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HomeMy WebLinkAbout10-04-2023 Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO REVISED AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 04, 2023 5:30 PM - CLOSED SESSION 7:00 PM - OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez COUNCIL MEMBER, WARD 1 Helen Tran MAYOR Damon L. Alexander COUNCIL MEMBER, WARD 7 Sandra Ibarra COUNCIL MEMBER, WARD 2 Charles E. McNeely INTERIM CITY MANAGER Juan Figueroa COUNCIL MEMBER, WARD 3 Sonia Carvalho CITY ATTORNEY Fred Shorett MAYOR PRO TEM, WARD 4 Genoveva Rocha CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS Please contact the City Clerk's Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Interim City Manager Charles E. McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A)Recommendation: A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.Alliance for Constitutional Sex Offense Law, Inc; and John Doe v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2308625B) B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 1.October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward p. 15 2.October 2023 Citizen of the Month – George’s Burgers – 2nd Ward p. 17 3.October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward p. 19 4.October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward p. 21 5.October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward p. 23 6.Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants p. 25 7.Recognition of Cal State San Bernardino University Baseball and Coach Mike Nadeau on his accomplishment in leading the team to its first National Collegiate Athletic Association run and being named Coach of the Year p. 55 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE CONSENT CALENDAR 8.Adoption of the Strategic Initiatives (All Wards) p. 60 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-144: a.Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and b.Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and Mayor and City Council of the City of San Bernardino Page 4 c.Approving the creation of the Economic Development Department; and d.Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors. 2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and 3. Direct staff to bring back Strategic Initiatives that require further Council review and approval. 9.Adoption of Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards p. 70 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards. 10. Settlement Agreement of Escrow Account Funds with Los Angeles Engineering p. 80 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and 2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account. 11. City Board, Commission, and Citizen Advisory Committee Minutes Approved in August and September 2023 p. 88 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 August and September 2023. 12. Senior Human Resources/Risk Analyst Classification Title Change p. 119 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147: 1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and Mayor and City Council of the City of San Bernardino Page 5 2.Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. 13. Library Literacy Program Grant Funding (All Wards) p. 133 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving: 1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services 2.Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received. 14. Library Revenue and Expense Budget (All Wards) p. 220 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving: 1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures. 15. Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders p. 266 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing: 1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667; 2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget; 3. Agency Director of Administrative Services, or designee, to approve Mayor and City Council of the City of San Bernardino Page 6 purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows: Sysco Foods: $183,500 Hollandia Dairy: $23,500 Consulting Health Nutrition Services, Inc.: $17,000 4.Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met. 16. 2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award (All Wards) p. 324 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-151, 1.Accepting the Senior Companion Program grant award in the amount of $332,662, and 2.Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024. 17.Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) p. 357 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing: 1.The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and 2.The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures. 18. Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards) p. 384 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing: 1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures. 19. Acceptance of FY 2023 Edward Byrne Justice Assistance Grant p. 407 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino Mayor and City Council of the City of San Bernardino Page 7 California, adopt Resolution No. 2023-154, authorizing: 1.The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and 2.The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $230,081 in both revenue and expenditures. 20.Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures (All Wards) p. 434 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy. 21. Contract Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1) p. 444 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156: 1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and 2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and 3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 22.Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company p.455 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality. Mayor and City Council of the City of San Bernardino Page 8 23. Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits p. 490 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Discuss the repeal of Resolution No. 2020 - 265; 2.Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On- site and Off-site Contractor’s Construction Yards); and 3.Provide additional direction to staff regarding the topics discussed. PUBLIC HEARING 24.Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) p. 626 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and 2. Authorize its submission to the United States Department of Housing and Urban Development. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on October 18, 2023 at the Feldheym Central Library 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. DISCUSSION Mayor and City Council of the City of San Bernardino Page 9 CERTIFICATION OF POSTING AGENDA I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 4, 2023 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, September 29, 2023. I declare under the penalty of perjury that the foregoing is true and correct. Telicia Lopez Telicia Lopez, CMC, Chief Deputy Clerk ________________________________________________________________________________ NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Mayor and City Council of the City of San Bernardino Page 10 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. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Mayor and City Council of the City of San Bernardino Page 11 Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. ALTERNATE MEETING VIEWING METHOD: If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3: https://reflect-sanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1)Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2)Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to ubmit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3)REMOTE PARTICIPATION VIA ZOOM (For public comment only, meeting will not be viewable on Zoom) Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email publiccomments@sbcity.org. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment. Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you. The public may begin joining the meeting on Zoom or by calling-in to be added to the speaker queue at 5:15 PM for Closed Session. For the Regular Meeting please log on no later than 15 minutes after the meeting start time. Mayor and City Council of the City of San Bernardino Page 12 a)You can use a mobile phone or a landline to dial into a Zoom meeting. i)Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode:2023 ii)Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. b) Join the Meeting by clicking on the Zoom link below: https://sbcity-org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677-845-9453 Passcode:2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode:2023 Public Hearings: If you are commenting on a Public Hearing, whether you are speaking remotely or in person, you have an opportunity to speak until the Public Hearing has been closed. CLOSED SESSION City of San Bernardino Request for Council Action Date: October 4, 2023 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(a) and (d)(1): i.Alliance for Constitutional Sex Offense Law, Inc; and John Doe v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2308625B) B)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager Packet Pg. 13 Packet Pg. 14 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward       Packet Pg. 15 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING MANALMANAL ISKANDERISKANDER GREENGREEN SHACKSHACK OCTOBEROCTOBER 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023       Packet Pg. 16 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:October 2023 Citizen of the Month – George’s Burgers – 2nd Ward       Packet Pg. 17 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING GEORGE’SGEORGE’S BURGERSBURGERS 715715 WW HIGHLANDHIGHLAND AVEAVE OCTOBEROCTOBER 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023       Packet Pg. 18 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward       Packet Pg. 19 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING MEIGAMEIGA SUSHISUSHI 13791379 EE HIGHLANDHIGHLAND AVEAVE OCTOBEROCTOBER 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023       Packet Pg. 20 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward       Packet Pg. 21 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING TACOSTACOS ARANDASARANDAS OMAROMAR AGUIRREAGUIRRE OCTOBEROCTOBER 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023       Packet Pg. 22 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward       Packet Pg. 23 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING MIYAGIMIYAGI SUSHISUSHI 228228 EE BASELINEBASELINE STST OCTOBEROCTOBER 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 4th day of October 2023       Packet Pg. 24 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants       Packet Pg. 25 I S I A S C O N T R E R A S O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 26 H A L A E V A L U V A I M I L I O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 27 J O S I A H M O R E N O O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 28 L A N G S T O N R A N D A L L O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 29 V I C T O R I A R O M I G O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 30 S I N A V A I A N A T A L A T A I N A O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 31 I S H M A E L D A V I S O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 32 A S H T O N A U B R Y O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 1 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 33 J O S E P H M U N O Z O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r g u i d a n c e , p a t i e n c e , a n d d e d i c a t i o n t o h e l p i n g o u r y o u n g a t h l e t e s g r o w a s p l a y e r s a n d i n d i v i d u a l s . Y o u r m e n t o r s h i p h a s b e e n i n v a l u a b l e . DIVISION 1 ALL-STAR COACH CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 34 L A N C E S A M U E L O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r g u i d a n c e , p a t i e n c e , a n d d e d i c a t i o n t o h e l p i n g o u r y o u n g a t h l e t e s g r o w a s p l a y e r s a n d i n d i v i d u a l s . Y o u r m e n t o r s h i p h a s b e e n i n v a l u a b l e . DIVISION 2 ALL-STAR COACH CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 35 C A R T E R H E N D E R S O N O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r g u i d a n c e , p a t i e n c e , a n d d e d i c a t i o n t o h e l p i n g o u r y o u n g a t h l e t e s g r o w a s p l a y e r s a n d i n d i v i d u a l s . Y o u r m e n t o r s h i p h a s b e e n i n v a l u a b l e . DIVISION 2 ALL-STAR COACH CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 