $3,651.97 $3,688.51 $3,725.04 $3,761.57 $3,798.10 $3,834.63 $3,873.44 $3,911.12 $3,949.93 $3,988.75 $4,026.42 $4,066.38 $4,095.51 $4,147.43 $4,187.38 $4,228.48 $4,270.72 $4,312.96 $4,355.20 $4,397.44 $4,439.68
30224 CUSTOMER SERVICE REPRESENTATIVE (U)GENERAL 386 VARIOUS $3,475.03 $3,509.27 $3,544.66 $3,578.91 $3,613.16 $3,648.55 $3,685.08 $3,721.61 $3,758.14 $3,794.67 $3,831.21 $3,868.88 $3,896.31 $3,945.37 $3,984.18 $4,021.85 $4,062.95 $4,102.91 $4,142.86 $4,182.82 $4,223.92
30100 DATA ANALYST GENERAL 444 PWO&M $4,640.60 $4,686.26 $4,733.07 $4,779.87 $4,825.54 $4,872.34 $4,921.43 $4,969.38 $5,018.47 $5,067.56 $5,115.50 $5,166.88 $5,203.05 $5,269.62 $5,320.99 $5,371.22 $5,424.88 $5,478.53 $5,532.19 $5,586.98 $5,640.64
10650 DEPUTY CITY CLERK I (U)CONFIDENTIAL 490 CITY CLERK $5,687.97 $5,744.71 $5,801.44 $5,858.18 $5,914.91 $5,971.65 $6,031.72 $6,091.79 $6,150.75 $6,210.83 $6,270.90 $6,333.20 $6,396.61 $6,458.90 $6,521.20 $6,584.61 $6,650.25 $6,715.88 $6,781.52 $6,847.15 $6,913.90
10654 DEPUTY CITY CLERK II (U)MANAGEMENT 530 CITY CLERK $6,943.93 $7,012.91 $7,082.99 $7,151.96 $7,220.93 $7,291.02 $7,363.33 $7,436.75 $7,509.06 $7,582.48 $7,654.79 $7,731.55 $7,808.31 $7,885.07 $7,961.83 $7,828.28 $8,118.68 $8,198.78 $8,278.88 $8,360.09 $8,440.18
9372 DEPUTY CITY MANAGER (U)EXECUTIVE 700 CM $16,211.78 $16,373.09 $16,535.51 $16,697.92 $16,859.23 $17,021.65 $17,191.85 $17,362.06 $17,532.26 $17,702.47 $17,872.67 $18,051.78 $18,230.88 $18,408.88 $18,587.98 $18,767.09 $18,953.98 $19,141.98 $19,329.99 $19,516.88 $19,704.88
10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U)MANAGEMENT 619 AS $10,823.06 $10,932.08 $11,039.99 $11,147.89 $11,256.91 $11,364.82 $11,478.29 $11,591.76 $11,705.23 $11,818.70 $11,933.29 $12,052.32 $12,171.35 $12,290.38 $12,410.53 $12,201.18 $12,655.27 $12,779.86 $12,905.57 $13,030.17 $13,155.87
10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U)MANAGEMENT 629 ED $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)MANAGEMENT 629 F&MS $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)MANAGEMENT 629 CD&H $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)MANAGEMENT 629 HR&RM $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)MANAGEMENT 629 IT $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10830 DEPUTY DIRECTOR OF OPERATIONS (U)MANAGEMENT 629 PWO&M $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)MANAGEMENT 629 PR&CS $11,377.06 $11,490.53 $11,604.00 $11,718.58 $11,832.05 $11,945.52 $12,065.67 $12,184.70 $12,303.73 $12,423.88 $12,542.91 $12,668.62 $12,794.32 $12,918.92 $13,044.63 $12,825.11 $13,301.60 $13,433.99 $13,565.26 $13,696.52 $13,828.91
10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)MANAGEMENT 678 PWO&M $14,526.41 $14,672.15 $14,816.77 $14,962.50 $15,107.12 $15,252.85 $15,405.25 $15,557.66 $15,710.06 $15,862.47 $16,015.99 $16,176.18 $16,336.38 $16,495.46 $16,655.65 $16,374.78 $16,984.94 $17,152.92 $17,320.90 $17,488.88 $17,656.86
10802 DEPUTY DIRECTOR/CITY PLANNER (U)MANAGEMENT 662 CD&H $13,412.85 $13,546.34 $13,680.95 $13,814.44 $13,949.05 $14,082.55 $14,223.83 $14,365.11 $14,505.28 $14,646.56 $14,786.73 $14,934.69 $15,082.64 $15,230.60 $15,378.55 $15,119.34 $15,682.25 $15,836.88 $15,992.63 $16,147.26 $16,303.00
10400 DEPUTY LIBRARY DIRECTOR (U)MANAGEMENT 575 LIBRARY $8,690.48 $8,777.26 $8,865.14 $8,951.91 $9,038.68 $9,125.45 $9,216.68 $9,307.90 $9,399.12 $9,490.34 $9,581.56 $9,677.23 $9,772.90 $9,868.57 $9,965.36 $9,797.55 $10,161.15 $10,262.38 $10,362.50 $10,462.62 $10,563.86
40466 DETECTIVE/CORPORAL POLICE SAFETY P2 PD $8,983.07 MONTHLY $9,682.79 MONTHLY $10,382.52 MONTHLY $11,081.16 MONTHLY $11,780.88
10685 DIRECTOR OF ANIMAL SERVICES (U)EXECUTIVE 630 AS $11,433.79 $11,548.38 $11,662.96 $11,776.43 $11,891.01 $12,005.60 $12,125.74 $12,245.89 $12,366.03 $12,486.18 $12,606.32 $12,732.03 $12,857.73 $12,983.44 $13,110.26 $13,235.97 $13,368.35 $13,500.73 $13,633.11 $13,765.50 $13,897.88
9526 DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)EXECUTIVE 662 CD&H $13,412.85 $13,546.34 $13,680.95 $13,814.44 $13,949.05 $14,082.55 $14,223.83 $14,365.11 $14,505.28 $14,646.56 $14,786.73 $14,934.69 $15,082.64 $15,230.60 $15,378.55 $15,526.51 $15,682.25 $15,836.88 $15,992.63 $16,147.26 $16,303.00
09527 DIRECTOR OF ECONOMIC DEVELOPMENT (U)EXECUTIVE 662 ED $13,412.85 $13,546.34 $13,680.95 $13,814.44 $13,949.05 $14,082.55 $14,223.83 $14,365.11 $14,505.28 $14,646.56 $14,786.73 $14,934.69 $15,082.64 $15,230.60 $15,378.55 $15,526.51 $15,682.25 $15,836.88 $15,992.63 $16,147.26 $16,303.00
09710 DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)EXECUTIVE 692 F&MS $15,577.68 $15,733.43 $15,889.17 $16,044.91 $16,200.66 $16,356.40 $16,519.93 $16,683.46 $16,846.99 $17,010.52 $17,174.05 $17,345.37 $17,517.80 $17,689.12 $17,860.44 $18,032.87 $18,213.08 $18,393.30 $18,573.52 $18,753.74 $18,933.95
09665 DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)EXECUTIVE 660 HR&RM $13,279.35 $13,411.74 $13,545.23 $13,677.61 $13,809.99 $13,943.49 $14,082.55 $14,221.60 $14,361.77 $14,500.83 $14,639.88 $14,786.73 $14,933.57 $15,079.30 $15,226.15 $15,371.88 $15,526.51 $15,680.03 $15,833.55 $15,987.07 $16,140.58
10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)EXECUTIVE 660 IT $13,279.35 $13,411.74 $13,545.23 $13,677.61 $13,809.99 $13,943.49 $14,082.55 $14,221.60 $14,361.77 $14,500.83 $14,639.88 $14,786.73 $14,933.57 $15,079.30 $15,226.15 $15,371.88 $15,526.51 $15,680.03 $15,833.55 $15,987.07 $16,140.58
10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)EXECUTIVE 662 PR&CS $13,412.85 $13,546.34 $13,680.95 $13,814.44 $13,949.05 $14,082.55 $14,223.83 $14,365.11 $14,505.28 $14,646.56 $14,786.73 $14,934.69 $15,082.64 $15,230.60 $15,378.55 $15,526.51 $15,682.25 $15,836.88 $15,992.63 $16,147.26 $16,303.00
09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)EXECUTIVE 692 PWO&M $15,577.68 $15,733.43 $15,889.17 $16,044.91 $16,200.66 $16,356.40 $16,519.93 $16,683.46 $16,846.99 $17,010.52 $17,174.05 $17,345.37 $17,517.80 $17,689.12 $17,860.44 $18,032.87 $18,213.08 $18,393.30 $18,573.52 $18,753.74 $18,933.95
20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST MIDDLE MANAGEMENT 560 F&MS $8,268.36 $8,351.63 $8,433.75 $8,517.02 $8,599.14 $8,682.41 $8,769.10 $8,855.78 $8,942.47 $9,029.16 $9,115.84 $9,207.09 $9,298.34 $9,389.59 $9,480.84 $9,572.09 $9,667.90 $9,763.72 $9,859.53 $9,954.20 $10,050.01
10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)MANAGEMENT 590 HR&RM $9,365.74 $9,459.19 $9,553.75 $9,647.19 $9,740.64 $9,834.09 $9,931.98 $10,030.99 $10,128.89 $10,227.90 $10,325.79 $10,429.25 $10,532.71 $10,636.17 $10,738.51 $10,557.96 $10,950.99 $11,058.90 $11,167.92 $11,275.83 $11,384.85
10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)MANAGEMENT 600 ED $9,845.21 $9,943.11 $10,042.12 $10,140.01 $10,239.02 $10,336.92 $10,440.37 $10,543.83 $10,647.29 $10,750.75 $10,854.21 $10,962.11 $11,071.13 $11,179.04 $11,288.06 $11,098.48 $11,510.55 $11,625.14 $11,738.61 $11,852.08 $11,966.66
10119 ECONOMIC DEVELOPMENT MANAGER (U)MANAGEMENT 560 ED $8,064.17 $8,145.38 $8,225.48 $8,306.69 $8,386.79 $8,467.99 $8,552.54 $8,637.09 $8,721.63 $8,806.18 $8,890.73 $8,979.72 $9,068.72 $9,157.72 $9,246.71 $9,091.30 $9,429.15 $9,522.60 $9,616.05 $9,708.38 $9,801.83
10127 ECONOMIC DEVELOPMENT PROJECT MANAGER MANAGEMENT 560 ED $8,064.17 $8,145.38 $8,225.48 $8,306.69 $8,386.79 $8,467.99 $8,552.54 $8,637.09 $8,721.63 $8,806.18 $8,890.73 $8,979.72 $9,068.72 $9,157.72 $9,246.71 $9,091.30 $9,429.15 $9,522.60 $9,616.05 $9,708.38 $9,801.83
10120 ECONOMIC DEVELOPMENT SPECIALIST CONFIDENTIAL 500 ED $5,978.32 $6,038.40 $6,098.47 $6,157.43 $6,217.50 $6,277.57 $6,339.87 $6,403.28 $6,465.58 $6,528.99 $6,591.29 $6,656.92 $6,723.67 $6,789.30 $6,854.94 $6,920.57 $6,990.66 $7,059.63 $7,128.60 $7,197.57 $7,266.54
30831 ELECTRICIAN I (FLEX)GENERAL 445 PWO&M $4,663.43 $4,710.24 $4,757.04 $4,803.85 $4,849.51 $4,896.32 $4,945.41 $4,994.49 $5,043.58 $5,092.67 $5,141.76 $5,193.13 $5,229.23 $5,295.88 $5,347.25 $5,398.62 $5,452.28 $5,505.93 $5,560.73 $5,614.38 $5,668.04
30841 ELECTRICIAN II GENERAL 465 PWO&M $5,152.04 $5,204.55 $5,255.92 $5,307.29 $5,358.66 $5,410.04 $5,464.83 $5,518.49 $5,572.14 $5,626.94 $5,680.60 $5,737.68 $5,777.88 $5,850.69 $5,907.77 $5,964.85 $6,024.22 $6,083.58 $6,144.08 $6,203.45 $6,262.81
10367 EMERGENCY OPERATIONS MANAGER MANAGEMENT 565 PD $8,267.75 $8,350.07 $8,433.51 $8,515.83 $8,598.15 $8,681.59 $8,768.36 $8,855.13 $8,941.90 $9,028.67 $9,115.44 $9,206.66 $9,297.88 $9,389.11 $9,480.33 $9,320.94 $9,667.22 $9,762.89 $9,858.56 $9,954.23 $10,049.90
30432 ENGINEERING ASSISTANT I (FLEX)GENERAL 450 PWO&M $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
30434 ENGINEERING ASSISTANT II GENERAL 475 PWO&M $5,415.74 $5,470.54 $5,524.20 $5,578.99 $5,632.65 $5,686.30 $5,743.38 $5,800.46 $5,857.54 $5,914.62 $5,971.70 $6,031.07 $6,072.69 $6,149.79 $6,210.30 $6,269.66 $6,332.45 $6,395.24 $6,458.02 $6,520.81 $6,583.60
30436 ENGINEERING ASSISTANT III GENERAL 511 PWO&M $6,480.86 $6,545.93 $6,611.00 $6,676.07 $6,740.00 $6,805.07 $6,873.57 $6,940.92 $7,009.42 $7,077.91 $7,145.27 $7,217.19 $7,266.74 $7,359.89 $7,431.81 $7,502.59 $7,577.93 $7,653.28 $7,727.48 $7,802.83 $7,878.17
20441 ENGINEERING ASSOCIATE MIDDLE MANAGEMENT 532 PWO&M $7,190.48 $7,262.33 $7,334.19 $7,406.05 $7,477.91 $7,549.77 $7,626.19 $7,701.47 $7,776.75 $7,852.04 $7,927.32 $8,007.16 $8,085.86 $8,165.71 $8,244.41 $8,324.25 $8,407.52 $8,490.78 $8,574.05 $8,657.31 $8,740.58
10180 ENGINEERING PROJECT MANAGER MANAGEMENT 590 PWO&M $9,365.74 $9,459.19 $9,553.75 $9,647.19 $9,740.64 $9,834.09 $9,931.98 $10,030.99 $10,128.89 $10,227.90 $10,325.79 $10,429.25 $10,532.71 $10,636.17 $10,738.51 $10,557.96 $10,950.99 $11,058.90 $11,167.92 $11,275.83 $11,384.85
30445 ENGINEERING TECHNICIAN GENERAL 446 PWO&M $4,686.26 $4,733.07 $4,779.87 $4,827.82 $4,874.63 $4,921.43 $4,970.52 $5,019.61 $5,068.70 $5,117.79 $5,166.88 $5,218.25 $5,255.41 $5,322.13 $5,373.51 $5,424.88 $5,479.67 $5,534.47 $5,588.13 $5,642.92 $5,696.58
10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER MANAGEMENT 532 IT $7,012.91 $7,082.99 $7,153.07 $7,223.16 $7,293.24 $7,363.33 $7,437.86 $7,511.28 $7,584.71 $7,658.13 $7,731.55 $7,809.42 $7,886.18 $7,964.05 $8,040.81 $7,906.27 $8,199.89 $8,281.10 $8,362.31 $8,443.52 $8,524.73
30420 ENVIRONMENTAL PROGRAMS COORDINATOR GENERAL 464 PWO&M $5,126.92 $5,178.29 $5,229.66 $5,281.04 $5,332.41 $5,383.78 $5,437.44 $5,491.09 $5,544.75 $5,598.40 $5,652.06 $5,709.14 $5,748.28 $5,822.15 $5,878.09 $5,935.17 $5,994.54 $6,053.90 $6,113.26 $6,172.62 $6,231.99
20444 ENVIRONMENTAL PROJECT MANAGER MIDDLE MANAGEMENT 560 PWO&M $8,268.36 $8,351.63 $8,433.75 $8,517.02 $8,599.14 $8,682.41 $8,769.10 $8,855.78 $8,942.47 $9,029.16 $9,115.84 $9,207.09 $9,298.34 $9,389.59 $9,480.84 $9,572.09 $9,667.90 $9,763.72 $9,859.53 $9,954.20 $10,050.01
20024 EQUIPMENT MAINTENANCE MANAGER MIDDLE MANAGEMENT 551 PWO&M $7,905.64 $7,984.35 $8,064.19 $8,142.89 $8,221.60 $8,300.30 $8,383.57 $8,466.83 $8,550.10 $8,633.36 $8,715.49 $8,803.31 $8,890.00 $8,977.83 $9,064.52 $9,151.20 $9,243.59 $9,334.84 $9,426.09 $9,517.34 $9,609.73
20025 EQUIPMENT MAINTENANCE SUPERVISOR MIDDLE MANAGEMENT 523 PWO&M $6,875.66 $6,944.10 $7,012.54 $7,080.98 $7,150.55 $7,218.99 $7,290.85 $7,363.85 $7,435.71 $7,507.57 $7,579.43 $7,655.85 $7,731.13 $7,807.55 $7,882.83 $7,959.25 $8,037.96 $8,117.80 $8,197.64 $8,277.49 $8,357.33
30921 EQUIPMENT MECHANIC I (FLEX)GENERAL 431 PWO&M $4,348.35 $4,392.87 $4,436.25 $4,479.63 $4,523.01 $4,566.40 $4,612.06 $4,657.72 $4,703.39 $4,749.05 $4,794.72 $4,842.66 $4,876.36 $4,938.56 $4,986.50 $5,034.45 $5,084.68 $5,134.91 $5,185.14 $5,235.37 $5,285.60