36 Z E P P E L I N R U B I O O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 37 D I L L I O N J O H N S O N O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 38 A I D E N A L V A R E Z O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 39 M A L A C H I S A M U E L O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 40 T H I E R O N W I L L I A M S O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 41 C H R I S T I A N R O M I G O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 42 B R A Y L O N Y O U N G B L O O D O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 2 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 43 C O A C H D E L E S A O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r g u i d a n c e , p a t i e n c e , a n d d e d i c a t i o n t o h e l p i n g o u r y o u n g a t h l e t e s g r o w a s p l a y e r s a n d i n d i v i d u a l s . Y o u r m e n t o r s h i p h a s b e e n i n v a l u a b l e . DIVISION 3 ALL-STAR COACH CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 44 M A L A C H I B E R M U D E Z O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 45 L I A M D I A Z O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 46 I S A I A H H E R N A N D E Z O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 47 C A R L O S I I I T E R E L L O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 48 E L I J A H M O R E N O O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 49 J U S T I N L A N C E O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 50 F A I T H H E N D E R S O N O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 51 R A K E E M H A R R I S O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 52 J O S H U A D I A Z O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 53 Y A R E L I A R I A S O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r p a r t i c i p a t i o n ! W e g r e a t l y a p p r e c i a t e y o u r e p r e s e n t i n g o u r c i t y w i t h p r i d e a n d s k i l l . Y o u 'r e a t r u e A l l S t a r ! DIVISION 3 ALL-STAR PARTICIPANT CITY OF SAN BERNARDINO SUMMER YOUTH ALL STAR BASKETBALL TEAM PRESENTED ON OCTOBER 4, 2023       Packet Pg. 54 PRESENTATIONS City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Lydie Gutfeld, Director of Parks, Recreation, and Community Services Department:Parks, Recreation, and Community Services Subject:Recognition of Cal State San Bernardino University Baseball and Coach Mike Nadeau on his accomplishment in leading the team to its first National Collegiate Athletic Association run and being named Coach of the Year.       Packet Pg. 55 M i c h a e l N a d e a u O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r o u t s t a n d i n g l e a d e r s h i p , d e d i c a t i o n , a n d r e m a r k a b l e a c h i e v e m e n t s w i t h t h e C S U S B b a s e b a l l t e a m . W e a r e i n c r e d i b l y p r o u d o f y o u r a c c o m p l i s h m e n t s a n d g r a t e f u l f o r t h e p o s i t i v e r e p r e s e n t a t i o n y o u b r i n g t o C S U S B & t h e C i t y o f S a n B e r n a r d i n o . CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL HEAD COACH 2023 ABCA/ATEC DIVISION II WEST REGION COACH OF THE YEAR PRESENTED ON OCTOBER 4, 2023       Packet Pg. 56 J e f f e r y J a m e s O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r d e d i c a t i o n a n d h a r d w o r k a s t h e C S U S B a s s i s t a n t b a s e b a l l c o a c h . Y o u r c o n t r i b u t i o n s t o t h e t e a m h a v e n o t g o n e u n n o t i c e d , a n d w e d e e p l y a p p r e c i a t e a l l t h a t y o u d o f o r t h e s t u d e n t s & t h e C i t y o f S a n B e r n a r d i n o . 2023-2024 CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL ASSISTANT COACH PRESENTED ON OCTOBER 4, 2023       Packet Pg. 57 R e n e L e a l O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r d e d i c a t i o n a n d h a r d w o r k a s t h e C S U S B a s s i s t a n t b a s e b a l l c o a c h . Y o u r c o n t r i b u t i o n s t o t h e t e a m h a v e n o t g o n e u n n o t i c e d , a n d w e d e e p l y a p p r e c i a t e a l l t h a t y o u d o f o r t h e s t u d e n t s & t h e C i t y o f S a n B e r n a r d i n o . 2023-2024 CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL ASSISTANT COACH PRESENTED ON OCTOBER 4, 2023       Packet Pg. 58 T a n n e r K n a p p O F R E C O G N I T I O N F R O M T H E M A Y O R & C I T Y C O U N C I L P r e s e n t e d t o : C E R T I F I C A T E T h a n k y o u f o r y o u r d e d i c a t i o n a n d h a r d w o r k a s t h e C S U S B a s s i s t a n t b a s e b a l l c o a c h . Y o u r c o n t r i b u t i o n s t o t h e t e a m h a v e n o t g o n e u n n o t i c e d , a n d w e d e e p l y a p p r e c i a t e a l l t h a t y o u d o f o r t h e s t u d e n t s & t h e C i t y o f S a n B e r n a r d i n o . 2023-2024 CAL STATE SAN BERNARDINO UNIVERSITY BASEBALL ASSISTANT COACH PRESENTED ON OCTOBER 4, 2023       Packet Pg. 59 1 6 5 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Department:City Manager's Office Subject:Adoption of the Strategic Initiatives (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-144: a. Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and b. Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and c. Approving the creation of the Economic Development Department; and d. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors. 2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and 3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.       