30902 EQUIPMENT MECHANIC II GENERAL 450 PWO&M $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
30943 EQUIPMENT SERVICE WORKER GENERAL 408 PWO&M $3,878.01 $3,916.83 $3,955.64 $3,994.45 $4,032.13 $4,070.94 $4,112.04 $4,153.14 $4,193.09 $4,234.19 $4,275.29 $4,317.53 $4,348.21 $4,403.15 $4,446.53 $4,488.77 $4,533.29 $4,578.95 $4,623.48 $4,668.00 $4,713.66
30707 EXECUTIVE ASSISTANT GENERAL 430 VARIOUS $4,327.80 $4,370.04 $4,413.42 $4,456.80 $4,500.18 $4,543.56 $4,589.23 $4,634.89 $4,679.41 $4,725.08 $4,770.74 $4,818.69 $4,852.46 $4,913.44 $4,961.39 $5,009.34 $5,059.57 $5,109.80 $5,160.03 $5,210.26 $5,259.35
33707 EXECUTIVE ASSISTANT - POLICE POLICE GENERAL 430 PD $4,327.80 $4,545.82 $4,413.42 $4,456.80 $4,500.18 $4,543.56 $4,589.23 $4,634.89 $4,679.41 $4,725.08 $4,770.74 $4,818.69 $4,866.64 $4,913.44 $4,961.39 $5,009.34 $5,059.57 $5,109.80 $5,160.03 $5,210.26 $5,259.35
10707 EXECUTIVE ASSISTANT (U)CONFIDENTIAL 430 VARIOUS $4,217.31 $4,258.47 $4,300.74 $4,343.02 $4,385.29 $4,427.56 $4,472.06 $4,516.56 $4,559.95 $4,604.44 $4,648.94 $4,695.67 $4,742.39 $4,788.00 $4,834.72 $4,881.44 $4,930.39 $4,979.34 $5,028.29 $5,077.24 $5,125.07
10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)CONFIDENTIAL 464 VARIOUS $4,996.03 $5,046.09 $5,096.15 $5,146.21 $5,196.27 $5,246.33 $5,298.61 $5,350.90 $5,403.19 $5,455.47 $5,507.76 $5,563.38 $5,617.89 $5,673.51 $5,728.02 $5,783.64 $5,841.49 $5,899.34 $5,957.19 $6,015.03 $6,072.88
10978 EXECUTIVE ASSISTANT TO MAYOR (U)CONFIDENTIAL 502 MAYOR $6,038.40 $6,098.47 $6,159.65 $6,219.73 $6,279.80 $6,340.98 $6,404.39 $6,467.80 $6,531.21 $6,594.62 $6,658.03 $6,723.67 $6,790.41 $6,857.16 $6,923.91 $6,990.66 $7,060.74 $7,129.71 $7,199.80 $7,269.88 $7,339.97
10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)CONFIDENTIAL 502 CM $6,038.40 $6,098.47 $6,159.65 $6,219.73 $6,279.80 $6,340.98 $6,404.39 $6,467.80 $6,531.21 $6,594.62 $6,658.03 $6,723.67 $6,790.41 $6,857.16 $6,923.91 $6,990.66 $7,060.74 $7,129.71 $7,199.80 $7,269.88 $7,339.97
10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)MANAGEMENT 550 CITY COUNCIL $7,671.48 $7,748.24 $7,825.00 $7,901.76 $7,978.51 $8,055.27 $8,136.48 $8,216.58 $8,296.68 $8,377.89 $8,457.98 $8,542.53 $8,627.08 $8,711.62 $8,796.17 $8,648.27 $8,969.71 $9,058.71 $9,147.70 $9,236.70 $9,325.70
00083 EXTRA RELIEF HEAVY LABORER (PT)NA 368 PWO&M $2,782.00 $2,810.00 $2,838.00 $2,866.00 $2,894.00 $2,921.00 $2,951.00 $2,980.00 $3,009.00 $3,038.00 $3,068.00 $3,098.00 $3,129.00 $3,160.00 $3,190.00 $3,221.00 $3,253.00 $3,285.00 $3,318.00 $3,350.00 $3,382.00
10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)MANAGEMENT 591 PWO&M $9,412.47 $9,507.03 $9,600.47 $9,695.03 $9,789.59 $9,883.03 $9,982.04 $10,081.05 $10,180.06 $10,279.07 $10,378.08 $10,481.53 $10,584.99 $10,688.45 $10,793.02 $10,611.04 $11,005.50 $11,114.52 $11,223.54 $11,332.56 $11,441.58
30623 FACILITIES MAINTENANCE MECHANIC GENERAL 420 PWO&M $4,116.61 $4,157.70 $4,198.80 $4,239.90 $4,281.00 $4,322.09 $4,365.47 $4,408.85 $4,452.24 $4,495.62 $4,539.00 $4,584.66 $4,615.70 $4,674.85 $4,720.51 $4,766.18 $4,812.98 $4,860.93 $4,908.88 $4,956.82 $5,003.63
20092 FACILITIES MAINTENANCE SUPERVISOR MIDDLE MANAGEMENT 515 PWO&M $6,606.48 $6,672.63 $6,738.79 $6,804.95 $6,869.96 $6,936.12 $7,005.69 $7,075.27 $7,144.85 $7,214.43 $7,282.87 $7,355.87 $7,428.87 $7,501.87 $7,574.86 $7,647.86 $7,724.29 $7,800.71 $7,877.13 $7,953.55 $8,029.97
10512 FINANCIAL ANALYST MANAGEMENT 532 F&MS $7,012.91 $7,082.99 $7,153.07 $7,223.16 $7,293.24 $7,363.33 $7,437.86 $7,511.28 $7,584.71 $7,658.13 $7,731.55 $7,809.42 $7,886.18 $7,964.05 $8,040.81 $7,906.27 $8,199.89 $8,281.10 $8,362.31 $8,443.52 $8,524.73
30506 FLEET PARTS STOREKEEPER GENERAL 398 PWO&M $3,688.51 $3,726.18 $3,762.71 $3,799.24 $3,836.91 $3,873.44 $3,912.26 $3,951.07 $3,989.89 $4,028.70 $4,067.52 $4,107.47 $4,136.49 $4,188.53 $4,229.62 $4,270.72 $4,312.96 $4,356.34 $4,398.58 $4,440.82 $4,484.20
30944 FLEET PARTS TECHNICIAN GENERAL 438 PWO&M $4,503.61 $4,548.13 $4,593.79 $4,638.32 $4,683.98 $4,728.50 $4,775.31 $4,823.26 $4,870.06 $4,918.01 $4,964.81 $5,015.04 $5,049.38 $5,114.36 $5,163.45 $5,213.68 $5,265.05 $5,317.57 $5,370.08 $5,421.45 $5,473.97
00259 FOOD SERVICE PROGRAM SPECIALIST (PT)NA 361 PR&CS $2,687.00 $2,714.00 $2,741.00 $2,767.00 $2,794.00 $2,821.00 $2,849.00 $2,878.00 $2,906.00 $2,934.00 $2,962.00 $2,992.00 $3,022.00 $3,051.00 $3,081.00 $3,110.00 $3,141.00 $3,173.00 $3,204.00 $3,235.00 $3,266.00
20060 FOOD SERVICE SUPERVISOR MIDDLE MANAGEMENT 478 PR&CS $5,493.23 $5,547.98 $5,602.73 $5,657.48 $5,712.23 $5,768.12 $5,825.15 $5,883.32 $5,940.35 $5,998.53 $6,055.56 $6,116.01 $6,177.60 $6,238.06 $6,298.51 $6,358.96 $6,422.84 $6,485.57 $6,549.45 $6,613.32 $6,677.20
33165 FORENSICS SPECIALIST I (FLEX)POLICE GENERAL 448 PD $4,734.21 $4,972.66 $4,827.82 $4,875.77 $4,922.57 $4,970.52 $5,019.61 $5,069.84 $5,118.93 $5,169.16 $5,219.39 $5,270.76 $5,323.28 $5,375.79 $5,427.16 $5,479.67 $5,534.47 $5,589.27 $5,644.06 $5,698.86 $5,753.66
33166 FORENSICS SPECIALIST II POLICE GENERAL 478 PD $5,497.94 $5,775.76 $5,607.53 $5,662.33 $5,717.13 $5,773.07 $5,830.15 $5,888.37 $5,945.45 $6,003.67 $6,060.75 $6,121.25 $6,182.90 $6,243.40 $6,303.91 $6,364.41 $6,428.34 $6,491.13 $6,555.06 $6,618.99 $6,682.92
20160 FORENSICS SUPERVISOR MIDDLE MANAGEMENT 543 PD $7,596.54 $7,671.82 $7,748.24 $7,824.66 $7,899.94 $7,976.36 $8,056.21 $8,136.05 $8,215.89 $8,295.74 $8,374.44 $8,458.85 $8,542.11 $8,626.52 $8,709.78 $8,794.19 $8,882.02 $8,969.84 $9,057.67 $9,145.50 $9,233.33
20490 FORESTRY SUPERVISOR MIDDLE MANAGEMENT 542 PWO&M $7,558.90 $7,634.18 $7,709.46 $7,784.74 $7,861.16 $7,936.44 $8,016.29 $8,094.99 $8,174.83 $8,253.53 $8,333.38 $8,416.64 $8,499.91 $8,583.17 $8,666.44 $8,749.70 $8,837.53 $8,925.36 $9,012.05 $9,099.88 $9,187.70
10624 GIS ADMINISTRATOR CONFIDENTIAL 580 IT $8,910.75 $8,999.75 $9,088.74 $9,177.74 $9,266.74 $9,355.73 $9,449.18 $9,542.62 $9,636.07 $9,729.52 $9,824.07 $9,921.97 $10,019.87 $10,117.76 $10,216.77 $10,314.67 $10,418.12 $10,520.47 $10,623.93 $10,727.39 $10,830.84
10623 GIS ANALYST CONFIDENTIAL 483 IT $5,492.18 $5,547.80 $5,602.31 $5,657.94 $5,712.45 $5,766.96 $5,824.81 $5,882.65 $5,940.50 $5,998.35 $6,055.08 $6,116.27 $6,176.34 $6,237.53 $6,297.60 $6,358.78 $6,422.19 $6,485.60 $6,549.01 $6,612.42 $6,675.83
10730 GRANT DIVISION MANAGER (U)MANAGEMENT 601 CM $9,894.16 $9,993.17 $10,092.18 $10,191.18 $10,290.19 $10,389.20 $10,492.66 $10,596.12 $10,700.69 $10,804.15 $10,908.72 $11,017.74 $11,126.76 $11,235.78 $11,344.80 $11,153.72 $11,568.40 $11,682.98 $11,797.57 $11,912.15 $12,026.73
10778 GRANT WRITER CONFIDENTIAL 506 CM $6,160.77 $6,221.95 $6,283.14 $6,345.43 $6,406.62 $6,467.80 $6,533.44 $6,597.96 $6,662.48 $6,727.00 $6,791.53 $6,859.39 $6,927.25 $6,995.11 $7,062.97 $7,130.83 $7,202.02 $7,274.33 $7,345.53 $7,416.73 $7,487.92
30133 GRANTS ANALYST GENERAL 476 VARIOUS $5,443.14 $5,497.94 $5,551.60 $5,606.39 $5,661.19 $5,714.84 $5,771.92 $5,830.15 $5,887.23 $5,944.31 $6,001.39 $6,060.75 $6,103.42 $6,180.62 $6,241.12 $6,301.63 $6,364.41 $6,427.20 $6,489.99 $6,552.78 $6,616.71
30136 GRANTS ASSISTANT GENERAL 390 VARIOUS $3,544.66 $3,580.05 $3,615.44 $3,650.83 $3,686.22 $3,721.61 $3,759.28 $3,795.82 $3,833.49 $3,871.16 $3,907.69 $3,946.51 $3,974.85 $4,025.28 $4,064.09 $4,102.91 $4,144.00 $4,185.10 $4,226.20 $4,267.30 $4,308.39
20100 GRANTS MANAGER (U)MIDDLE MANAGEMENT 506 VARIOUS $6,316.76 $6,379.49 $6,442.23 $6,506.10 $6,568.84 $6,631.57 $6,698.87 $6,765.02 $6,831.18 $6,897.34 $6,963.49 $7,033.07 $7,102.65 $7,172.23 $7,241.80 $7,311.38 $7,384.38 $7,458.52 $7,531.52 $7,604.52 $7,677.52
30098 GROUNDWORKER ARBORIST GENERAL 392 PWO&M $3,580.05 $3,615.44 $3,651.97 $3,687.36 $3,723.90 $3,759.28 $3,796.96 $3,834.63 $3,872.30 $3,909.98 $3,947.65 $3,986.46 $4,014.69 $4,065.23 $4,105.19 $4,144.00 $4,186.24 $4,227.34 $4,268.44 $4,310.68 $4,351.77
30516 HAZMAT TECHNICIAN GENERAL 452 PWO&M $4,828.96 $4,876.91 $4,926.00 $4,973.95 $5,021.89 $5,070.98 $5,121.21 $5,171.44 $5,222.81 $5,273.05 $5,324.42 $5,376.93 $5,414.77 $5,484.24 $5,536.75 $5,590.41 $5,646.35 $5,702.29 $5,758.22 $5,814.16 $5,870.10
30699 HOMELESS SERVICES ASSISTANT GENERAL 420 CD&H $4,116.61 $4,157.70 $4,198.80 $4,239.90 $4,281.00 $4,322.09 $4,365.47 $4,408.85 $4,452.24 $4,495.62 $4,539.00 $4,584.66 $4,615.70 $4,674.85 $4,720.51 $4,766.18 $4,812.98 $4,860.93 $4,908.88 $4,956.82 $5,003.63
10700 HOMELESS SERVICES COORDINATOR MANAGEMENT 556 CD&H $7,905.09 $7,984.08 $8,063.06 $8,142.05 $8,221.03 $8,300.01 $8,383.45 $8,465.77 $8,549.20 $8,632.64 $8,714.96 $8,802.84 $8,889.61 $8,976.39 $9,064.27 $8,911.49 $9,242.26 $9,334.60 $9,425.82 $9,517.04 $9,608.26
10699 HOMELESS SOLUTIONS MANAGER (U)MANAGEMENT 601 CD&H $9,894.16 $9,993.17 $10,092.18 $10,191.18 $10,290.19 $10,389.20 $10,492.66 $10,596.12 $10,700.69 $10,804.15 $10,908.72 $11,017.74 $11,126.76 $11,235.78 $11,344.80 $11,153.72 $11,568.40 $11,682.98 $11,797.57 $11,912.15 $12,026.73
10121 HOUSING COMPLIANCE SPECIALIST MANAGEMENT 500 CD&H $5,978.32 $6,038.40 $6,098.47 $6,157.43 $6,217.50 $6,277.57 $6,339.87 $6,403.28 $6,465.58 $6,528.99 $6,591.29 $6,656.92 $6,723.67 $6,789.30 $6,854.94 $6,739.66 $6,990.66 $7,059.63 $7,128.60 $7,197.57 $7,266.54
10129 HOUSING DIVISION MANAGER (U)MANAGEMENT 601 CD&H $9,894.16 $9,993.17 $10,092.18 $10,191.18 $10,290.19 $10,389.20 $10,492.66 $10,596.12 $10,700.69 $10,804.15 $10,908.72 $11,017.74 $11,126.76 $11,235.78 $11,344.80 $11,153.72 $11,568.40 $11,682.98 $11,797.57 $11,912.15 $12,026.73
10657 HUMAN RESOURCES ANALYST CONFIDENTIAL 518 HR&RM $6,540.11 $6,605.75 $6,671.38 $6,735.90 $6,801.54 $6,867.17 $6,936.15 $7,004.01 $7,072.98 $7,141.95 $7,210.92 $7,283.23 $7,354.43 $7,426.74 $7,499.05 $7,571.36 $7,647.00 $7,722.65 $7,798.30 $7,873.94 $7,949.59
10683 HUMAN RESOURCES ANALYST I CONFIDENTIAL 500 HR&RM $5,978.32 $6,038.40 $6,098.47 $6,157.43 $6,217.50 $6,277.57 $6,339.87 $6,403.28 $6,465.58 $6,528.99 $6,591.29 $6,656.92 $6,723.67 $6,789.30 $6,854.94 $6,920.57 $6,990.66 $7,059.63 $7,128.60 $7,197.57 $7,266.54
10684 HUMAN RESOURCES ANALYST II CONFIDENTIAL 518 HR&RM $6,540.11 $6,605.75 $6,671.38 $6,735.90 $6,801.54 $6,867.17 $6,936.15 $7,004.01 $7,072.98 $7,141.95 $7,210.92 $7,283.23 $7,354.43 $7,426.74 $7,499.05 $7,571.36 $7,647.00 $7,722.65 $7,798.30 $7,873.94 $7,949.59
10682 HUMAN RESOURCES ANALYST TRAINEE CONFIDENTIAL 476 HR&RM $5,304.18 $5,357.57 $5,409.86 $5,463.26 $5,516.66 $5,568.94 $5,624.56 $5,681.30 $5,736.92 $5,792.54 $5,848.17 $5,906.01 $5,964.97 $6,022.82 $6,081.78 $6,140.74 $6,201.93 $6,263.11 $6,324.30 $6,385.48 $6,447.78
10672 HUMAN RESOURCES DIVISION MANAGER (U)MANAGEMENT 590 HR&RM $9,365.74 $9,459.19 $9,553.75 $9,647.19 $9,740.64 $9,834.09 $9,931.98 $10,030.99 $10,128.89 $10,227.90 $10,325.79 $10,429.25 $10,532.71 $10,636.17 $10,738.51 $10,557.96 $10,950.99 $11,058.90 $11,167.92 $11,275.83 $11,384.85
10673 HUMAN RESOURCES GENERALIST CONFIDENTIAL 490 HR&RM $5,687.97 $5,744.71 $5,801.44 $5,858.18 $5,914.91 $5,971.65 $6,031.72 $6,091.79 $6,150.75 $6,210.83 $6,270.90 $6,333.20 $6,396.61 $6,458.90 $6,521.20 $6,584.61 $6,650.25 $6,715.88 $6,781.52 $6,847.15 $6,913.90
30207 HUMAN RESOURCES TECHNICIAN GENERAL 418 HR&RM $4,075.51 $4,116.61 $4,157.70 $4,197.66 $4,238.76 $4,279.85 $4,322.09 $4,365.47 $4,407.71 $4,451.09 $4,493.33 $4,539.00 $4,570.17 $4,628.04 $4,673.71 $4,718.23 $4,765.03 $4,812.98 $4,859.79 $4,906.59 $4,954.54
30101 HVAC MECHANIC GENERAL 460 PWO&M $5,025.32 $5,075.55 $5,125.78 $5,176.01 $5,226.24 $5,276.47 $5,330.13 $5,382.64 $5,435.15 $5,487.67 $5,541.32 $5,596.12 $5,635.59 $5,706.85 $5,762.79 $5,817.59 $5,875.81 $5,934.03 $5,992.25 $6,050.47 $6,108.70