Packet Pg. 60 1 6 5 5 Executive Summary During the September 12, 2023, Mayor and City Council Special Meeting, the City Council made several changes to the Strategic Initiatives. To accurately reflect those changes, Resolution No. 2023-144 has been revised and is being brought back as a separate item for the Mayor and City Council’s adoption. Formal adoption of Resolution 2023-144 will amend the FY 2023/24 Operating Budget totaling $6,636,293 and will allow the City to begin the recruitment process for the additional positions. Additional actions associated with the Strategic Initiatives, such as revising the City’s salary schedule to reflect the newly created positions and the retitling of Agency Directors, will be brought back at a future meeting for Council’s approval. Background On June 21, 2023, the Mayor and City Council approved the FY 2023/24 Operating Budget and Capital Improvement Plan. The FY 2023/24 Operating Budget included a surplus of over $7 million and an anticipated increase of $5.4 million to Fund Balance for year-end FY 2022/23. Additionally, the Operating Budget incorporated a Strategic Reserve of $3,539,363 and a Capital Contingency Reserve of $3,600,000, which are set-asides from ongoing General Fund revenue that are to be used for various initiatives and capital improvement projects. This addition to the Capital Contingency Reserve brought the total of the Capital Contingency Reserve for FY 2023/24 to $9,000,000. Council also gave direction to allocate $3,000,000 of the Capital Contingency Reserve to street segment repairs ($2,000,000) and sidewalks ($1,000,000), thus leaving a remaining balance of $6,000,000 within the Capital Contingency Reserve. On June 30, 2023, a Special Workshop (“Workshop”) was held to address the Mayor and City Council’s goals and priorities. The Workshop was informational only and allowed staff to present a series of Strategic Initiatives and other programs/proposals for the Mayor and Council’s future consideration. On September 12, 2023, the Mayor and City Council approved the Strategic Initiatives with the following exceptions and/or modifications: •The source of funding for the turf-friendly mini loader, the comprehensive bio- hazard cleanup agreement, and the weed abatement/brush clearing agreement was changed to the General Fund. Staff previously recommended that these initiatives be funded by the Cultural Development Fund. •The funding for the Quality of Life Police Department team and the Park Ranger program was approved to begin in FY 2023/24, and the $2,000,000 for Homelessness Services Sustainability was approved for FY 2026/27. Staff previously recommended that these initiatives be prioritized as part of the budget process in future years but with no funding budgeted for FY 2023/24. •The funding for a second Assistant City Manager was not approved.       Packet Pg. 61 1 6 5 5 Additionally, there was a motion to approve an allocation of $39,000 for the Property Based Improvement District (PBID) formation; however, since the original staff recommendation regarding the PBID was only for Council to provide direction, no funding could be approved during the Special Meeting. Staff informed the Council that this would be brought back for Council approval at the October 4, 2023, Regular Meeting. Discussion Due to the changes made to the Strategic Initiatives during the September 12, 2023, Special Meeting, Resolution No. 2023-144 has been revised to reflect the updated costs of the initiatives. The total estimated costs for FY 2023/24 have increased by $931,105 to a total of $6,636,293; however, a majority of these increases are for positions that are unlikely to be filled by the end of the fiscal year, which will result in savings. The costing of the Strategic Initiatives has been updated as follows: •Changing the source of funding for the turf-friendly mini loader, the comprehensive biohazard cleanup agreement, and the weed abatement/brush clearing agreement will impact the General Fund by $570,000 for FY 2023/24 instead of the Cultural Development Fund. This does not increase the overall cost of the Strategic Initiatives. •Funding the Quality of Life (QOL) Police Department (PD) team and Park Ranger program for FY 2023/24 will increase the cost of the Strategic Initiatives by an estimated $1,040,693 for FY 2023/24, where $787,743 would be budgeted for the QOL PD team and $252,950 for the Park Ranger program. The estimated costs are based on the same methodology for the other staffing recommendations presented during the Special Meeting, which assumes new staff would be onboard effective January 1, 2024. It is important to note that due to the hiring process for police officers, the positions for the QOL PD team are unlikely to be filled before the end of the fiscal year, which will result in savings of the same budgeted amount. •Not funding the second Assistant City Manager position reduces the cost of the Strategic Initiatives by $148,588 for FY 2023/24. •Funding the PBID formation increases the cost of the Strategic Initiatives by $39,000 for FY 2023/24. This is a one-time cost. The table on the following page reflects the updated list of Strategic Initiatives that Council approved on September 12, 2023, and their associated funding sources.       Packet Pg. 62 1 6 5 5 SR=Strategic Reserve; CC=Capital Contingency; GF=General Fund 1. Quality of Life FY 2023/24 Recommendations FY 2023/24 Source Future (Based on FY24) a. Turf-friendly mini loader $170,000 GF One Time b. Maintenance Services Agreement: Comprehensive bio-hazard cleanup $250,000 GF $250,000 c. Maintenance Services Agreement Weed abatement and brush clearing $150,000 GF $150,000 d. Hazard Pay $93,600 SR $124,800 e. Private Security City-Wide $1,256,000 SR $1,256,000 f. Park Ranger Program $252,950 GF $505,900 g. Quality of Life PD Team $787,743 GF $1,575,486 h. Annual allocation of $2,000,000 beginning in Fiscal Year 2026/27 to help sustain homeless-related activities -GF $2,000,000 2. One Stop Shop FY 2023/24 Recommendations FY 2023/24 Source Future (Based on FY24) a. One Stop Shop Construction $400,000 CC One Time b. One (1) Community & Developer Ombudsman $69,061 SR $138,122 c. One (1) Senior Customer Service Representative $47,994 SR $95,987 3. Infrastructure Master Plans FY 2023/24 Recommendations FY 2023/24 Source Future (Based on FY24) a. City Hall preliminary engineering and space study $300,000 CC One Time b. Bridge Management Plan $500,000 CC One Time c. ADA Master Plan – Phase I $500,000 CC One Time Prioritize as part of the budget process for future years d. ADA Master Plan – Future Phases*-GF $1,500,000 e. Storm Drain Master Plan*-GF $1,00,000 f. Facility/Building Management Plan*-GF $1,000,000 * Funding is to be incorporated into future budgets as appropriate. 4. Legislative Advocacy FY 2023/24 Recommendations FY 2023/24 Source Future (Based on FY24) a. Legislative and Government Affairs Manager $86,937 SR $173,873 b. Federal Advocacy Contract $125,000 SR $125,000 c. State Advocacy Contract $125,000 SR $125,000 5. Economic Development FY 2023/24 Recommendations FY 2023/24 Source Future (Based on FY24) a. Property Based Improvement District Formation $39,000 SR One Time       Packet Pg. 63 1 6 5 5 6. Strategic Staffing Initiatives Recommendations FY 2023/24 Source Future (Based on FY24) Animal Services a. One (1) Deputy Director of Animal Services $102,001 SR $204,001 b. One (1) Registered Veterinary Technician $40,630 SR $81,259 c. One (1) Veterinary Assistant $33,277 SR $66,554 Economic Development Department d. One (1) Economic Development Director $140,188 SR $280,376 e. Three (3) Economic Development Managers $279,327 SR $558,654 f. One (1) Administrative Assistant – Economic Development $40,275 SR $80,549 Housing & Homelessness Division g. One (1) Housing Division Manager $93,511 SR $187,022 h. One (1) Principal Accountant $73,534 SR $147,067 i. One (1) Management Analyst II $59,974 SR $119,948 Parks, Recreation, and Community Services j. One (1) Deputy Director of Parks, Recreation, and Community Services $102,001 SR $204,001 Planning Division k. Reclassify - Deputy Director to City Planner/Planning Manager ($51,758)SR ($103,516) l. One (1) Senior Planner $73,221 SR $146,441 m. One (1) Associate Planner $63,412 SR $126,823 n. One (1) Planning Aide $49,913 SR $99,826 o. One (1) Administrative Assistant $40,275 SR $80,549 Public Works p. Three (3) Engineering Project Managers for the Public Works Department $257,420 SR $514,839 q. One (1) Land Development Engineer $85,807 SR $171,613 2021-2025 Strategic Targets and Goals The approval of the Strategic Initiatives aligns with Key Target No. 1: Improved Operational & Financial Capacity by establishing clear policy direction and predictable organization structures; Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent, as well as investing in tools that continually improve organizational efficiency and effectiveness; Key Target No. 3: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness, as well as enhancing customer-service into all City operations; and Key Target No 4: Economic Growth & Development by establishing a strategy to create a 21st century urban core. Fiscal Impact The impact to the General Fund totals $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations       Packet Pg. 64 1 6 5 5 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-144: a. Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and b. Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and c. Approving the creation of the Economic Development Department; and d. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors. 2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and 3. Direct staff to bring back Strategic Initiatives that require further Council review and approval. Attachments Attachment 1 – Resolution No. 2023-144 Ward: All Wards Synopsis of Previous Council Actions: September 12, 2023 Mayor and City Council held a Special Meeting where they approved a series of Strategic Initiatives. June 30, 2023 Mayor and City Council held a Special Workshop where they were presented with a series of Strategic Initiatives that addressed their goals and priorities June 21, 2023 Mayor and City Council approved the FY 2023/24 Operating Budget and Capital Improvement Plan.       Packet Pg. 65 Resolution No. 2023-144 Resolution No. 2023-144 October 4, 2023 Page 1 of 4 3 3 8 5 RESOLUTION NO. 2023-144 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA: 1. APPROVING AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE CITY OF SAN BERNARDINO’S FY 2023/24 OPERATING BUDGET TOTALING $6,636,293 WITH $1,610,693 IN GENERAL FUND APPROPRIATIONS, $3,325,600 IN GENERAL FUND STRATEGIC RESERVE APPROPRIATIONS, AND $1,700,000 IN GENERAL FUND CAPITAL CONTINGENCY RESERVE APPROPRIATIONS; 2. APPROVING THE ALLOCATION OF $2,000,000 BEGINNING FY 2026/27 TO SUSTAIN HOMELESSNESS RELATED SERVICES; 3. APPROVING THE CREATION OF THE ECONOMIC DEVELOPMENT DEPARTMENT; AND 4. DIRECTING STAFF TO PREPARE AND BRING BACK A REVISED CITY SALARY SCHEDULE TO INCLUDE ANY NEW POSITIONS THAT ARE BUDGETED AND THE RETITLING OF THE AGENCY DIRECTORS WHEREAS, a Mayor and City Council Retreat Workshop was held from May 11, 2023 through May 13, 2023, to set goals, definitions, and priorities for the City of San Bernardino; WHEREAS, a special meeting was held on June 30, 2023, to address the Mayor and City Council’s priorities that were agreed upon in the Mayor and City Council Retreat Workshop to present the City’s Strategic Initiatives; WHEREAS, staff was directed to return to the Mayor and City Council, following the June 30th, 2023 special meeting, with a list of vacancies and associated budget to assess the possibility of repurposing the allocated budget from vacant positions to the proposed strategic initiatives; and WHEREAS, staff has conducted an analysis of the City of San Bernardino’s recruitment and retention rates, organizational and staffing structure, growth over time, and overall competitive workforce philosophy in comparison to surrounding agencies of comparable scope. WHEREAS Section 501 of the City Charter allows the City manager to establish City departments, offices, or agencies in addition to those created by the Charter, subject to approval of the City Council. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.       Packet Pg. 66 Resolution No. 2023-144 Resolution No. 2023-144 October 4, 2023 Page 2 of 4 3 3 8 5 SECTION 2. That the Mayor and City Council approve the amendment of $6,636,293 to the FY 2023/24 Operating Budget, of which: $1,610,693 totals the appropriations from the General Fund Balance, $3,325,600 totals the appropriations from the General Fund Strategic Initiative Reserve Fund Balance, and $1,700,000 totals the appropriations from the General Fund Capital Contingency Reserve Fund Balance. SECTION 3. That the Mayor and City Council approve the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness related services. SECTION 4. That the Mayor and City Council approve the creation of the Economic Development Department. SECTION 5. The Agency Director of Administrative Services, or designee, is hereby authorized to amend the FY 2023/24 Operating Budget in the total amount of $6,636,293. SECTION 6.Staff is directed to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors. SECTION 7.Staff is directed to prioritize available funding for the proposed workshop strategic initiatives for future years as part of the FY 2024/25 & FY 2025/26 Biennial Budget development process. SECTION 8.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 4th day of October 2023.       