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10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)CONFIDENTIAL 498 IT $5,919.36 $5,978.32 $6,037.28 $6,097.36 $6,156.32 $6,215.28 $6,277.57 $6,339.87 $6,402.17 $6,463.35 $6,525.65 $6,591.29 $6,656.92 $6,721.44 $6,787.08 $6,852.71 $6,920.57 $6,989.54 $7,057.40 $7,126.38 $7,195.35
10626 INFORMATION TECHNOLOGY ANALYST II CONFIDENTIAL 520 IT $6,605.75 $6,671.38 $6,738.13 $6,803.76 $6,870.51 $6,936.15 $7,005.12 $7,075.20 $7,144.17 $7,213.15 $7,283.23 $7,355.54 $7,428.96 $7,501.27 $7,574.69 $7,647.00 $7,723.76 $7,799.41 $7,876.17 $7,952.93 $8,029.69
10637 INFORMATION TECHNOLOGY MANAGER MANAGEMENT 599 IT $9,796.26 $9,894.16 $9,992.06 $10,089.95 $10,187.85 $10,285.74 $10,388.09 $10,491.55 $10,593.89 $10,697.35 $10,799.70 $10,907.60 $11,015.51 $11,123.42 $11,232.44 $11,043.24 $11,453.82 $11,567.29 $11,679.65 $11,793.12 $11,906.59
10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR CONFIDENTIAL 530 IT $6,943.93 $7,012.91 $7,082.99 $7,151.96 $7,220.93 $7,291.02 $7,363.33 $7,436.75 $7,509.06 $7,582.48 $7,654.79 $7,731.55 $7,808.31 $7,885.07 $7,961.83 $8,038.59 $8,118.68 $8,198.78 $8,278.88 $8,360.09 $8,440.18
10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)CONFIDENTIAL 430 IT $4,217.31 $4,258.47 $4,300.74 $4,343.02 $4,385.29 $4,427.56 $4,472.06 $4,516.56 $4,559.95 $4,604.44 $4,648.94 $4,695.67 $4,742.39 $4,788.00 $4,834.72 $4,881.44 $4,930.39 $4,979.34 $5,028.29 $5,077.24 $5,125.07
10159 LAND DEVELOPMENT ENGINEER MANAGEMENT 590 PWO&M $9,365.74 $9,459.19 $9,553.75 $9,647.19 $9,740.64 $9,834.09 $9,931.98 $10,030.99 $10,128.89 $10,227.90 $10,325.79 $10,429.25 $10,532.71 $10,636.17 $10,738.51 $10,557.96 $10,950.99 $11,058.90 $11,167.92 $11,275.83 $11,384.85
30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)GENERAL 447 PWO&M $4,710.24 $4,757.04 $4,803.85 $4,851.80 $4,898.60 $4,945.41 $4,995.64 $5,044.73 $5,093.81 $5,144.04 $5,193.13 $5,244.51 $5,281.59 $5,348.39 $5,400.90 $5,452.28 $5,507.07 $5,561.87 $5,616.67 $5,670.32 $5,725.12
30639 LANDSCAPE & IRRIGATION INSPECTOR II GENERAL 467 PWO&M $5,204.55 $5,255.92 $5,308.43 $5,359.81 $5,412.32 $5,464.83 $5,518.49 $5,573.29 $5,628.08 $5,682.88 $5,737.68 $5,794.76 $5,834.79 $5,910.06 $5,967.14 $6,024.22 $6,084.72 $6,145.23 $6,205.73 $6,265.09 $6,325.60
00308 LAW ENFORCEMENT TRAINEE NA NA PD $34.77 $34.77
30113 LEAD ANIMAL CONTROL OFFICER GENERAL 437 AS $4,480.78 $4,525.30 $4,570.96 $4,615.48 $4,660.01 $4,704.53 $4,752.48 $4,799.28 $4,846.09 $4,892.89 $4,940.84 $4,989.93 $5,024.34 $5,088.11 $5,138.34 $5,187.43 $5,238.80 $5,291.31 $5,342.68 $5,395.20 $5,446.57
30080 LEAD BUILDING INSPECTOR GENERAL 526 CD&H $6,984.30 $7,055.08 $7,124.72 $7,194.36 $7,263.99 $7,333.63 $7,407.83 $7,480.90 $7,553.96 $7,627.02 $7,701.23 $7,777.71 $7,831.32 $7,931.83 $8,008.32 $8,085.94 $8,167.00 $8,246.91 $8,327.96 $8,409.02 $8,490.07
30463 LEAD CODE ENFORCEMENT OFFICER GENERAL 498 CD&H $6,074.45 $6,134.95 $6,195.46 $6,257.10 $6,317.61 $6,378.11 $6,442.04 $6,505.97 $6,569.90 $6,632.69 $6,696.62 $6,763.97 $6,811.43 $6,897.54 $6,964.89 $7,032.25 $7,101.89 $7,172.67 $7,242.30 $7,313.08 $7,383.86
30311 LEAD CUSTODIAN GENERAL 397 PWO&M $3,670.24 $3,706.77 $3,744.44 $3,780.98 $3,817.51 $3,854.04 $3,892.85 $3,931.67 $3,969.34 $4,008.15 $4,046.97 $4,086.92 $4,116.00 $4,167.98 $4,209.07 $4,249.03 $4,291.27 $4,334.65 $4,376.89 $4,419.13 $4,461.37
30932 LEAD EQUIPMENT MECHANIC GENERAL 470 PWO&M $5,282.18 $5,335.83 $5,388.35 $5,440.86 $5,494.52 $5,547.03 $5,601.83 $5,657.76 $5,713.70 $5,768.50 $5,824.44 $5,882.66 $5,923.58 $5,999.10 $6,057.32 $6,115.55 $6,176.05 $6,237.70 $6,299.34 $6,359.85 $6,421.49
20170 LEAD FORENSICS SPECIALIST MIDDLE MANAGEMENT 516 PD $6,639.56 $6,705.71 $6,771.87 $6,838.02 $6,905.32 $6,971.48 $7,041.05 $7,110.63 $7,180.21 $7,249.79 $7,319.37 $7,393.51 $7,466.51 $7,539.51 $7,612.51 $7,685.51 $7,763.07 $7,839.49 $7,915.91 $7,993.47 $8,069.89
30490 LEAD MAINTENANCE WORKER GENERAL 452 PWO&M $4,828.96 $4,876.91 $4,926.00 $4,973.95 $5,021.89 $5,070.98 $5,121.21 $5,171.44 $5,222.81 $5,273.05 $5,324.42 $5,376.93 $5,414.77 $5,484.24 $5,536.75 $5,590.41 $5,646.35 $5,702.29 $5,758.22 $5,814.16 $5,870.10
30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER GENERAL 471 PWO&M $5,309.58 $5,362.09 $5,415.74 $5,468.26 $5,521.91 $5,574.43 $5,630.37 $5,686.30 $5,742.24 $5,797.04 $5,852.98 $5,912.34 $5,953.17 $6,028.78 $6,087.01 $6,146.37 $6,206.87 $6,268.52 $6,330.17 $6,391.81 $6,453.46
10319 LEGAL ADMINISTRATIVE ASSISTANT (U)CONFIDENTIAL 497 CITY ATTORNEY $5,889.33 $5,948.29 $6,007.25 $6,066.21 $6,125.17 $6,184.13 $6,246.43 $6,307.61 $6,369.91 $6,432.20 $6,493.39 $6,559.02 $6,623.55 $6,688.07 $6,753.70 $6,818.23 $6,886.09 $6,955.06 $7,022.92 $7,090.78 $7,158.64
10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)MANAGEMENT 593 CM $9,507.03 $9,602.70 $9,697.26 $9,791.81 $9,887.48 $9,982.04 $10,082.16 $10,182.28 $10,282.41 $10,381.41 $10,481.53 $10,586.11 $10,690.68 $10,796.36 $10,900.93 $10,717.19 $11,115.63 $11,225.77 $11,335.90 $11,446.03 $11,556.16
30335 LIBRARIAN I (FLEX)GENERAL 450 LIBRARY $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
30366 LIBRARIAN II GENERAL 479 LIBRARY $5,525.34 $5,580.14 $5,636.07 $5,690.87 $5,745.67 $5,801.61 $5,859.83 $5,916.91 $5,975.13 $6,033.35 $6,091.57 $6,152.08 $6,195.62 $6,274.23 $6,334.73 $6,396.38 $6,460.31 $6,524.24 $6,588.17 $6,652.10 $6,716.03
30341 LIBRARY ASSISTANT GENERAL 370 LIBRARY $3,207.89 $3,239.86 $3,271.82 $3,304.93 $3,336.89 $3,368.86 $3,401.96 $3,436.21 $3,469.32 $3,503.57 $3,536.67 $3,572.06 $3,596.95 $3,642.84 $3,678.23 $3,713.62 $3,751.29 $3,787.82 $3,825.50 $3,862.03 $3,899.70
20388 LIBRARY CIRCULATION SUPERVISOR MIDDLE MANAGEMENT 460 LIBRARY $5,021.01 $5,071.20 $5,121.39 $5,171.58 $5,221.76 $5,271.95 $5,325.56 $5,378.03 $5,430.50 $5,482.97 $5,536.57 $5,591.32 $5,647.22 $5,701.96 $5,757.86 $5,812.61 $5,870.78 $5,928.95 $5,987.12 $6,045.29 $6,103.46
10401 LIBRARY DIRECTOR (U)EXECUTIVE 635 LIBRARY $11,723.03 $11,839.84 $11,956.65 $12,074.57 $12,191.38 $12,308.18 $12,431.67 $12,555.15 $12,677.52 $12,801.00 $12,924.48 $13,053.53 $13,182.57 $13,311.62 $13,440.66 $13,570.82 $13,706.54 $13,842.26 $13,977.98 $14,112.58 $14,248.30
20385 LIBRARY NETWORK ADMINISTRATOR MIDDLE MANAGEMENT 492 LIBRARY $5,890.17 $5,949.48 $6,007.65 $6,066.96 $6,126.28 $6,184.45 $6,246.04 $6,308.78 $6,370.37 $6,431.96 $6,493.56 $6,558.57 $6,623.59 $6,688.60 $6,753.62 $6,818.63 $6,887.07 $6,955.51 $7,022.80 $7,091.24 $7,159.68
30380 LIBRARY NETWORK TECHNICIAN GENERAL 422 LIBRARY $4,157.70 $4,199.94 $4,241.04 $4,283.28 $4,324.38 $4,365.47 $4,410.00 $4,453.38 $4,496.76 $4,540.14 $4,584.66 $4,630.32 $4,662.37 $4,721.65 $4,767.32 $4,812.98 $4,862.07 $4,910.02 $4,957.96 $5,005.91 $5,053.86
00361 LIBRARY PAGE (PT)NA 361 LIBRARY $2,687.00 $2,714.00 $2,741.00 $2,767.00 $2,794.00 $2,821.00 $2,849.00 $2,878.00 $2,906.00 $2,934.00 $2,962.00 $2,992.00 $3,022.00 $3,051.00 $3,081.00 $3,110.00 $3,141.00 $3,173.00 $3,204.00 $3,235.00 $3,266.00
20387 LIBRARY PROGRAM COORDINATOR MIDDLE MANAGEMENT 450 LIBRARY $4,776.92 $4,824.83 $4,872.73 $4,920.64 $4,968.55 $5,016.45 $5,066.64 $5,115.69 $5,165.87 $5,216.06 $5,266.25 $5,319.86 $5,372.33 $5,424.79 $5,477.26 $5,529.73 $5,585.62 $5,640.37 $5,696.26 $5,751.01 $5,806.90
30391 LIBRARY TECHNICIAN I (FLEX)GENERAL 380 LIBRARY $3,372.28 $3,405.39 $3,439.64 $3,473.89 $3,506.99 $3,541.24 $3,576.63 $3,612.02 $3,647.41 $3,682.80 $3,718.19 $3,754.72 $3,781.35 $3,828.92 $3,866.60 $3,904.27 $3,943.08 $3,981.90 $4,020.71 $4,059.53 $4,099.48
30392 LIBRARY TECHNICIAN II GENERAL 402 LIBRARY $3,762.71 $3,800.38 $3,838.06 $3,875.73 $3,913.40 $3,951.07 $3,991.03 $4,030.99 $4,069.80 $4,109.76 $4,148.57 $4,190.81 $4,219.58 $4,273.00 $4,315.24 $4,356.34 $4,399.72 $4,443.10 $4,487.63 $4,531.01 $4,574.39
00133 LIFEGUARD (PT)NA 377 PR&CS $2,910.00 $2,939.00 $2,968.00 $2,997.00 $3,026.00 $3,056.00 $3,086.00 $3,117.00 $3,147.00 $3,178.00 $3,208.00 $3,240.00 $3,272.00 $3,305.00 $3,337.00 $3,369.00 $3,402.00 $3,436.00 $3,470.00 $3,503.00 $3,537.00
30215 LITERACY PROGRAM COORDINATOR GENERAL 470 LIBRARY $5,282.18 $5,335.83 $5,388.35 $5,440.86 $5,494.52 $5,547.03 $5,601.83 $5,657.76 $5,713.70 $5,768.50 $5,824.44 $5,882.66 $5,923.58 $5,999.10 $6,057.32 $6,115.55 $6,176.05 $6,237.70 $6,299.34 $6,359.85 $6,421.49
20484 MAINTENANCE SUPERVISOR MIDDLE MANAGEMENT 522 PWO&M $6,841.45 $6,909.88 $6,978.32 $7,045.62 $7,114.05 $7,182.49 $7,254.35 $7,326.21 $7,398.07 $7,469.93 $7,541.79 $7,617.07 $7,693.49 $7,768.77 $7,844.05 $7,919.33 $7,998.04 $8,077.88 $8,156.58 $8,236.43 $8,315.13
30486 MAINTENANCE WORKER I (FLEX)GENERAL 393 PWO&M $3,598.32 $3,633.71 $3,670.24 $3,705.63 $3,742.16 $3,777.55 $3,815.22 $3,854.04 $3,891.71 $3,929.38 $3,967.06 $4,007.01 $4,034.04 $4,085.78 $4,125.74 $4,165.69 $4,206.79 $4,249.03 $4,290.13 $4,332.37 $4,373.47
30487 MAINTENANCE WORKER II GENERAL 415 PWO&M $4,015.00 $4,054.96 $4,096.06 $4,136.01 $4,175.97 $4,215.92 $4,258.16 $4,300.40 $4,342.64 $4,384.88 $4,427.12 $4,471.64 $4,501.87 $4,559.55 $4,604.07 $4,648.59 $4,694.25 $4,741.06 $4,787.87 $4,834.67 $4,880.34
30488 MAINTENANCE WORKER III GENERAL 425 PWO&M $4,220.49 $4,262.73 $4,304.97 $4,347.21 $4,389.45 $4,431.69 $4,476.21 $4,520.73 $4,564.11 $4,608.63 $4,653.16 $4,699.96 $4,732.94 $4,792.43 $4,839.24 $4,886.04 $4,935.13 $4,984.22 $5,032.17 $5,081.26 $5,130.35
10530 MANAGEMENT ANALYST I (FLEX)MANAGEMENT 476 VARIOUS $5,304.18 $5,357.57 $5,409.86 $5,463.26 $5,516.66 $5,568.94 $5,624.56 $5,681.30 $5,736.92 $5,792.54 $5,848.17 $5,906.01 $5,964.97 $6,022.82 $6,081.78 $5,980.33 $6,201.93 $6,263.11 $6,324.30 $6,385.48 $6,447.78
10531 MANAGEMENT ANALYST I (FLEX)(U)MANAGEMENT 476 VARIOUS $5,304.18 $5,357.57 $5,409.86 $5,463.26 $5,516.66 $5,568.94 $5,624.56 $5,681.30 $5,736.92 $5,792.54 $5,848.17 $5,906.01 $5,964.97 $6,022.82 $6,081.78 $5,980.33 $6,201.93 $6,263.11 $6,324.30 $6,385.48 $6,447.78
10532 MANAGEMENT ANALYST II MANAGEMENT 506 VARIOUS $6,160.77 $6,221.95 $6,283.14 $6,345.43 $6,406.62 $6,467.80 $6,533.44 $6,597.96 $6,662.48 $6,727.00 $6,791.53 $6,859.39 $6,927.25 $6,995.11 $7,062.97 $6,944.38 $7,202.02 $7,274.33 $7,345.53 $7,416.73 $7,487.92
10533 MANAGEMENT ANALYST II (U)MANAGEMENT 506 VARIOUS $6,160.77 $6,221.95 $6,283.14 $6,345.43 $6,406.62 $6,467.80 $6,533.44 $6,597.96 $6,662.48 $6,727.00 $6,791.53 $6,859.39 $6,927.25 $6,995.11 $7,062.97 $6,944.38 $7,202.02 $7,274.33 $7,345.53 $7,416.73 $7,487.92
10516 MARKETING & MEDIA SPECIALIST CONFIDENTIAL 476 CM $5,304.18 $5,357.57 $5,409.86 $5,463.26 $5,516.66 $5,568.94 $5,624.56 $5,681.30 $5,736.92 $5,792.54 $5,848.17 $5,906.01 $5,964.97 $6,022.82 $6,081.78 $6,140.74 $6,201.93 $6,263.11 $6,324.30 $6,385.48 $6,447.78
33515 MARKETING & PUBLIC RELATIONS SPECIALIST POLICE GENERAL 461 PD $5,050.43 $5,306.60 $5,152.04 $5,202.27 $5,252.50 $5,303.87 $5,356.38 $5,408.90 $5,462.55 $5,515.06 $5,568.72 $5,624.66 $5,679.45 $5,735.39 $5,791.33 $5,847.27 $5,905.49 $5,963.71 $6,021.93 $6,081.30 $6,139.52
00502 MAYOR NA NA MAYOR $4,166.67 $4,166.67
10503 MAYOR'S CHIEF OF STAFF (U)MANAGEMENT 580 MAYOR $8,910.75 $8,999.75 $9,088.74 $9,177.74 $9,266.74 $9,355.73 $9,449.18 $9,542.62 $9,636.07 $9,729.52 $9,824.07 $9,921.97 $10,019.87 $10,117.76 $10,216.77 $10,044.52 $10,418.12 $10,520.47 $10,623.93 $10,727.39 $10,830.84
10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)MANAGEMENT 561 CM $8,104.22 $8,185.43 $8,266.64 $8,347.85 $8,429.06 $8,510.27 $8,594.81 $8,680.47 $8,765.02 $8,850.68 $8,935.22 $9,024.22 $9,114.33 $9,203.33 $9,292.32 $9,136.79 $9,475.88 $9,569.32 $9,663.88 $9,757.33 $9,850.77
10528 NETWORK SYSTEMS ADMINISTRATOR CONFIDENTIAL 566 IT $8,308.91 $8,392.35 $8,475.78 $8,558.10 $8,641.54 $8,724.97 $8,811.74 $8,899.63 $8,986.40 $9,074.28 $9,161.05 $9,252.27 $9,344.61 $9,435.83 $9,527.05 $9,619.38 $9,715.05 $9,811.84 $9,907.51 $10,004.29 $10,099.96
30425 NPDES INSPECTOR I (FLEX)GENERAL 461 PWO&M $5,050.43 $5,101.81 $5,152.04 $5,202.27 $5,252.50 $5,303.87 $5,356.38 $5,408.90 $5,462.55 $5,515.06 $5,568.72 $5,624.66 $5,662.91 $5,735.39 $5,791.33 $5,847.27 $5,905.49 $5,963.71 $6,021.93 $6,081.30 $6,139.52
30426 NPDES INSPECTOR II GENERAL 485 PWO&M $5,693.15 $5,750.23 $5,807.31 $5,863.25 $5,920.33 $5,977.41 $6,037.92 $6,097.28 $6,156.64 $6,217.15 $6,276.51 $6,339.30 $6,383.44 $6,464.87 $6,527.66 $6,590.45 $6,656.66 $6,721.73 $6,787.95 $6,854.16 $6,920.37
20555 NPDES MANAGER MIDDLE MANAGEMENT 525 PWO&M $6,944.10 $7,013.68 $7,083.26 $7,152.84 $7,221.27 $7,290.85 $7,363.85 $7,436.85 $7,509.85 $7,582.85 $7,655.85 $7,732.27 $7,808.69 $7,885.11 $7,961.54 $8,039.10 $8,118.94 $8,199.93 $8,279.77 $8,359.61 $8,440.60
10122 OMBUDSPERSON CONFIDENTIAL 518 CM $6,540.11 $6,605.75 $6,671.38 $6,735.90 $6,801.54 $6,867.17 $6,936.15 $7,004.01 $7,072.98 $7,141.95 $7,210.92 $7,283.23 $7,354.43 $7,426.74 $7,499.05 $7,571.36 $7,647.00 $7,722.65 $7,798.30 $7,873.94 $7,949.59
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)MANAGEMENT 591 PWO&M $9,412.47 $9,507.03 $9,600.47 $9,695.03 $9,789.59 $9,883.03 $9,982.04 $10,081.05 $10,180.06 $10,279.07 $10,378.08 $10,481.53 $10,584.99 $10,688.45 $10,793.02 $10,611.04 $11,005.50 $11,114.52 $11,223.54 $11,332.56 $11,441.58
PENDING PARK RANGER POLICE GENERAL 397 PD $3,670.24 $3,856.78 $3,744.44 $3,780.98 $3,817.51 $3,854.04 $3,892.85 $3,931.67 $3,969.34 $4,008.15 $4,046.97 $4,086.92 $4,128.02 $4,167.98 $4,209.07 $4,249.03 $4,291.27 $4,334.65 $4,376.89 $4,419.13 $4,461.37
20178 PARK RANGER SUPERVISOR MIDDLE MANAGEMENT 480 PD $5,547.98 $5,603.87 $5,658.62 $5,714.51 $5,770.40 $5,825.15 $5,883.32 $5,941.50 $5,999.67 $6,058.98 $6,117.15 $6,177.60 $6,239.20 $6,300.79 $6,361.24 $6,422.84 $6,486.71 $6,550.59 $6,615.60 $6,679.48 $6,743.35
33581 PARKING ENFORCEMENT OFFICER POLICE GENERAL 380 PD $3,372.28 $3,542.83 $3,439.64 $3,473.89 $3,506.99 $3,541.24 $3,576.63 $3,612.02 $3,647.41 $3,682.80 $3,718.19 $3,754.72 $3,792.39 $3,828.92 $3,866.60 $3,904.27 $3,943.08 $3,981.90 $4,020.71 $4,059.53 $4,099.48
20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR MIDDLE MANAGEMENT 534 PWO&M $7,262.33 $7,335.33 $7,408.33 $7,480.19 $7,553.19 $7,626.19 $7,702.61 $7,779.04 $7,854.32 $7,930.74 $8,007.16 $8,087.00 $8,167.99 $8,247.83 $8,327.67 $8,407.52 $8,491.92 $8,576.33 $8,659.60 $8,744.00 $8,828.41
30611 PARKS MAINTENANCE WORKER I (FLEX)GENERAL 390 PWO&M $3,544.66 $3,580.05 $3,615.44 $3,650.83 $3,686.22 $3,721.61 $3,759.28 $3,795.82 $3,833.49 $3,871.16 $3,907.69 $3,946.51 $3,974.85 $4,025.28 $4,064.09 $4,102.91 $4,144.00 $4,185.10 $4,226.20 $4,267.30 $4,308.39
30622 PARKS MAINTENANCE WORKER II GENERAL 421 PWO&M $4,137.15 $4,178.25 $4,220.49 $4,261.59 $4,302.69 $4,343.78 $4,387.16 $4,430.55 $4,475.07 $4,518.45 $4,561.83 $4,607.49 $4,639.60 $4,697.68 $4,743.34 $4,789.01 $4,836.95 $4,884.90 $4,932.85 $4,980.80 $5,028.74
10064 PAYROLL SUPERVISOR MANAGEMENT 521 F&MS $6,639.12 $6,704.76 $6,771.50 $6,838.25 $6,903.88 $6,970.63 $7,040.72 $7,109.69 $7,179.77 $7,249.86 $7,318.83 $7,392.25 $7,465.67 $7,539.10 $7,612.52 $7,483.82 $7,761.59 $7,839.46 $7,916.22 $7,992.98 $8,069.74
10068 PAYROLL TECHNICIAN CONFIDENTIAL 430 F&MS $4,217.31 $4,258.47 $4,300.74 $4,343.02 $4,385.29 $4,427.56 $4,472.06 $4,516.56 $4,559.95 $4,604.44 $4,648.94 $4,695.67 $4,742.39 $4,788.00 $4,834.72 $4,881.44 $4,930.39 $4,979.34 $5,028.29 $5,077.24 $5,125.07
20400 PERMIT SERVICES SUPERVISOR MIDDLE MANAGEMENT 494 PD $5,949.48 $6,008.79 $6,068.10 $6,127.42 $6,186.73 $6,247.18 $6,308.78 $6,371.51 $6,434.24 $6,496.98 $6,558.57 $6,624.73 $6,689.74 $6,755.90 $6,820.91 $6,887.07 $6,955.51 $7,025.09 $7,093.52 $7,161.96 $7,231.54
30691 PLANNING AIDE GENERAL 456 CD&H $4,926.00 $4,975.09 $5,025.32 $5,074.41 $5,123.50 $5,172.58 $5,223.96 $5,276.47 $5,327.84 $5,379.21 $5,431.73 $5,485.38 $5,524.04 $5,593.83 $5,648.63 $5,703.43 $5,760.51 $5,816.45 $5,873.53 $5,930.61 $5,987.69
10713 PLANNING DIVISION MANAGER (U)MANAGEMENT 594 CD&H $9,554.86 $9,650.53 $9,746.20 $9,840.76 $9,936.43 $10,032.10 $10,132.22 $10,233.46 $10,333.58 $10,433.70 $10,533.82 $10,639.50 $10,745.19 $10,849.76 $10,955.44 $10,771.35 $11,171.26 $11,281.39 $11,392.63 $11,502.77 $11,614.01
30680 PLANS EXAMINER I (FLEX)GENERAL 499 CD&H $6,105.27 $6,165.78 $6,226.28 $6,287.93 $6,348.43 $6,410.08 $6,474.01 $6,537.94 $6,601.87 $6,666.94 $6,730.87 $6,798.22 $6,845.58 $6,932.93 $6,999.14 $7,066.50 $7,137.28 $7,208.06 $7,278.83 $7,349.61 $7,420.39
30682 PLANS EXAMINER II GENERAL 534 CD&H $7,268.56 $7,341.62 $7,414.68 $7,486.61 $7,559.67 $7,632.73 $7,709.22 $7,785.70 $7,861.05 $7,937.54 $8,014.02 $8,093.94 $8,151.18 $8,254.90 $8,334.81 $8,414.73 $8,499.20 $8,583.68 $8,667.02 $8,751.50 $8,835.98
30481 PLUMBER GENERAL 450 PWO&M $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
00192 POLICE CADET (PT)NA 368 PD $2,782.00 $2,810.00 $2,838.00 $2,866.00 $2,894.00 $2,921.00 $2,951.00 $2,980.00 $3,009.00 $3,038.00 $3,068.00 $3,098.00 $3,129.00 $3,160.00 $3,190.00 $3,221.00 $3,253.00 $3,285.00 $3,318.00 $3,350.00 $3,382.00
00520 POLICE CALL TAKER (PT)NA 396 PD $19.85 $24.14
50283 POLICE CAPTAIN POLICE MANAGEMENT P5 PD $20,120.63 $20,120.63
20775 POLICE DISPATCH MANAGER MIDDLE MANAGEMENT 528 PD $7,049.04 $7,119.76 $7,189.33 $7,260.05 $7,330.77 $7,401.49 $7,475.63 $7,549.77 $7,622.77 $7,696.91 $7,771.05 $7,848.61 $7,926.18 $8,004.88 $8,082.44 $8,160.00 $8,240.99 $8,323.11 $8,404.10 $8,486.22 $8,568.35
20772 POLICE DISPATCH SUPERVISOR MIDDLE MANAGEMENT 498 PD $6,069.24 $6,129.70 $6,190.15 $6,251.74 $6,312.20 $6,372.65 $6,436.52 $6,500.40 $6,564.27 $6,627.01 $6,690.88 $6,758.18 $6,825.48 $6,891.63 $6,958.93 $7,026.23 $7,095.80 $7,166.52 $7,236.10 $7,306.82 $7,377.54
32767 POLICE DISPATCHER I (FLEX)POLICE DISPATCHER 425 PD $4,270.80 $4,486.97 $4,356.28 $4,399.02 $4,441.77 $4,484.51 $4,529.56 $4,574.61 $4,618.51 $4,527.73 $4,708.62 $4,755.98 $4,803.35 $4,849.55 $4,896.92 $4,944.28 $4,993.95 $5,043.63 $5,092.15 $5,141.82 $5,191.49
32768 POLICE DISPATCHER II POLICE DISPATCHER 456 PD $4,984.71 $5,237.77 $5,085.22 $5,134.89 $5,184.56 $5,234.24 $5,286.22 $5,339.36 $5,391.35 $5,443.33 $5,496.47 $5,550.76 $5,606.21 $5,660.51 $5,715.96 $5,771.41 $5,829.17 $5,885.77 $5,943.53 $6,001.29 $6,059.05
33848 POLICE FLEET MAINTENANCE EXPEDITOR POLICE GENERAL 398 PD $3,688.51 $3,875.59 $3,762.71 $3,799.24 $3,836.91 $3,873.44 $3,912.26 $3,951.07 $3,989.89 $4,028.70 $4,067.52 $4,107.47 $4,148.57 $4,188.53 $4,229.62 $4,270.72 $4,312.96 $4,356.34 $4,398.58 $4,440.82 $4,484.20
50402 POLICE LIEUTENANT POLICE MANAGEMENT P4 PD $17,096.33 $17,096.33
40751 POLICE OFFICER POLICE SAFETY P1 PD $7,736.00 MONTHLY $8,384.56 MONTHLY $9,034.24 MONTHLY $9,682.79 MONTHLY $10,331.35
33218 POLICE PERSONNEL AND TRAINING TECHNICIAN POLICE GENERAL 457 PD $4,951.11 $5,201.95 $5,050.43 $5,099.52 $5,148.61 $5,198.84 $5,250.21 $5,302.73 $5,354.10 $5,406.61 $5,457.98 $5,512.78 $5,567.58 $5,622.37 $5,677.17 $5,731.97 $5,789.05 $5,846.13 $5,903.21 $5,960.29 $6,018.51
PENDING POLICE RECORDS MANAGER MIDDLE MANAGEMENT 528 PD $7,049.04 $7,119.76 $7,189.33 $7,260.05 $7,330.77 $7,401.49 $7,475.63 $7,549.77 $7,622.77 $7,696.91 $7,771.05 $7,848.61 $7,926.18 $8,004.88 $8,082.44 $8,160.00 $8,240.99 $8,323.11 $8,404.10 $8,486.22 $8,568.35
20765 POLICE RECORDS SUPERVISOR MIDDLE MANAGEMENT 464 PD $5,122.53 $5,173.86 $5,225.19 $5,276.51 $5,327.84 $5,379.17 $5,432.78 $5,486.39 $5,540.00 $5,593.61 $5,647.22 $5,704.25 $5,760.14 $5,817.17 $5,873.06 $5,930.09 $5,989.40 $6,048.71 $6,108.03 $6,167.34 $6,226.65
33219 POLICE RECORDS TECHNICIAN I (FLEX)POLICE GENERAL 369 PD $3,191.91 $3,353.52 $3,255.84 $3,287.80 $3,319.77 $3,351.73 $3,384.84 $3,419.09 $3,452.19 $3,485.30 $3,519.55 $3,554.94 $3,589.19 $3,624.58 $3,659.97 $3,695.36 $3,731.89 $3,769.56 $3,806.09 $3,842.62 $3,880.29
33220 POLICE RECORDS TECHNICIAN II POLICE GENERAL 390 PD $3,544.66 $3,723.91 $3,615.44 $3,650.83 $3,686.22 $3,721.61 $3,759.28 $3,795.82 $3,833.49 $3,871.16 $3,907.69 $3,946.51 $3,986.46 $4,025.28 $4,064.09 $4,102.91 $4,144.00 $4,185.10 $4,226.20 $4,267.30 $4,308.39
40332 POLICE SERGEANT POLICE SAFETY P3 PD $10,165.61 MONTHLY $10,952.10 MONTHLY $11,738.61 MONTHLY $12,526.23 MONTHLY $13,312.72
30585 POOL MAINTENANCE COORDINATOR GENERAL 421 PWO&M $4,137.15 $4,178.25 $4,220.49 $4,261.59 $4,302.69 $4,343.78 $4,387.16 $4,430.55 $4,475.07 $4,518.45 $4,561.83 $4,607.49 $4,639.60 $4,697.68 $4,743.34 $4,789.01 $4,836.95 $4,884.90 $4,932.85 $4,980.80 $5,028.74
00331 POOL MANAGER I (PT)NA 421 PR&CS $3,624.00 $3,660.00 $3,697.00 $3,733.00 $3,769.00 $3,805.00 $3,843.00 $3,881.00 $3,920.00 $3,958.00 $3,996.00 $4,036.00 $4,076.00 $4,115.00 $4,155.00 $4,195.00 $4,237.00 $4,279.00 $4,321.00 $4,363.00 $4,405.00
00333 POOL MANAGER II (PT)NA 443 PR&CS $4,044.00 $4,085.00 $4,125.00 $4,166.00 $4,206.00 $4,247.00 $4,289.00 $4,332.00 $4,374.00 $4,417.00 $4,459.00 $4,504.00 $4,548.00 $4,593.00 $4,637.00 $4,682.00 $4,729.00 $4,776.00 $4,822.00 $4,869.00 $4,916.00
20019 PRINCIPAL ACCOUNTANT MIDDLE MANAGEMENT 550 F&MS $7,865.72 $7,944.43 $8,023.13 $8,101.83 $8,180.53 $8,259.24 $8,342.50 $8,424.63 $8,506.75 $8,590.02 $8,672.14 $8,758.83 $8,845.52 $8,932.20 $9,018.89 $9,105.58 $9,196.83 $9,288.08 $9,379.33 $9,470.58 $9,561.83
10182 PRINCIPAL CIVIL ENGINEER MANAGEMENT 600 PWO&M $9,845.21 $9,943.11 $10,042.12 $10,140.01 $10,239.02 $10,336.92 $10,440.37 $10,543.83 $10,647.29 $10,750.75 $10,854.21 $10,962.11 $11,071.13 $11,179.04 $11,288.06 $11,098.48 $11,510.55 $11,625.14 $11,738.61 $11,852.08 $11,966.66
10243 PRINCIPAL PLANNER MANAGEMENT 613 CD&H $10,504.90 $10,609.47 $10,714.04 $10,819.72 $10,924.29 $11,029.97 $11,140.11 $11,250.24 $11,360.37 $11,470.51 $11,580.64 $11,696.33 $11,813.14 $11,928.84 $12,044.53 $11,841.56 $12,281.48 $12,403.85 $12,525.11 $12,646.37 $12,767.63
20864 PROCUREMENT CONTRACT SPECIALIST MIDDLE MANAGEMENT 520 F&MS $6,773.01 $6,840.30 $6,908.74 $6,976.04 $7,044.48 $7,111.77 $7,182.49 $7,254.35 $7,325.07 $7,395.79 $7,467.65 $7,541.79 $7,617.07 $7,691.21 $7,766.49 $7,840.63 $7,919.33 $7,996.89 $8,075.60 $8,154.30 $8,233.00
00360 PROGRAMMING/TRAFFIC ASSISTANT NA 400 CM $3,264.00 $3,296.00 $3,329.00 $3,362.00 $3,394.00 $3,427.00 $3,461.00 $3,496.00 $3,530.00 $3,564.00 $3,598.00 $3,634.00 $3,670.00 $3,706.00 $3,742.00 $3,778.00 $3,816.00 $3,854.00 $3,892.00 $3,929.00 $3,967.00
10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)MANAGEMENT 550 CD&H $7,671.48 $7,748.24 $7,825.00 $7,901.76 $7,978.51 $8,055.27 $8,136.48 $8,216.58 $8,296.68 $8,377.89 $8,457.98 $8,542.53 $8,627.08 $8,711.62 $8,796.17 $8,648.27 $8,969.71 $9,058.71 $9,147.70 $9,236.70 $9,325.70
10639 PROJECT MANAGER/COMMUNITY SERVICES MANAGEMENT 550 CD&H $7,671.48 $7,748.24 $7,825.00 $7,901.76 $7,978.51 $8,055.27 $8,136.48 $8,216.58 $8,296.68 $8,377.89 $8,457.98 $8,542.53 $8,627.08 $8,711.62 $8,796.17 $8,648.27 $8,969.71 $9,058.71 $9,147.70 $9,236.70 $9,325.70
20949 PROPERTY AND EVIDENCE SUPERVISOR MIDDLE MANAGEMENT 494 PD $5,949.48 $6,008.79 $6,068.10 $6,127.42 $6,186.73 $6,247.18 $6,308.78 $6,371.51 $6,434.24 $6,496.98 $6,558.57 $6,624.73 $6,689.74 $6,755.90 $6,820.91 $6,887.07 $6,955.51 $7,025.09 $7,093.52 $7,161.96 $7,231.54