Packet Pg. 67 Resolution No. 2023-144 Resolution No. 2023-144 October 4, 2023 Page 3 of 4 3 3 8 5 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 68 Resolution No. 2023-144 Resolution No. 2023-144 October 4, 2023 Page 4 of 4 3 3 8 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. 2023-144, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 69 Page 1 1 6 4 1 CONSENT CALENDAR MC-1619 City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Mary Lanier, Director of Community, Housing, and Economic Development Department:Community, Housing, and Economic Development (CED) Subject:Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards. Executive Summary Ordinance No MC 16-1619 will amend Chapter 15.27 of the City’s Municipal Code, renaming it to Rental Housing Program Maintenance Standards and retaining the exterior inspections and eight-hour training program. Background On September 6, 2023, the Mayor and City Council introduced, read by title only, and waived further reading of, Ordinance No. MC-1619 – An Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards. The ordinance replaces the existing title Crime-Free Rental Housing Program with Rental Housing Program Maintenance Standards. It also amends the chapter to retain the exterior inspections of multi-family rental housing and the eight-hour training class. Discussion The City presently has a Crime-Free Rental Housing Program (Chapter 15.27 of Title 15 of the San Bernardino Municipal Code) that applies to multi-family rental properties with four or more rental units on the same parcel. Per the terms of a stipulated judgment       Packet Pg. 70 Page 2 1 6 4 1 with Promise Gracia et al., the City agreed to revise the ordinance. The amended ordinance revises the name of the program to Rental Housing Program Maintenance Standards and retains the exterior inspections of multi-family rental housing and the eight-hour training class components. Staff is implementing changes to the program operations immediately. As part of the stipulated judgment with Promise Gracia et al., the provision for charging for inspections has been removed. This will result in a reduction in revenue, as no charges for the inspections or fees can be collected. In the interim, staff recommends continuing with the program utilizing salary savings while the program is fully evaluated, and potential funding sources are explored. The program has proven valuable for maintaining properties and neighborhoods and the eight-hour training class has been well received by property owners and managers in the management of multi-family communities. Once the evaluation is complete, staff will return to the Mayor and City Council with recommendations. 2021-2025 Strategic Targets and Goals The proposed action of amending the Crime-Free Rental Housing Program aligns with Strategic Target No. 2 – Focused, Aligned Leadership and Unified Community. The Crime-Free Rental Housing Program revisions develop and implement a community engagement plan that respects the state and federal fair housing rights of City residents. The proposed action of amending the Crime-Free Rental Housing Program also aligns with Strategic Target No. 3 – Improved Quality of Life. Proper maintenance of multi-family residential rental housing facilities can be encouraged by educating property owners, operators, and managers as to the risks of substandard maintenance, unsafe conditions, and nuisance activity. Such education and proper maintenance make the City cleaner and more attractive. As a result, it can incentivize more people, especially those who work in the City, to choose to live in the City. Fiscal Impact The stipulated judgment required the elimination of all fees, which results in not being able to issue inspection invoices or payments for the class. A reduction in fees will result in a reduction of Code Enforcement revenue of approximately $120,000 based on the inspection fees, interest, and class charge for 2022. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards. Attachments Attachment 1 - Ordinance No. MC-1619 Ward: All Wards Synopsis of Previous Council Actions:       Packet Pg. 71 Page 3 1 6 4 1 September 6, 2023 The Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1619 – An Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards.       Packet Pg. 72 Ordinance No. MC-1619 3 3 5 2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 15.27 OF TITLE 15 OF THE SAN BERNARDINO MUNICIPAL CODE, REGARDING RENTAL HOUSING PROGRAM MAINTENANCE STANDARDS WHEREAS, the proper maintenance of multi-family residential rental housing facilities can reduce nuisance conditions and improve the safety and security of residents; and WHEREAS, the proper maintenance of multi-family residential rental housing facilities can be encouraged by educating property owners, operators and managers as to the risks of substandard maintenance, unsafe conditions, and nuisance activity; and WHEREAS, the negative effects of substandard maintenance, unsafe conditions, and nuisance activity on rental housing have broader impacts on the public health, safety, and welfare of the City’s residents and the community at large; and WHEREAS, based upon the negative effects of substandard maintenance, unsafe conditions, and nuisance activity at certain residential rental housing facilities, other neighboring properties have experienced enduring nuisance conditions and reductions in property values; and WHEREAS, the education and inspections pursuant to this Ordinance address the negative impacts of substandard maintenance, unsafe conditions, and nuisance activity by providing the City’s Code Enforcement officers with authority to inspect multi-family residential rental housing facilities, educating property owners, and fining violations that do not accord with the principles of this Ordinance; and WHEREAS, the City Council has determined that the negative impacts of substandard maintenance, unsafe conditions, and nuisance activity interfere with the public health, safety, quiet enjoyment, quality of life, and general welfare of the individuals residing in or near dwelling units that will be subject to this Ordinance; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The recitals above are true and correct and are hereby incorporated herein by this reference. SECTION 2. Chapter 15.27 of Title 15 of the San Bernardino Municipal Code is hereby amended in its entirety to state as