33947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)POLICE GENERAL 411 PD $3,936.23 $4,135.45 $4,015.00 $4,053.82 $4,093.77 $4,132.59 $4,173.69 $4,215.92 $4,257.02 $4,298.12 $4,339.22 $4,382.60 $4,425.98 $4,469.36 $4,512.74 $4,556.12 $4,601.78 $4,647.45 $4,693.11 $4,738.78 $4,784.44
33948 PROPERTY AND EVIDENCE TECHNICIAN II POLICE GENERAL 472 PD $5,335.83 $5,605.26 $5,442.00 $5,495.66 $5,549.31 $5,601.83 $5,658.91 $5,714.84 $5,770.78 $5,826.72 $5,882.66 $5,940.88 $6,000.24 $6,058.47 $6,117.83 $6,177.19 $6,238.84 $6,300.48 $6,362.13 $6,423.78 $6,485.42
10212 PUBLIC INFORMATION OFFICER (U)MANAGEMENT 593 CM $9,507.03 $9,602.70 $9,697.26 $9,791.81 $9,887.48 $9,982.04 $10,082.16 $10,182.28 $10,282.41 $10,381.41 $10,481.53 $10,586.11 $10,690.68 $10,796.36 $10,900.93 $10,717.19 $11,115.63 $11,225.77 $11,335.90 $11,446.03 $11,556.16
30580 PUBLIC WORKS INSPECTOR I (FLEX)GENERAL 476 PWO&M $5,443.14 $5,497.94 $5,551.60 $5,606.39 $5,661.19 $5,714.84 $5,771.92 $5,830.15 $5,887.23 $5,944.31 $6,001.39 $6,060.75 $6,103.42 $6,180.62 $6,241.12 $6,301.63 $6,364.41 $6,427.20 $6,489.99 $6,552.78 $6,616.71
30583 PUBLIC WORKS INSPECTOR II GENERAL 499 PWO&M $6,105.27 $6,165.78 $6,226.28 $6,287.93 $6,348.43 $6,410.08 $6,474.01 $6,537.94 $6,601.87 $6,666.94 $6,730.87 $6,798.22 $6,845.58 $6,932.93 $6,999.14 $7,066.50 $7,137.28 $7,208.06 $7,278.83 $7,349.61 $7,420.39
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30584 PUBLIC WORKS INSPECTOR III GENERAL 529 PWO&M $7,090.47 $7,161.25 $7,232.03 $7,302.81 $7,373.59 $7,444.37 $7,518.57 $7,593.92 $7,668.12 $7,742.32 $7,816.53 $7,895.30 $7,949.70 $8,051.70 $8,129.33 $8,208.10 $8,289.15 $8,371.34 $8,453.54 $8,535.73 $8,617.93
10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER MANAGEMENT 510 PWO&M $6,284.25 $6,347.66 $6,409.96 $6,473.37 $6,535.66 $6,599.07 $6,664.71 $6,730.34 $6,797.09 $6,862.72 $6,928.36 $6,997.33 $7,067.42 $7,136.39 $7,205.36 $7,085.20 $7,347.75 $7,420.06 $7,493.49 $7,565.79 $7,639.22
10863 PURCHASING DIVISION MANAGER (U)MANAGEMENT 598 F&MS $9,747.32 $9,844.10 $9,941.99 $10,039.89 $10,136.67 $10,234.57 $10,336.92 $10,439.26 $10,541.61 $10,643.95 $10,746.30 $10,854.21 $10,961.00 $11,068.91 $11,175.71 $10,987.99 $11,395.97 $11,509.44 $11,621.80 $11,735.27 $11,847.63
PENDING RANGEMASTER POLICE GENERAL 465 PD $5,152.04 $5,413.60 $5,255.92 $5,307.29 $5,358.66 $5,410.04 $5,464.83 $5,518.49 $5,572.14 $5,626.94 $5,680.60 $5,737.68 $5,794.76 $5,850.69 $5,907.77 $5,964.85 $6,024.22 $6,083.58 $6,144.08 $6,203.45 $6,262.81
10440 REAL PROPERTY MANAGER MANAGEMENT 580 PWO&M $8,910.75 $8,999.75 $9,088.74 $9,177.74 $9,266.74 $9,355.73 $9,449.18 $9,542.62 $9,636.07 $9,729.52 $9,824.07 $9,921.97 $10,019.87 $10,117.76 $10,216.77 $10,044.52 $10,418.12 $10,520.47 $10,623.93 $10,727.39 $10,830.84
10259 RECORDS MANAGEMENT SPECIALIST (U)CONFIDENTIAL 460 CITY CLERK $4,897.02 $4,945.97 $4,994.92 $5,043.86 $5,092.81 $5,141.76 $5,194.04 $5,245.22 $5,296.39 $5,347.56 $5,399.85 $5,453.25 $5,507.76 $5,561.15 $5,615.66 $5,669.06 $5,725.80 $5,782.53 $5,839.27 $5,896.00 $5,952.74
00222 RECREATION AIDE (PT)NA 368 PR&CS $2,782.00 $2,810.00 $2,838.00 $2,866.00 $2,894.00 $2,921.00 $2,951.00 $2,980.00 $3,009.00 $3,038.00 $3,068.00 $3,098.00 $3,129.00 $3,160.00 $3,190.00 $3,221.00 $3,253.00 $3,285.00 $3,318.00 $3,350.00 $3,382.00
00244 RECREATION LEADER (PT)NA 375 PR&CS $2,881.00 $2,910.00 $2,939.00 $2,968.00 $2,996.00 $3,025.00 $3,055.00 $3,086.00 $3,116.00 $3,146.00 $3,176.00 $3,208.00 $3,240.00 $3,272.00 $3,304.00 $3,335.00 $3,369.00 $3,402.00 $3,435.00 $3,469.00 $3,502.00
00230 RECREATION SPECIALIST (PT)NA 400 PR&CS $3,264.00 $3,296.00 $3,329.00 $3,362.00 $3,394.00 $3,427.00 $3,461.00 $3,496.00 $3,530.00 $3,564.00 $3,598.00 $3,634.00 $3,670.00 $3,706.00 $3,742.00 $3,778.00 $3,816.00 $3,854.00 $3,892.00 $3,929.00 $3,967.00
00256 RECREATION SUPERVISOR (AQUATICS) (PT)NA 481 PR&CS $4,888.00 $4,937.00 $4,986.00 $5,035.00 $5,084.00 $5,133.00 $5,184.00 $5,235.00 $5,287.00 $5,338.00 $5,389.00 $5,443.00 $5,497.00 $5,551.00 $5,605.00 $5,659.00 $5,716.00 $5,772.00 $5,829.00 $5,885.00 $5,942.00
30825 RECREATION THERAPIST GENERAL 468 PR&CS $5,229.66 $5,282.18 $5,334.69 $5,387.20 $5,439.72 $5,492.23 $5,547.03 $5,601.83 $5,656.62 $5,711.42 $5,766.22 $5,824.44 $5,864.39 $5,939.74 $5,996.82 $6,055.04 $6,115.55 $6,176.05 $6,236.55 $6,297.06 $6,357.56
30115 REGISTERED VETERINARY TECHNICIAN GENERAL 450 AS $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
10690 RISK DIVISION MANAGER (U)MANAGEMENT 590 HR&RM $9,365.74 $9,459.19 $9,553.75 $9,647.19 $9,740.64 $9,834.09 $9,931.98 $10,030.99 $10,128.89 $10,227.90 $10,325.79 $10,429.25 $10,532.71 $10,636.17 $10,738.51 $10,557.96 $10,950.99 $11,058.90 $11,167.92 $11,275.83 $11,384.85
10538 SAFETY OFFICER CONFIDENTIAL 530 HR&RM $6,943.93 $7,012.91 $7,082.99 $7,151.96 $7,220.93 $7,291.02 $7,363.33 $7,436.75 $7,509.06 $7,582.48 $7,654.79 $7,731.55 $7,808.31 $7,885.07 $7,961.83 $8,038.59 $8,118.68 $8,198.78 $8,278.88 $8,360.09 $8,440.18
00266 SECURITY OFFICER I (PT)NA 378 PWO&M $2,925.00 $2,954.00 $2,983.00 $3,012.00 $3,042.00 $3,071.00 $3,102.00 $3,132.00 $3,163.00 $3,194.00 $3,224.00 $3,257.00 $3,289.00 $3,321.00 $3,353.00 $3,386.00 $3,419.00 $3,453.00 $3,487.00 $3,521.00 $3,555.00
00265 SECURITY OFFICER II (PT)NA 402 PWO&M $3,296.00 $3,329.00 $3,362.00 $3,395.00 $3,428.00 $3,461.00 $3,496.00 $3,531.00 $3,565.00 $3,600.00 $3,634.00 $3,671.00 $3,707.00 $3,743.00 $3,780.00 $3,816.00 $3,854.00 $3,892.00 $3,931.00 $3,969.00 $4,007.00
10511 SENIOR ADMINISTRATIVE ANALYST (U)CONFIDENTIAL 576 VARIOUS $8,733.87 $8,821.75 $8,908.53 $8,996.41 $9,083.18 $9,171.06 $9,262.29 $9,354.62 $9,445.84 $9,538.17 $9,629.40 $9,726.18 $9,821.85 $9,918.63 $10,014.30 $10,111.09 $10,212.32 $10,313.55 $10,414.79 $10,514.91 $10,616.14
30708 SENIOR ADMINISTRATIVE ASSISTANT GENERAL 420 VARIOUS $4,116.61 $4,157.70 $4,198.80 $4,239.90 $4,281.00 $4,322.09 $4,365.47 $4,408.85 $4,452.24 $4,495.62 $4,539.00 $4,584.66 $4,615.70 $4,674.85 $4,720.51 $4,766.18 $4,812.98 $4,860.93 $4,908.88 $4,956.82 $5,003.63
30229 SENIOR ANIMAL SERVICES REPRESENTATIVE GENERAL 390 AS $3,544.66 $3,580.05 $3,615.44 $3,650.83 $3,686.22 $3,721.61 $3,759.28 $3,795.82 $3,833.49 $3,871.16 $3,907.69 $3,946.51 $3,974.85 $4,025.28 $4,064.09 $4,102.91 $4,144.00 $4,185.10 $4,226.20 $4,267.30 $4,308.39
30410 SENIOR ARBORIST GENERAL 502 PWO&M $6,196.60 $6,258.24 $6,321.03 $6,382.68 $6,444.33 $6,507.11 $6,572.18 $6,637.26 $6,702.33 $6,767.40 $6,832.47 $6,899.82 $6,948.02 $7,036.82 $7,105.31 $7,173.81 $7,245.73 $7,316.51 $7,388.43 $7,460.35 $7,532.27
10154 SENIOR CIVIL ENGINEER MANAGEMENT 581 PWO&M $8,955.25 $9,044.25 $9,134.35 $9,223.35 $9,313.46 $9,402.45 $9,497.01 $9,590.46 $9,685.02 $9,778.46 $9,873.02 $9,970.92 $10,069.93 $10,168.94 $10,267.94 $10,094.35 $10,470.41 $10,573.87 $10,677.33 $10,780.78 $10,884.24
30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE GENERAL 435 VARIOUS $4,436.25 $4,480.78 $4,525.30 $4,569.82 $4,614.34 $4,658.86 $4,704.53 $4,751.33 $4,798.14 $4,844.95 $4,891.75 $4,939.70 $4,974.26 $5,037.88 $5,086.96 $5,136.05 $5,187.43 $5,238.80 $5,290.17 $5,341.54 $5,392.91
30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)GENERAL 445 VARIOUS $4,663.43 $4,710.24 $4,757.04 $4,803.85 $4,849.51 $4,896.32 $4,945.41 $4,994.49 $5,043.58 $5,092.67 $5,141.76 $5,193.13 $5,229.23 $5,295.88 $5,347.25 $5,398.62 $5,452.28 $5,505.93 $5,560.73 $5,614.38 $5,668.04
30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)GENERAL 445 VARIOUS $4,663.43 $4,710.24 $4,757.04 $4,803.85 $4,849.51 $4,896.32 $4,945.41 $4,994.49 $5,043.58 $5,092.67 $5,141.76 $5,193.13 $5,229.23 $5,295.88 $5,347.25 $5,398.62 $5,452.28 $5,505.93 $5,560.73 $5,614.38 $5,668.04
10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)CONFIDENTIAL 435 VARIOUS $4,322.99 $4,366.38 $4,409.76 $4,453.15 $4,496.54 $4,539.92 $4,584.42 $4,630.03 $4,675.64 $4,721.25 $4,766.86 $4,813.59 $4,861.42 $4,909.26 $4,957.09 $5,004.93 $5,054.99 $5,105.05 $5,155.11 $5,205.17 $5,255.23
10632 SENIOR GIS ANALYST CONFIDENTIAL 530 IT $6,943.93 $7,012.91 $7,082.99 $7,151.96 $7,220.93 $7,291.02 $7,363.33 $7,436.75 $7,509.06 $7,582.48 $7,654.79 $7,731.55 $7,808.31 $7,885.07 $7,961.83 $8,038.59 $8,118.68 $8,198.78 $8,278.88 $8,360.09 $8,440.18
10656 SENIOR HUMAN RESOURCES TECHNICIAN CONFIDENTIAL 461 HR&RM $4,921.49 $4,971.55 $5,020.50 $5,069.45 $5,118.40 $5,168.46 $5,219.63 $5,270.80 $5,323.09 $5,374.26 $5,426.55 $5,481.06 $5,534.45 $5,588.97 $5,643.48 $5,697.99 $5,754.72 $5,811.46 $5,868.19 $5,926.04 $5,982.77
10622 SENIOR INFORMATION TECHNOLOGY ANALYST CONFIDENTIAL 553 IT $7,787.17 $7,865.04 $7,942.92 $8,020.79 $8,098.66 $8,176.53 $8,258.85 $8,340.06 $8,422.38 $8,503.59 $8,585.91 $8,671.57 $8,757.23 $8,842.89 $8,929.66 $9,015.32 $9,105.43 $9,195.54 $9,285.65 $9,375.76 $9,465.86
10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN CONFIDENTIAL 488 IT $5,631.24 $5,687.97 $5,743.60 $5,800.33 $5,857.07 $5,912.69 $5,971.65 $6,030.61 $6,090.68 $6,149.64 $6,208.60 $6,270.90 $6,333.20 $6,394.38 $6,456.68 $6,518.98 $6,584.61 $6,649.13 $6,714.77 $6,779.29 $6,844.92
00283 SENIOR LIFEGUARD (PT)NA 396 PR&CS $3,199.00 $3,231.00 $3,263.00 $3,295.00 $3,327.00 $3,359.00 $3,393.00 $3,426.00 $3,460.00 $3,494.00 $3,527.00 $3,562.00 $3,598.00 $3,633.00 $3,668.00 $3,704.00 $3,741.00 $3,778.00 $3,815.00 $3,852.00 $3,889.00
10513 SENIOR MANAGEMENT ANALYST MANAGEMENT 556 VARIOUS $7,905.09 $7,984.08 $8,063.06 $8,142.05 $8,221.03 $8,300.01 $8,383.45 $8,465.77 $8,549.20 $8,632.64 $8,714.96 $8,802.84 $8,889.61 $8,976.39 $9,064.27 $8,911.49 $9,242.26 $9,334.60 $9,425.82 $9,517.04 $9,608.26
10514 SENIOR MANAGEMENT ANALYST (U)MANAGEMENT 556 VARIOUS $7,905.09 $7,984.08 $8,063.06 $8,142.05 $8,221.03 $8,300.01 $8,383.45 $8,465.77 $8,549.20 $8,632.64 $8,714.96 $8,802.84 $8,889.61 $8,976.39 $9,064.27 $8,911.49 $9,242.26 $9,334.60 $9,425.82 $9,517.04 $9,608.26
10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR CONFIDENTIAL 592 IT $9,460.30 $9,554.86 $9,649.42 $9,743.98 $9,838.54 $9,933.10 $10,032.10 $10,131.11 $10,231.23 $10,330.24 $10,429.25 $10,533.82 $10,638.39 $10,741.85 $10,846.42 $10,950.99 $11,060.01 $11,170.14 $11,279.16 $11,389.30 $11,498.32
30710 SENIOR OFFICE ASSISTANT GENERAL 375 VARIOUS $3,288.95 $3,322.05 $3,355.16 $3,388.27 $3,420.23 $3,453.34 $3,487.58 $3,522.97 $3,557.22 $3,591.47 $3,625.72 $3,662.25 $3,688.01 $3,735.31 $3,771.84 $3,807.23 $3,846.05 $3,883.72 $3,921.39 $3,960.21 $3,997.88
33710 SENIOR OFFICE ASSISTANT - POLICE POLICE GENERAL 375 VARIOUS $3,288.95 $3,455.81 $3,355.16 $3,388.27 $3,420.23 $3,453.34 $3,487.58 $3,522.97 $3,557.22 $3,591.47 $3,625.72 $3,662.25 $3,698.78 $3,735.31 $3,771.84 $3,807.23 $3,846.05 $3,883.72 $3,921.39 $3,960.21 $3,997.88
10223 SENIOR OFFICE ASSISTANT (U)CONFIDENTIAL 375 VARIOUS $3,204.98 $3,237.24 $3,269.50 $3,301.76 $3,332.91 $3,365.17 $3,398.54 $3,433.03 $3,466.40 $3,499.78 $3,533.15 $3,568.75 $3,604.35 $3,639.95 $3,675.55 $3,710.03 $3,747.86 $3,784.57 $3,821.28 $3,859.10 $3,895.81
20243 SENIOR PLANNER MIDDLE MANAGEMENT 567 CD&H $8,562.64 $8,648.19 $8,733.74 $8,819.28 $8,904.83 $8,990.38 $9,080.48 $9,170.59 $9,259.56 $9,349.67 $9,439.78 $9,534.45 $9,629.12 $9,722.65 $9,817.33 $9,912.00 $10,011.23 $10,110.47 $10,209.70 $10,308.93 $10,407.03
00294 SENIOR RECREATION LEADER (PT)NA 382 PR&CS $2,984.00 $3,013.00 $3,043.00 $3,073.00 $3,103.00 $3,133.00 $3,164.00 $3,195.00 $3,227.00 $3,258.00 $3,289.00 $3,322.00 $3,355.00 $3,388.00 $3,421.00 $3,454.00 $3,488.00 $3,523.00 $3,557.00 $3,592.00 $3,627.00
10300 SHELTER VETERINARIAN MANAGEMENT 644 AS $12,260.35 $12,383.83 $12,506.20 $12,628.57 $12,750.94 $12,873.31 $13,002.35 $13,131.40 $13,260.44 $13,388.38 $13,517.42 $13,653.14 $13,787.75 $13,923.47 $14,058.07 $13,821.66 $14,335.07 $14,477.47 $14,618.75 $14,761.14 $14,903.54