follows: “Chapter 15.27 Rental Housing Program Maintenance Standards       Packet Pg. 73 Ordinance No. MC-1619 3 3 5 2 15.27.010 Purpose 15.27.020 Applicability 15.27.030 Definitions 15.27.040 Scope 15.27.050 Mandatory Participation 15.27.060 Notice of Inspection 15.27.070 Violations 15.27.080 Re-Inspections 15.27.090 Administrative Citations 15.27.100 Appeals 15.27.110 Severability 15.27.010 Purpose The Rental Housing Maintenance Program is a part of the City of San Bernardino's overall effort to maintain high property standards for maintenance of multi-family rental properties as defined herein. Owners of any multi-family rental property will be required to maintain these units in accordance with all applicable laws. 15.27.020 Applicability The provisions of this Chapter shall apply to all multi-family rental property, as that term is defined herein, within the City. This Chapter also applies to the premises on which a multi- family rental property is located, including but not limited to parking lots, driveways, landscaping, accessory structures, fences, and walls. The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable laws. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code. 15.27.030 Definitions For the purpose of this Chapter, unless otherwise apparent from their context, certain words and phrases used in this Chapter shall have the meanings hereinafter designated. The definitions in this Chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this Chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. A. “Applicable Laws" means the City's Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of City residents or the general public, as adopted by the City. B. “City" means the City of San Bernardino.       Packet Pg. 74 Ordinance No. MC-1619 3 3 5 2 C. “Director" means the Director of Community, Housing, and Economic Development of the City of San Bernardino or his/her designee. D. “Manager” means the person(s) who is responsible for the day-to-day maintenance, upkeep, and security of the rental property. “Manager” does not mean those who only physically perform the day-to-day maintenance, upkeep, and security functions of the rental property, such as but not limited to groundskeepers, craft workers, and security guards. Rather, the “manager” is the person(s) who makes the decisions concerning, and who directs and controls those who execute, the day-to-day maintenance, upkeep, and security of the rental property. E. “Occupant" means any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner. F. “Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee. If more than one person or an entity owns the subject real property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner. G. “Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose of this Chapter, the following types of dwelling units or facilities are not considered multi-family rental housing units: a) Hotels or motels b) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an education institution c) Mobile Home Parks H. "Multi- family Rental Housing Complex" means a multi-unit residential structure consisting of four (4) or more units existing on one (1) parcel of land. 15.27.040 Scope The provisions of this Chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel. 15.27.050 Mandatory Participation A. All multi-family rental property located in the City shall be subject to an annual inspection by the Director for compliance with the Rental Housing Program Maintenance Standards.       Packet Pg. 75 Ordinance No. MC-1619 3 3 5 2 B. All property owners and managers of multi-family rental property shall attend the 8 hour rental housing course presented by the City within eight (8) months of the passage of this Ordinance. If a new owner or manager takes over the property, the new property owner or manager shall complete the 8 hour rental housing course presented by the City within six (6) months of said ownership or employment. C. Any oral or written communication in the form of educational manuals, guidance, inspection materials, memoranda, reports, worksheets, and writings used by the City and its employees and/or agents used in the rental housing course and/or annual inspection shall refrain from referring to the Rental Housing Program Maintenance Standards as a crime-free program or crime reduction program. The course and inspection materials shall refrain from pejoratively or derogatorily describing persons with criminal histories. The course and inspection materials shall not instruct property owners and managers to rely upon or use any criminal history information in housing admissions and housing termination of housing decisions that is prohibited by fair housing state and federal laws and regulations, including guidance from applicable state and federal enforcement agencies, which may be amended from time to time. D. City sworn law enforcement shall not be involved in conducting the rental housing course or in conducting the annual exterior inspections or re-inspections. City code enforcement officers may be involved in conducting the rental housing course and in conducting the annual exterior inspections and re-inspections as a lawful exercise of their duties, including but not limited to enforcement responsibilities under California Civil Code section 1941 et seq. and Health and Safety Code sections 17920.3 and 17975 et seq. 15.27.060 Notice of Inspection The Director shall mail written notice of the date and time of the inspection to the owner of the multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner's last known address as it appears in the records of the County Assessor's Office. The notice of inspection for the Rental Housing Maintenance Program shall be combined with the Multi-Family Rental Housing Program notice to the greatest extent possible for the convenience of the property owner. 15.27.070 Violations A. Whenever the Director determines that a violation of this Chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation(s). B. Any person who fails to comply with any provisions of this Chapter after receiving written notice of the violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of this Chapter.       Packet Pg. 76 Ordinance No. MC-1619 3 3 5 2 C. Any owner of a multi-family rental property who fails to permit the annual inspection by the Director pursuant to this Chapter shall be in violation of this Chapter. 