30978 SOLID WASTE FIELD INSPECTOR GENERAL 450 PWO&M $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
20995 STATION MANAGER MIDDLE MANAGEMENT 490 CM $5,832.00 $5,890.17 $5,948.34 $6,006.51 $6,064.68 $6,122.85 $6,184.45 $6,246.04 $6,306.49 $6,368.09 $6,429.68 $6,493.56 $6,558.57 $6,622.45 $6,686.32 $6,751.34 $6,818.63 $6,885.93 $6,953.23 $7,020.52 $7,088.96
00019 STUDENT INTERN (PT)NA 368 VARIOUS $2,782.00 $2,810.00 $2,838.00 $2,866.00 $2,894.00 $2,921.00 $2,951.00 $2,980.00 $3,009.00 $3,038.00 $3,068.00 $3,098.00 $3,129.00 $3,160.00 $3,190.00 $3,221.00 $3,253.00 $3,285.00 $3,318.00 $3,350.00 $3,382.00
10689 SUPERVISING HUMAN RESOURCES ANALYST CONFIDENTIAL 559 HR&RM $8,024.13 $8,104.22 $8,184.32 $8,264.42 $8,345.62 $8,425.72 $8,509.16 $8,593.70 $8,678.25 $8,762.79 $8,846.23 $8,935.22 $9,023.11 $9,112.10 $9,199.99 $9,288.98 $9,381.32 $9,474.76 $9,567.10 $9,660.54 $9,752.88
20336 TECHNOLOGY LIBRARIAN MIDDLE MANAGEMENT 502 LIBRARY $6,191.29 $6,252.88 $6,315.62 $6,377.21 $6,438.81 $6,501.54 $6,566.56 $6,631.57 $6,696.59 $6,761.60 $6,826.62 $6,893.91 $6,962.35 $7,030.79 $7,099.23 $7,167.66 $7,239.52 $7,310.24 $7,382.10 $7,453.96 $7,525.82
10443 TRAFFIC ENGINEER MANAGEMENT 573 PWO&M $8,604.83 $8,690.48 $8,776.14 $8,862.92 $8,948.57 $9,034.23 $9,125.45 $9,215.56 $9,305.67 $9,395.78 $9,487.00 $9,581.56 $9,676.12 $9,770.68 $9,866.35 $9,700.06 $10,059.91 $10,160.04 $10,260.16 $10,359.16 $10,459.29
20437 TRAFFIC ENGINEERING ASSOCIATE MIDDLE MANAGEMENT 532 PWO&M $7,190.48 $7,262.33 $7,334.19 $7,406.05 $7,477.91 $7,549.77 $7,626.19 $7,701.47 $7,776.75 $7,852.04 $7,927.32 $8,007.16 $8,085.86 $8,165.71 $8,244.41 $8,324.25 $8,407.52 $8,490.78 $8,574.05 $8,657.31 $8,740.58
20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST MIDDLE MANAGEMENT 552 PWO&M $7,945.57 $8,024.27 $8,104.11 $8,183.96 $8,262.66 $8,342.50 $8,425.77 $8,509.03 $8,592.30 $8,675.56 $8,759.97 $8,846.66 $8,934.49 $9,022.31 $9,110.14 $9,197.97 $9,289.22 $9,381.61 $9,472.86 $9,565.25 $9,657.64
20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR MIDDLE MANAGEMENT 533 PWO&M $7,226.98 $7,298.83 $7,371.83 $7,443.69 $7,515.55 $7,588.55 $7,663.83 $7,740.25 $7,815.54 $7,891.96 $7,967.24 $8,047.08 $8,126.93 $8,206.77 $8,286.61 $8,365.32 $8,449.72 $8,532.99 $8,616.25 $8,700.66 $8,783.92
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)GENERAL 450 PWO&M $4,781.02 $4,828.96 $4,876.91 $4,924.86 $4,972.80 $5,020.75 $5,070.98 $5,120.07 $5,170.30 $5,220.53 $5,270.76 $5,324.42 $5,361.27 $5,429.44 $5,481.96 $5,534.47 $5,590.41 $5,645.21 $5,701.14 $5,755.94 $5,811.88
30448 TRAFFIC SIGNAL TECHNICIAN II GENERAL 484 PWO&M $5,664.61 $5,721.69 $5,777.63 $5,834.71 $5,891.79 $5,947.73 $6,007.09 $6,066.46 $6,125.82 $6,186.32 $6,245.69 $6,307.33 $6,351.57 $6,432.91 $6,495.70 $6,557.34 $6,623.56 $6,688.63 $6,754.84 $6,819.91 $6,884.98
30449 TRAFFIC SIGNAL TECHNICIAN III GENERAL 513 PWO&M $6,545.93 $6,612.14 $6,677.21 $6,742.28 $6,808.50 $6,873.57 $6,942.06 $7,010.56 $7,080.20 $7,148.69 $7,217.19 $7,289.11 $7,339.59 $7,434.09 $7,506.01 $7,577.93 $7,654.42 $7,729.77 $7,805.11 $7,881.60 $7,956.94
30667 TREASURY ASSISTANT GENERAL 399 F&MS $3,707.91 $3,744.44 $3,780.98 $3,818.65 $3,855.18 $3,892.85 $3,931.67 $3,970.48 $4,009.30 $4,048.11 $4,086.92 $4,128.02 $4,156.98 $4,210.22 $4,251.31 $4,291.27 $4,334.65 $4,378.03 $4,420.27 $4,463.65 $4,505.89
10740 TREASURY MANAGER MANAGEMENT 598 F&MS $9,747.32 $9,844.10 $9,941.99 $10,039.89 $10,136.67 $10,234.57 $10,336.92 $10,439.26 $10,541.61 $10,643.95 $10,746.30 $10,854.21 $10,961.00 $11,068.91 $11,175.71 $10,987.99 $11,395.97 $11,509.44 $11,621.80 $11,735.27 $11,847.63
20666 TREASURY SUPERVISOR MIDDLE MANAGEMENT 502 F&MS $6,191.29 $6,252.88 $6,315.62 $6,377.21 $6,438.81 $6,501.54 $6,566.56 $6,631.57 $6,696.59 $6,761.60 $6,826.62 $6,893.91 $6,962.35 $7,030.79 $7,099.23 $7,167.66 $7,239.52 $7,310.24 $7,382.10 $7,453.96 $7,525.82
30125 VETERINARY ASSISTANT GENERAL 400 AS $3,726.18 $3,762.71 $3,800.38 $3,838.06 $3,874.59 $3,912.26 $3,951.07 $3,991.03 $4,029.84 $4,068.66 $4,107.47 $4,148.57 $4,177.46 $4,230.77 $4,271.86 $4,312.96 $4,356.34 $4,399.72 $4,443.10 $4,485.34 $4,528.72
30620 VOLUNTEER COORDINATOR GENERAL 358 VARIOUS $3,021.81 $3,051.49 $3,082.32 $3,112.00 $3,142.82 $3,172.50 $3,204.47 $3,236.43 $3,268.40 $3,299.22 $3,331.19 $3,364.29 $3,388.64 $3,431.65 $3,464.75 $3,497.86 $3,533.25 $3,567.50 $3,602.89 $3,638.28 $3,672.52
30000 WEED ABATEMENT COORDINATOR GENERAL 462 CD&H $5,075.55 $5,126.92 $5,177.15 $5,228.52 $5,278.75 $5,330.13 $5,382.64 $5,436.29 $5,489.95 $5,542.46 $5,596.12 $5,652.06 $5,691.37 $5,763.93 $5,819.87 $5,875.81 $5,935.17 $5,993.39 $6,052.76 $6,110.98 $6,170.34
Packet Page. 1263
Range Classification First 6 Months
Service
Following 18
Months
Third Year
Service
Fourth Year
Service
Fifth &
Subsequent
Years Service
P-1 Police Officer 7,736.00 8,384.56 9,034.24 9,682.79 10,331.35
P-2 Detective/Corporal 8,983.07 9,682.79 10,382.52 11,081.16 11,780.88
P-3 Sergeant 10,165.61 10,952.10 11,738.61 12,526.23 13,312.72
P-4 Lieutenant --------17,096.33
P-5 Captain --------20,120.63
P-6 Assistant Chief --------24,632.73
SAN BERNARDINO POLICE DEPARTMENT SALARY RANGE TABLE
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Department:City Manager’s Office
Subject:Adopt Resolution Establishing the Homeless
Initiatives Ad Hoc Sub-Committee (All Wards)
Recommendation:
Adopt Resolution No. 2024-141 of the Mayor and City Council of the City of San
Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub-Committee.
Executive Summary
The Homeless Initiatives Ad Hoc Sub-Committee would be a committee composed of
less than a quorum of council members and would meet as needed between June 5,
2024, and May 31, 2025. The purpose of the ad hoc sub-committee will be to review
and advise staff on policy, program, and project proposals specifically related to the
City’s short-term and long-term homeless strategies. This will assist staff in developing
future recommendations for addressing the City’s homeless crisis, helping to ensure
they are fully vetted and better aligned with Council’s direction.
Background
Chapter 2.76 of the San Bernardino Municipal Code and Section 600 of the City
Charter allow the Mayor and City Council to establish sub-committees. These sub-
committees must be comprised of less than a majority of Council members, and the
sub committees have the power to study, research, and make appropriate
recommendations to the Mayor and City Council concerning any matter referred to
such committee by the Mayor and City Council.
The power to appoint Council members to sub-committees is established in Section
303 of the City Charter, where it is a power and duty of the Mayor. Specifically, Section
303 (d) of the City Charter states:
Appoint the members and officers of Council committees
(committees made up wholly of less than a majority of City Council
members), and perform other duties as specified by the Council.
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The Mayor’s appointment power to sub-committees is also affirmed in Section 2.76.040
of the San Bernardino Municipal Code, whereby the Mayor shall also have the
responsibility to designate a chairperson of the sub-committee:
It shall be the responsibility and duty of the Mayor to assign City
Council Members to all standing committees and ad hoc sub-
committees of the City Council. It shall also be the responsibility and
duty of the Mayor to designate chairpersons of all standing sub-
committees and ad hoc sub-committees of the City Council.
Discussion
On April 10, 2024, staff presented the Mayor and City Council with an update on the
City’s short-term and long-term strategies for addressing the City’s homeless crisis. To
ensure that the policies, programs, and projects related to these strategies are properly
aligned with Council direction, it is recommended that a Homeless Initiatives Ad Hoc
Sub-Committee is established. The proposed Ad Hoc Sub-Committee will review the
issues and proposals that are directly related to the implementation of the City’s short-
term and long-term homeless strategies and will assist staff in developing
recommendations that are to be brought forward for the full consideration of the entire
Mayor and City Council. To function as a true “ad hoc” sub-committee, and not a
standing committee subject to the Brown Act, the Homeless Initiatives Ad Hoc Sub-
Committee would be comprised solely of less than a quorum of council members, have
a limited purpose, and have a limited duration. Additionally, the proposed ad hoc sub-
committee would be advisory only; the Mayor and City Council cannot delegate any
decision-making authority to the sub-committee.
As proposed, the Homeless Initiatives Ad Hoc Sub-Committee would be composed of
up to three (3) Council members. The Homeless Initiatives Ad Hoc Sub-Committee
would be tasked with the limited purpose of reviewing and vetting policy, program, and
project proposals related to the City’s short-term and long-term strategies for
addressing the homeless crisis. This includes, but is not limited to, the implementation
of the Motel Voucher Program and the development of emergency shelters such as the
City’s Navigation Center. The establishment of the Homeless Ad Hoc Sub-Committee
would have a set duration, where it would meet as needed between June 5, 2024, and
May 31, 2025, at which time it will automatically dissolve.
2021-2025 Strategic Targets and Goals
Establishing the Homeless Ad Hoc Sub-Committee relates to Key Target No 1a:
Establish clear policy direction and predictable organization structures, and Key Target
No 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact associated with establishing the Homeless Ad Hoc Sub-
Committee.
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Conclusion
Adopt Resolution No. 2024-141 of the Mayor and City Council of the City of San
Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub-Committee.
Attachments
Attachment 1 – Resolution No. 2024-141
Attachment 2 – Section 303 of the City Charter
Attachment 3 – Section 600 of the City Charter
Attachment 4 – Chapter 2.76 of the Municipal Code
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-141
Resolution 2024-141
June 5, 2024
Page 1 of 3
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RESOLUTION NO. 2024-141
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABLISHING THE HOMELESS INITIATIVES AD HOC
SUB-COMMITTEE
WHEREAS, under Section 600 of the City Charter and Chapter 2.76 of the San Bernardino
Municipal Code, the Mayor and City Council may establish sub-committees to study, research, and
make appropriate recommendations to the Mayor and City Council concerning any matter referred
by the Mayor and City Council; and
WHEREAS, Section 303(d) of the City Charter states that the Mayor is to appoint the
members and officers of Council committees made up of less than a majority of the City Council
members; and
WHEREAS, on February 1, 2023, the Mayor and City Council declared a Homelessness
State of Emergency; and
WHEREAS, on April 10, 2024, the Mayor and City Council held a study session where
staff presented an update on the City’s short-term and long-term strategies for addressing the City’s
homeless crisis; and
WHEREAS, the Mayor and City Council now wish to establish an Ad Hoc Sub-
Committee to meet as needed until May 31, 2025, to study, research, and make appropriate
recommendations to the Mayor and City Council concerning the City’s homeless initiatives.
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 Homeless Initiatives Ad Hoc Sub-Committee is hereby established to
meet as needed with the limited purpose of reviewing and vetting policy, program, and project
proposals related to the City’s short-term and long-term strategies for addressing the homeless
crisis. The Homeless Initiatives Ad Hoc Sub-Committee shall be composed of no more than three
(3) City Council members, to be appointed by the Mayor in accordance with Section 303 (d) of
the City Charter. The Homeless Initiatives Ad Hoc Sub-Committee may meet as needed between
June 5, 2024, and May 31, 2025, at which time it will automatically dissolve.
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
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Resolution No. 2024-141
Resolution 2024-141
June 5, 2024
Page 2 of 3
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the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 5th day of June, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-141
Resolution 2024-141
June 5, 2024
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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. 2024-141, adopted at a regular meeting held on the 5th day of June 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. 1270
Section 303. Powers and Duties of the Mayor
The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this
Charter:
(a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to
vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter;
(b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council;
(c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their
compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up
wholly of less than a majority of City Council members;
(d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City
Council members), and perform other duties as specified by the Council;
(e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of
military law;
(f) Be the chief spokesperson for the City; and
(g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership
roles to advance the City's interest; and may delegate such roles to other members of the Council; and
(h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the
City Council.
The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter.
The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or
occupational activities that interfere with the discharge of the duties of the office.
Packet Page. 1271
Section 600. General Provisions
Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the
powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure,
membership, powers and duties of boards, commissions and committees. The Council also may abolish or create particular
boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically
provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are
consistent with the provisions of this Charter.
Packet Page. 1272
Chapter 2.76
COUNCIL COMMITTEES
Sections:
2.76.010 Powers of City Council Sub-Committees
2.76.020 Notice of meetings
2.76.030 Information from City personnel
2.76.040 Assignment of Sub-Committee Members and Designation of Sub-Committee Chairpersons
2.76.010 Powers of City Council Sub-Committees
Any committee appointed by the Mayor from among the City Council membership shall have power to study, research and
make appropriate recommendations to the Mayor and City Council concerning any matter referred to such committee by the
Mayor and City Council. The scope and function of any such Council Sub-Committee shall be as directed by the Mayor and
City Council, which shall provide specific direction as to the purposes and actions of the Council Sub-Committee.
(Ord. MC-1455, 2-07-18; Ord. MC-362, 4-17-84; Ord. MC-345, 3-07-84)
2.76.020 Notice of meetings
Each City Council Sub-Committee shall give reasonable notice of time and place of its meetings and shall provide a copy of
its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as
it may deem advisable.
(Ord. MC-1455, 2-07-18; Ord. MC-362, 4-17-84; Ord. MC-345, 3-07-84)
2.76.030 Information from City personnel
Upon the referral of any matter by the Mayor and City Council, such City Council Sub-Committee, whether standing,
permanent or temporary, shall have power to request, upon giving reasonable notice, the City Manager to provide or cause
to be provided to the Sub-Committee such data reasonably required by the City Council Sub-Committee to carry out its
direction.
(Ord. MC-1455, 2-07-18; Ord. MC-362, 4-17-84; Ord. MC-345, 3-07-84)
2.76.040 Assignment of Sub-Committee Members and Designation of Sub- Committee Chairpersons
It shall be the responsibility and duty of the Mayor to assign City Council Members to all standing committees and ad hoc
sub-committees of the City Council. It shall also be the responsibility and duty of the Mayor to designate chairpersons of all
standing sub- committees and ad hoc sub-committees of the City Council.
(Ord. MC-1455, 2-07-18; Ord. MC-1289, 11-04-08)
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:June 5, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Joshua Dramitinos, Deputy Director of Economic Development
Department:Economic Development
Subject:Façade Improvement Grant Program: “Paintbrush
Program" (All Wards)
Recommendation:
Receive as filed and provide staff direction with program implementation.
Executive Summary
This item is the presentation of the American Rescue Plan Act-Funded Facade
Improvement Grant Program, otherwise known as "the Paintbrush Program.” The
program will allocate $1,250,000 towards grants ranging from $10,000 to $20,000 to
assist small businesses with façade, or exterior improvements to their business. The
recommendation to the Mayor and City Council is to receive the item as filed and provide
staff direction regarding the implementation of the program.
Background
The City of San Bernardino was awarded $77 million under the American Rescue Plan
Act (ARPA). The City received $38.5 million in May 2021, with the remainder of the funds
received in 2022. Treasury issued the final ARPA guidance for the use of the funds on
January 6, 2022, providing clarification on allowable investments, but generally not
expanding the list of eligible projects and programs. The City is working within the
guidance, focusing on investments in Qualified Census Tracts (QCTs) and other priority
investments.
Within the allowable investments includes assistance for small businesses that can
demonstrate a negative impact from COVID-19. In October 2021, Council requested that
staff dedicate funds to help small businesses with City-wide clean-up efforts and develop
a facade improvement program, referred to as the “Paintbrush Program.” At the October
20, 2021, Council Meeting, Council unanimously approved Resolution No. 2021-247
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allocating $2,000,000, for graffiti abatement, clean-up efforts, and the Paintbrush
Program.
Rehabilitation of commercial properties, storefront improvements, and façade
improvements for disproportionately impacted small businesses is specifically allowed
under the ARPA Treasury guidelines. According to the guidelines, “disproportionately
impacted small business” is a restricted designation attributed to small businesses
operating in Qualified Census Tracts. Council may develop a more restrictive, but not less
restrictive, definition for the program. Treasury guidelines can be viewed in Attachment
2.
Of the funds allocated per Resolution No. 2021-247, $1,250,000 is currently allocated to
the Paintbrush Program.
Discussion
Using Council’s October 20, 2021, direction, staff developed a Façade Improvement
Program benchmarking best practices from local agencies across the state and country
for the benefit of San Bernardino-based businesses. Staff crafted a framework for grant
assistance to businesses that were negatively impacted by COVID-19 or are qualified as
an “underserved small business group.” In collaboration with the Inland Empire Small
Business Development Center (SBDC), the program requires applicants to participate in
free one-on-one business consultations offered by the SBDC. There is no administrative
fee, or any other cost associated with SBDC’s partnership. Attached is the “City of San
Bernardino Facade Improvement Grant Program “Paintbrush Program” Guidelines,”
(Attachment 1).
Purpose
The purpose of this Grant Program is to enhance economic opportunities within the small
business community and to encourage additional investment in the City’s commercial
corridors. The Program will help create a pedestrian-friendly, aesthetically pleasing
environment for residents, visitors, and tourists, and may also create substantial
economic benefits for merchants and property owners as a result of increased interest
and activity. The investment will increase the competitive advantage of operating a
business in the city of San Bernardino.
Program goals include:
•Facilitate commercial revitalization.
•Stimulate private investment and customer patronage.
•Generate shopping opportunities and create a pleasant walking environment by
improving the visual aesthetics of commercial building façades.
Guideline Overview
Eligible applicants are property owners or tenants with an active business license located
in leased or owned commercial properties within a designated main commercial corridor
within a Qualified Census Tract (QCT) throughout the City of San Bernardino or in the
Downtown Core as defined by the map in Attachment 4.
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A (tenant) that is not the property owner must show evidence of the right to alter the
property, or consent from the property owner. Evidence is accepted in the form of a letter
from the property owner along with a signed and notarized Owner Authorization Form.
Property owned by City employees, elected and appointed officials, and/or operated by
non-taxable agencies, cannabis businesses, and any unpermitted businesses are not
eligible to participate in this program.
Completion of the mandatory consultation and completed submission of requested
documentation constitutes the applicant’s priority in being selected to receive funding.
Applicants will be added to the first-come, first-serve queue when all requirements are
completed, including consultation and document submission and review.
Award Amount
ELIGIBLE BUSINESS
GRANT AWARD
AVAILABLE PER
BUSINESS
Open for business prior to March 13, 2020, and still in
business. $20,000
Open for business starting March 14, 2020, through May
11, 2023, to present, and open with appropriate permits
(if opened after May 11, 2023, business is ineligible).
$10,000
Improvements eligible to be made with program funds must enhance or restore the
physical condition or appearance of the building. Types of improvements include, but are
not limited to:
•Exterior Signs (installation of new or repair or replacement of legally installed and
mounted signs
•Awnings, canopies, or sunshades (installation of new or repair or replacement of
fixed metal or fabric awnings)
•Painting or exterior surface treatment (stucco, tile, stone or brick replacement or
repair)
•Asphalt paving, replacement or repair of tiles or decorative pavers, sidewalk or
courtyard repaving (not in the public right-of-way)
•Repair or replacement of masonry walls or footings
•Outdoor lighting (installation of new exterior lighting fixtures; repair or replacement
of existing exterior lighting fixtures)
•Installation, repair or replacement of decorative or security fencing
•Replacement of plate glass windows, reglazing of windows or change of windows
•Replacement or refurbishment of architectural features
•Rehabilitation of historical features
•Installation or replacement of outdoor landscaping, irrigation and fountains
All improvements must be visible from the public right-of-way. All eligible businesses are
invited to apply. Businesses which have previously received alternative sources of funding
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such as the Economic Injury Disaster Loan (EIDL), Paycheck Protection Program (PPP)
Loan, State, or County of San Bernardino grants are eligible to apply. Businesses that
have received funding in Round One of the ARPA-funded grant program or will receive
funding in Round Two are ineligible to apply. An eligible business shall receive only one
source of funding from the available City ARPA-funded small business assistance grant
programs.
The program is based on the availability of funds, program guidelines and submission of
all required information and supporting documentation. Small businesses, within the
identified commercial corridors, with a maximum of five hundred (500) employees (full
and part-time) may be eligible to receive façade improvement grant funds after attending
one (1) mandatory one-on-one consulting session.
Marketing
Staff plans to market this opportunity to the eligible business community through various
methods, including:
•Digital
o Flyers, brochures, and digital media will be shared across all digital
platforms available, including Instagram, Facebook, E-Newsletters, website
articles, and more.
•Physical
o Staff will connect with business resource groups at in-person meetings to
share the opportunity and how to apply to the program. Staff will also spend
time advertising the opportunity with door-to-door outreach.
•Mail
o Staff will use mail efforts to notify eligible businesses of the opportunity and
provide information on how to learn more.
2021-2025 Strategic Targets and Goals
The use of the American Rescue Plan Funds as outlined aligns with Key Target No.
3. Improved Quality of Life by investing in projects and services that positively impact
health, access to shelter and services, and improve the outdoor and built environment in
the San Bernardino community; and Key Target No. 4. Economic Growth and
Development by investing in economic development of local San Bernardino-based
businesses.
Fiscal Impact
There is no General Fund impact associated with this item. To date, the remaining
American Rescue Plan (ARPA) budget for this initiative, per Resolution No. 2021-247, is
$1,827,698.68.
Conclusion
Receive as filed and provide staff direction with program implementation.
Attachments
Attachment 1 City of San Bernardino Façade Improvement Grant Program
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Guidelines
Attachment 2 US Treasury ARPA Guidelines
Attachment 3 City of San Bernardino Façade Improvement Grant Program
PowerPoint
Attachment 4 City of San Bernardino Façade Improvement Grant
Program Map
Ward:
All Wards
Synopsis of Previous Council Actions:
August 4, 2021 Mayor and Council received a report and discussed the allocation
of American Rescue Plan funds.
October 20, 2021 Mayor and Council committed American Rescue Plan funds to
eligible projects and programs and amended the 2021/22 Budget
by $7,160,000. Resolution 2021-247.
June 30, 2023 Mayor and Council received an update on the Façade Improvement
Program, or the “Paintbrush Program” as part of the Strategic
Initiatives Workshop.
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_______________________________________________________________
Purpose, Goal, and Objective of the Program
The City of San Bernardino, in its continuing efforts to support the development of small businesses, has created
the Façade Improvement Grant Program. This is a property enhancement program designed to improve the
appearance of existing businesses within the City’s commercial corridors.
The purpose of this Grant Program is to enhance economic opportunities within the small business community
and to encourage additional investment in the City’s commercial corridors. The Program will help create a
pedestrian-friendly, aesthetically pleasing environment for residents, visitors, and tourists, and may also create
substantial economic benefits for merchants and property owners as a result of increased interest and activity.
The goals of the program are to:
• Facilitate Commercial Revitalization
• Stimulate Private Investment and Customer Patronage
• Generate Shopping Opportunities and create a pleasant walking environment by improving the visual
aesthetics of commercial building façades.
Funding Availability
In May 2021, the U.S. Department of Treasury allocated funds from the American Rescue Plan Act of 2021 (ARPA)
to the City of San Bernardino for COVID-19 response, relief, and reinvestment. The City is allocating up to one
million, two hundred and fifty thousand dollars ($1,250,000) for the Façade Improvement Grant Program. These
funds are to be used to mitigate the financial hardships caused by declines in revenues due to the COVID-19 public
health emergency.
The City’s Economic Development Division will be responsible for the oversight of the Grant Program which will
include the administration and disbursement of funds that will be facilitated through the City’s Finance
Department. City Staff will be responsible for program administration, application processing, and for the review
and approval of financial and business documentation required for the disbursement of funds. City staff is
obligated to fulfill the terms and conditions relating to the disbursement of these funds as established by the City
Council, the program guidelines, and Federal, State, and local rules and regulations.
Grant Award
ELIGIBLE BUSINESS GRANT AWARD AVAILABLE PER
BUSINESS
Open for business prior to March 13, 2020, and still in business $20,000.00
Open for business between March 14, 2020 – May 11, 2023,
still in business, and open for a minimum of 6 months prior to applying $10,000.00
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Program Partner
The Small Business Development Center Network offers business consulting, training, and online courses to
entrepreneurs and business owners throughout the Orange, Riverside, and San Bernardino counties at no cost.
The SBDC Network strives to provide solutions and opportunities for all small businesses to become successful.
Business Consulting with the Small Business Development Center (SBDC) is aimed at assisting small businesses
with elevating their organizations to the next level. During the free business consultation session, business
owners will work on creating a plan that maximizes growth opportunities as they evaluate and develop their
metrics, establish benchmarks, develop teams, review financials, identify triggers, and implement strategies that
promote growth. . Trainees will learn how to mitigate the risks associated with expansion and gain literacy with
promoting proactive growth strategies within their organization.
Program Partner Structure
• Program services provided by the SBDC will be provided at no charge to the applicant
Completion of one (1) mandatory 1:1 business consultation meeting with an SBDC consultant. (the
program does not allow for the substitution of any prior consulting sessions with the SBDC.
First-come, First-serve
The City of San Bernardino anticipates that The Façade Improvement “Paintbrush” Grant Program will receive
a significant number of applications. Applications will be prioritized as follows: (1) completion of the mandatory
consultation with the SBDC, (2) receipt of the completed submission form and required supporting documents.
Applicants will not be added to the first-come, first-serve queue until all requirements have been completed.
Applicants will receive directions on how to schedule the one-on-one consultation session with the SBDC and
instructions on how to submit required documentation. It is the responsibility of the applicant to ensure that
the required steps are completed to retain eligibility for program funding.
Consultations with the SBDC and the required document submittal must be completed within thirty (30) days
of the initial application submission date, as assigned through the SBDC portal. Should an applicant not meet
application requirements within 30 days of their application submission, the applicant will be dropped from the
review process. If an applicant is dropped from the review process for not adhering to the 30-day deadline
requirement, they are eligible to submit a new application under these same guidelines.
Verification and Eligibility Determination
Applicants are required to submit the initial application and all required documentation directly to the SBDC via
the SBDC secured portal. Upon receipt of the application, the SBDC will assign a consultant to work with each
individual applicant to facilitate the completion of the process. The SBDC will verify the applicant’s
documentation in accordance with these guideline requirements. If the required documents are not submitted
in a timely manner, the applicant will be dropped from the process.
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Eligible Uses / Improvements*
Eligible improvements to be made with Program funds must enhance or restore the exterior physical condition
or appearance of the building. Types of improvements include, but are not limited to:
• Exterior Signs (installation of new or repair or replacement of legally installed and mounted signs
• Awnings, canopies or sunshades (installation of new or repair or replacement of fixed metal or fabric
awnings)
• Painting or exterior surface treatment (stucco, tile, stone or brick replacement or repair)
• Asphalt paving, replacement or repair of tiles or decorative pavers, sidewalk or courtyard repaving (not in
the public right-of-way)
• Repair or replacement of masonry walls or footings
• Outdoor lighting (installation of new exterior lighting fixtures; repair or replacement of existing exterior
lighting fixtures)
• Installation, repair or replacement of decorative or security fencing
• Replacement of plate glass windows, reglazing of windows or change of windows
• Replacement or refurbishment of architectural features
• Rehabilitation of historical features
• Installation or replacement of outdoor landscaping, irrigation and fountains
All improvements must be visible from the public right-of-way.
Uses NOT Eligible
Funds may not be used for improvements that are not considered permanent or mounted or affixed to the
building or the sidewalk (fixtures). Ineligible uses include, but are not limited to:
• Vinyl letter signage (windows)
• Portable signs, such as sandwich board or A-Frame signs; signs not mounted to the building storefronts;
• Flags or banners
• Benches and Trash Receptacles
• Tables, Chairs or Umbrellas.
Eligible Applicants
Eligible Applicants include property owners or tenants with an active and current business license located in
leased or owned commercial properties within a designated main commercial corridor within a Qualified Census
Tract (QCT) throughout the City of San Bernardino or in the Downtown Core (also a QCT) as defined by the included
map. A QCT is an area designated by the federal government based on the income and disadvantaged levels of
the community.
A tenant, that is not the property owner, must show evidence of the right to alter the property, or provide written
consent from the property owner. Written consent is accepted in the form of a letter from the property owner
along with a signed and notarized Owner Authorization Form.
Multi-Tenant Office Buildings, typically identified by common entrances, may have only one applicant (property
owner or tenant) apply for a grant per parcel. Multi-Tenant Office Buildings with common entrances shall only
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receive one grant per parcel. Corner properties within the identified commercial corridors, that do not face the
identified commercial corridor street, are subject to separate review.
Vacant building owners, having maintained an active and current business license for property rentals during the
time frame outlined within these guidelines.
City employees, elected, and appointed officials, property owned and/or operated by non-taxable agencies,
cannabis businesses and any unpermitted businesses are not eligible to participate in this program.
Recipients of any previous City of San Bernardino ARPA-funded small business or nonprofit grant are ineligible for
this program.
Properties must be open to the public, free of any Code Violations, Liens, or Judgements.
The following commercial corridors will be considered as a basis for determining eligibility to apply:*
Property owners or tenants are welcome to verify their location by using the City of San Bernardino’s Façade
Improvement Program Interactive Zoning Map: www.SBCity.org/PaintbrushProgram.
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_______________________________________________________________
Application Process
The application link will be available online at www.SBCity.org/PaintbrushProgram. Each application must be
completed in its entirety, signed, and submitted with all required documents as listed in the application, including
a grant deed, signed proof of ownership or lease agreement. Applications will be reviewed in the order in which
they were received. The City will maintain a waiting list for all prospective participants. Incomplete applications
will be rejected and not be processed.
The Façade Improvement Grant Program application includes information about the small business, the number
of employees in the business, location of the business, amount of time in business, a Spending Plan, and
demographic questions of the owner. The application and Grant Agreement will require the following
attestations:
• The business was negatively impacted by the COVID-19 pandemic.
• As of a minimum of six months prior to application, the small business, has a maximum of five hundred
(500) employees (full and part-time); and is operating within city limits.
• Certification that the business can produce financial records to show the economic losses, if requested.
• Certification that financial loss and grant amount spending records will be available for audit when
requested. The business must maintain records through December 31, 2029.
Application Period
Grant applications will be available in English and Spanish starting at 9:00am on Wednesday, June 1, 2024.
Applicants must apply for the Paintbrush Grant Program by visiting www.SBCity.org/PaintbrushProgram and
submitting the application online through the portal.
The City anticipates the number of applications will exceed the amount of funding available for disbursement. The
City will disburse the $1,250,000.00 until all funds are depleted.
Review Process
All completed applications will be date stamped when received and processed in that order. Applications will be
reviewed by the SBDC to determine application completeness and preliminary eligibility. The application must be
complete to be considered eligible.
Incomplete applications will be rejected and not be processed. A notification email will be sent to applicants
concerning the approval or denial of the Application. Eligible applicants will be contacted to enter into an
agreement with the City.
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Required Documents
The Grantee will be required to provide the following as required documents for review and verification to
receive the grant:
• Completed Application
• A copy of a valid City Business License;
• A copy of a valid business insurance policy;
• A copy of the current property tax bill showing paid1
• A copy of the business’ tax returns from 2019 – present or for all years applicable to application
• W-9 form which enables the City of San Bernardino to process and provide your grant funds;
• Planned use of funds;
• A signed City of San Bernardino Façade Improvement Grant Agreement, which includes business impact
statement and self-certification; and
• Information about the small business, including but not limited to, the number of employees,
location, demographics of owner(s), and identification of any owner(s).
• Acknowledgment and self-certification of the program requirements and documentation
should the applicant be selected to proceed in the application process.
1 Property tax bills for the subject property must be current. The property owner(s) is/are responsible for ensuring that the property taxes are current. The
City will verify that the property taxes for the property are current. If the property’s tax statement indicates a delinquency at the time of the Program
Application, the City shall not proceed with grant processing until it is supplied with a Certificate of Redemption from the San Bernardino County Tax
Assessor’s Office or other appropriate documentation of proof of payment.
In addition, applicants must self-certify:
For for-profit businesses:
The Applicant understands that it is ineligible to receive a grant under the Program if any owner of greater than
10% of the equity interest in the Applicant: (i) has within the prior three-years been convicted of or had a civil
judgment rendered against such owner, or has had commenced any form of parole or probation (including
probation before judgment), for (A) commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public
transaction, (B) violation of federal or state anti-trust or procurement statutes, or (C) commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property; or (ii) is presently indicted for or otherwise criminally or civilly charged by a government entity,
(federal, state or local) with commission of any of the offenses enumerated in subparagraph (i) above.
Although selection is not guaranteed, businesses should begin to collect the required documentation to expedite
the approval process in the event they are selected.
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Façade Improvement Grant Agreement
The agreement will outline requirements of the project applicant that will include, but are not limited to, the
following:
• Applicant must agree to clear the property of any and all items such as trash, debris, and weeds that
contribute to blight.
• Applicant's contractor must obtain and maintain general liability and workers' compensation insurance.
• Applicant shall ensure that there shall be no discrimination or harassment of any person because of the
race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source
of income, or disability of that person in the sale, lease/sublease, transfer, use, occupancy, or enjoyment
of the project;
• Applicant shall comply with all applicable laws, ordinances, and codes of the federal, state, and local
governments;
• Applicant must indemnify and hold the City of San Bernardino, and its officers, employees, and agents
free and harmless from all claims, actions, damages, and liabilities; and
• Applicant's proposed improvements must be agreed upon by the City and Property Owner.
Grant Disbursement
The application will be open on a rolling basis until all funds have been disbursed to depletion. Only one grant will
be issued per applicant, per person, per business, per entity, whichever is the lesser. A business cannot receive
funding from either the round-one or round-two small business grant from the ARPA-funded program. All grant
funds must be dispersed by the deadline given in the ARPA guidelines. From the time the award decision is
approved, and an applicant is notified, the City has ninety (90) business days to complete payment through the
designated payment method. Awardees will be expected to pick up their grant check in person. Identification
must be presented at the time of pick up to claim grant funds.
Return of Funds
In accordance with the terms and conditions of the grant awarded by the City, it is imperative that the allocated
funds be expended within the designated six-month timeframe for project completion. Failure to meet this
requirement may result in the City exercising its prerogative to request the return of the grant funds.
Program Complaint and Appeal Process
Complaints concerning the Small Business Grant Program should be made to the City of San Bernardino
Economic Development Department. If unresolved in this manner, the complaint or appeal shall be
made in writing and filed with the City Manager’s Office.
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Program Steps
Step Action By
1 Review the Program Guidelines to determine if your project is eligible.
(Staff can assist applicants with project eligibility)
Applicant &
City Staff &
Program Partner
2 Determine which Grant Amount you qualify for.
(Applicants may only qualify for one amount)
Applicant &
Program Partner
3 Submit application with the required documents Applicant
4
Application Review:
• Verify Application is complete.
• Verify the property is within a qualified Opportunity Zone Census Tract.
• Verify there are no liens or judgements on the property.
• Determine if application falls into a Program Priority Area.
Program Partner
& City Staff
5 Provide Applicant with a Preliminary approval or denial of application. Program Partner
6 Completion of one (1) mandatory 1:1 free business consultation meeting with an SBDC
consultant as part of this program.
Applicant &
Program Partner
7 Send Applicant the Façade Improvement Grant Program Agreement for execution. Program Partner
8 Applicant will have 1 week to return the agreement to SBDC. Applicant
Applicant will have 6 months from agreement execution date to complete the following steps
9
The City has ninety (90) business days to complete payment and issue grant funds.
Processing of grant funds will be concurrent to the applicant working to secure permits for
the façade improvements.
City Staff
10 Applicants will have up to 60 days to submit conceptual plans or elevations to the Paintbrush
Program Committee for review. Applicant
11 City provides notification of approval of conceptual plans along with required permits
or comments with recommended revisions. City Staff
12 If required, applicant makes changes to the elevations and resubmits as an update to the
application. Applicant
13 Submit formal plans to Building & Safety, Land Development and/or Planning for review
and plan check (if applicable per proposed work)
Applicant &
City Staff
14 Permits are obtained / Improvements &/OR Construction Begins Applicant
15 Inspections are obtained. Final sign off required for project to be deemed complete.
(if applicable per proposed work) Applicant
16 Submit Before & After Photos to Economic Development at EconDev@sbcity.org Applicant
PLEASE NOTE:
Applying does not guarantee approval. Applications will be processed on a first-come, first-serve basis, and only
those applications meeting all program objectives, including the 1:1 Consultation and design guidelines, will be
approved. All approvals will be subject to the availability of funds from the City.
Failure to meet any of the above deadlines could result in ineligibility to continue in the grant program.
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Contractor Selection
Procurement
Applicants are free to select their contractor(s). The chosen contractor must comply with the City’s requirements
for contractors. The City reserves the right to obtain additional bids/estimates to determine the validity of the
proposed project.
Contractor Requirements
The City shall maintain a file for each contractor performing work pursuant to the terms and conditions of this
program. The file shall include the following information:
• Copies of the contractor's current California Contractor's License;
• Copy of contractor’s City Business License;
• Copies of the contractor's current liability and worker’s compensation insurance policies; and
• Provide a subcontractor list as applicable.
Any contractor with an expired General Liability and/or Workers Compensation insurance or a valid state
contractor's license shall be removed from the job until he/she is able to provide proof of current insurance and/or
license. All contractors shall be required to obtain a City Business License prior to the issuance of a building permit.
Prevailing Wage
To the extent applicable to the project, all contractors and agents hired by the Owner/Tenant shall comply with
California Labor Code Section 1720 (“Prevailing Wage Laws”) and shall be responsible for carrying out the
requirements of the law. Owners/Tenants participating in the Façade Improvement Program are solely
responsible for determining whether Prevailing Wage Laws apply to the project.
Ineligible Contractors
In accordance with City guidelines, the applicant(s) shall not award any contract for work, to any contractor who
does not have a valid state contractor’s license, or who cannot produce sufficient evidence of current Worker’s
Compensation and Liability Insurance coverage.
All owners/builders*, or any member of the applicant's family or extended family, are considered ineligible,
regardless of credentials or license. Any ineligible contractor found working at the job site will be removed
immediately, without compensation.
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Permits*
All necessary planning, building, encroachment and other permits must be secured before construction is
initiated.
• Planning, Building, and Land Development Permits can be obtained from the City of San Bernardino Public
Counter located at 201B North E Street, San Bernardino, CA 92401.
• Encroachment Permits are required for any project that permanently or temporarily encroaches on the
public right of way, including temporary construction that requires workers, materials, and/or scaffolding
to be on the city sidewalk. This includes work on doors, windows, awnings, painting, signs and outdoor
eating areas. Please contact Public Works with any questions and/or to obtain an encroachment permit.
Deadline to Complete Work
All applicants will have 6 (six) months from the execution date of the agreement to complete the façade
improvements. See Program Steps on page 7 of the Program Guidelines.
If the project is near completion and requires an extension to complete, the project will be evaluated on a case-
by-case basis by staff.
City Reserves Rights
The City reserves the unqualified right, in its sole and absolute discretion at any time: (1) to amend or terminate
this program with no recourse for any proposing applicant; (2) to choose or reject any or all applications received
in response to this program; (3) to modify the application deadlines; (4) to request additional information of the
applicants as deemed necessary and appropriate by the City; (5) to conduct further due diligence with applicants
or any third party; (6) to modify the City's objectives or the scope of the program; (7) to modify program
requirements, general terms and conditions, or eligible activities; and/or (8) to disqualify any proposing applicant
on the basis of any real or perceived conflict of interest that is disclosed or revealed by materials submitted or
by any data available to the City.
City employees, elected, and appointed officials, and commercial cannabis businesses are not eligible to
participate in this program.
Equal Opportunity Policy
The City of San Bernardino and the SBDC shall not discriminate upon the basis of sex, age, race, creed, color,
religion, national origin, marital status, ancestry, or physical handicap in accepting applications and processing
program applications.
Additional Assistance
Financing Assistance
If applicant is pursuing financing for their facade improvements, the City will provide a copy of the fully executed
Facade Improvement Grant Agreement with a cover letter explaining the parameters of the program to the
applicant's lender in order to assist them in obtaining the financing.
U.S. Small Business Administration (SBA).
SBA provides support to entrepreneurs and small business owners through funding programs and resources. For
information on their programs please visit www.sba.gov.
Packet Page. 1289
City of San Bernardino
Façade Improvement “Paintbrush” Program 2024
11
Site Renderings
Visual depictions of façade improvements to be completed, typically provided in the application submittal as
either computer-generated drawings, colored hand drawings, or computer-generated overlays using Google Maps
or something similar.
Site Renderings/Conceptual Plans should be no smaller than 8.5” x 11” and no larger than 11” x 17”.
Owner/Builders
Who is considered an owner-builder?
• Any individual or group of individuals who own the property on which they plan to construct, alter, repair,
improve, or remodel a building or structure is considered an owner-builder.
What is an owner-builder?
• An owner-builder is what the term indicates: a person who owns the property and acts as their own
general contractor on the job, and either does the work themselves or has employees (or subcontractors)
working on the project.
Qualified Census Tract (QCT) Mapping:
https://properties.zoomprospector.com/california/community/San-Bernardino-CA-/0665000/profile#
A Qualified Census Tract (QCT) is any census tract (or equivalent geographical area defined by the Census Bureau)
in which at least 50% of the households have an income less than 60% of the Area Median Gross Income (AMGI).
HUD has defined 60% of AMGI as 120% of HUD’s Very Low-Income Limits (VLIL), which are based on 50% of area
median income, adjusted for high cost and low-income areas.
What eligible uses do I need a permit for?
⚫⚫ Exterior Signs
⚫⚫ Awnings / Sunshades
⚫ Exterior Paint / Surface Treatment (for review only)
⚫ Asphalt Paving / Tile / Pavers
⚫ Masonry Walls / Footings
⚫ Outdoor Lighting
⚫ Security Fencing
⚫ Windows
⚫⚫ Architectural Features
⚫⚫ Historical Features
⚫⚫ Landscaping
⚫ Planning ⚫ Building ⚫ Public Works/Land Development
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City of San Bernardino
Façade Improvement “Paintbrush” Program 2024
12
Packet Page. 1291
21
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of
shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to
respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses
where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have no more than 500 employees, or if applicable, the size standard in number of employees
established by the Administrator of the Small Business Administration for the industry in which
the business concern or organization operates, and
2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes,
among other requirements, that the business is independently owned and operated and is not
dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many
ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following
enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the
pandemic:
8 15 U.S.C. 632.
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22
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses,
which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
Packet Page. 1293
City of San Bernardino
American Rescue Plan Act (ARPA) Program
COVID-19 Related
Façade Improvement “Paintbrush” Grant
Program
Presented By: Stephanie Castro, Project Manager
Packet Page. 1294
Façade Improvement “Paintbrush” Program –
Discussion
Presentation Overview
•Background on ARPA Funding
•Grant Program
•Next Steps
•Grant Program Partnership
•Discussion
2
Packet Page. 1295
Rescue Plan Funds – Background
3
San Bernardino’s Allocation: $77 Million
•Final Rule Issued January 6, 2022, effective 4/1/2022
•Opportunities in Qualified Census Tracts (QCTs)
•All funds must be obligated by Dec. 31, 2024, and spent
by Dec. 31, 2026
Packet Page. 1296
Rescue Plan Funds – Background
4
October 20, 2021 - Resolution 2021-247:
Approved allocating $7,160,000, for Violence Intervention
Program, the Graffiti, Clean-Up and Paintbrush Program
and Lead Service Connector Replacement Program.
$2,000,000 was allocated to the Graffiti, Clean-Up and
Paintbrush Program.
•$1,250,000 of that funding is currently allocated for The
Façade Improvement “Paintbrush” Grant Program.
Packet Page. 1297
Façade Improvement “Paintbrush” Program
5
Paintbrush Program
•Negative economic impact due to
pandemic
•External Façade Improvements
•Grants: $10,000 to $20,000
(depending on qualifications)
Total: $1,250,000
Packet Page. 1298
Façade Improvement “Paintbrush”
Program
6
•Have an active San Bernardino Business License
since May 11, 2023, at minimum, at the time of the
application
•Prove negative economic impact as a result of Covid
-19
•Includes areas (Qualified Census Tracts) and
populations designated as having been
disproportionately impacted
Total: $1,250,000
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Façade Improvement “Paintbrush” Program
7
Total: $1,250,000
ELIGIBLE BUSINESS GRANT AWARD AVAILABLE PER
BUSINESS
Open for business prior to
March 13, 2020, and still in business:
$20,000
Open for business starting March 14, 2020,
through May 11, 2023, to present, and open
with appropriate permits (if opened after
May 11, 2023, business is ineligible):
$10,000
Packet Page. 1300
Next Steps - Application
8
•Application will be available in English and Spanish starting
at 9:00 am on June 1, 2024.
•Access to the application will be available through the
City’s Economic Development website and applicants
are encouraged to apply through the SBDC portal.
•First-come, first-serve priority
•www.sbcity.org/paintbrushprogram
Total: $1,250,000
Packet Page. 1301
Grant Program Partnership
Small Business
Development Center
•Marketing & Outreach
•Program Application
•Consultations
•Reporting & Tracking
Free Small Business Resources
9
Packet Page. 1302
DISCUSSION
10
Façade Improvement “Paintbrush”
Program
Packet Page. 1303
Packet Page. 1304