15.27.080 Re-Inspections A. One or more re-inspections may be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected. B. Violations that were not noted on the initial inspection report, but are discovered on the re- inspection due to subsequent damage or deterioration shall be subject to correction. 15.27.090 Administrative Citations A. Owners who fail to correct any deficiencies noted during any inspection or re-inspection may be subject to an administrative citation in accordance with San Bernardino Municipal Code Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director. B. Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the Municipal Code. 15.27.100 Appeals Any recipient of an administrative citation may contest the citation by the procedures set forth in Chapter 9.94 of this Code. 15.27.110 Severability In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein.” SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.       Packet Pg. 77 Ordinance No. MC-1619 3 3 5 2 SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 6. 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 4th day of October, 2023. Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney       Packet Pg. 78 Ordinance No. MC-1619 3 3 5 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1619, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6th day of September 2023. Ordinance No. MC-1619 was approved and adopted at a regular meeting held the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. ______________________________ Genoveva Rocha, CMC, City Clerk       Packet Pg. 79 1 6 2 9 Consent Calendar City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Mary E. Lanier, Interim Agency Director of Community, Housing, and Economic Development Department:Community, Housing, and Economic Development (CED) Subject:Settlement Agreement of Escrow Account Funds with Los Angeles Engineering Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and 2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account. Executive Summary The recommended action will approve a Settlement Agreement between the City of San Bernardino and Los Angeles Engineering, releasing jointly held escrow funds in the amount of $147,032.87. The funds will be split evenly between the City of San Bernardino and Los Angeles Engineering. The City of San Bernardino will receive $73,516.43 and the escrow account will be closed. Background In 1958, the Redevelopment Agency of the City of San Bernardino (“Redevelopment Agency”) was created pursuant to Section 33000 et seq. of the California Health and Safety Code (“HSC”) and was responsible for the administration of redevelopment activities within the City of San Bernardino. On October 28, 2011, the City of San Bernardino, a charter city and municipal corporation (“City”) and Los Angeles Engineering, a California Corporation, (“LAE”) entered into an Escrow Account Agreement for Security Deposits in Lieu of Retention (“Escrow Agreement”) with Community Bank, a California Banking Corporation (the “Escrow Agent”). Pursuant to the Escrow Agreement, the Parties opened Account No.       Packet Pg. 80 1 6 2 9 XXXXXXX9815 (the “Escrow Account”) with Community Bank, into which the Redevelopment Agency deposited funds in connection with a construction contract between the Redevelopment Agency and LAE. Pursuant to HSC section 34172(a)(1), the Redevelopment Agency was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City serves as the Successor Agency to the Redevelopment Agency. On September 27, 2012, LAE filed a lawsuit against the Redevelopment Agency in the amount of $1,117,894.00. On June 11, 2014, judgment was entered in favor of LAE and against the Redevelopment Agency for $1,117,894.00. The Parties entered into an agreement to reduce the amount owed by the City to $1,006.104.60 On December 4, 2014, the City transferred $1,006.104.60 to LAE pursuant to this agreement. Subsequently, on October 5, 2015, LAE filed an Acknowledgement of Satisfaction of Judgment. In May 2015, the Parties entered into a Tolling Agreement to toll applicable statute of limitations for potential claims regarding the proper distribution of funds from the Escrow Account. Discussion The previous agreements did not address the distribution of the funds remaining in the Escrow Account and disputes arose between the City of San Bernardino and Los Angeles Engineering involving the distribution of the funds remaining in the Escrow Account. The purpose of this Settlement Agreement is to memorialize the terms for the distribution of the funds remaining in the Escrow Account, as negotiated between the Parties, and subsequently close the escrow account. 2021-2025 Strategic Targets and Goals This project is consistent with Strategic Target 1: Improved Operational & Financial Capacity. The action will recover funds previously allocated to City improvement projects. Fiscal Impact Approval of this item will result in the City receiving escrow account funds in the amount of $73,513.43. The appropriation of these funds will be determined by the Agency Director of Administrative Services. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California: 1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and 2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account.       Packet Pg. 81 1 6 2 9 Attachments Attachment 1 – Settlement Agreement Ward: All Wards Synopsis of Previous Council Actions: None       Packet Pg. 82 -1- SETTLEMENT AGREEMENT ESCROW ACCOUNT FUNDS This Settlement Agreement (“Settlement Agreement”) is made by and between the City of San Bernardino, a charter city and municipal corporation (City”) and Los Angeles Engineering, Inc., a California corporation (“LAE”). The City and LAE are collectively referred to as the “Parties” and individually referred to as “Party”. RECITALS A. In 1958, the Redevelopment Agency of the City of San Bernardino (“Redevelopment Agency”) was created pursuant to Section 33000 et seq. of the California Health and Safety Code (“HSC”) and was responsible for the administration of redevelopment activities within the City. B. On October 28, 2011, the Parties entered into an Escrow Agreement for Security Deposits in Lieu of Retention (“Escrow Agreement”) with Community Bank, a California banking corporation (the “Escrow Agent”). C. Pursuant to the Escrow Agreement, the Parties opened up Account No. XXXXXXX9815 (the “Escrow Account”) with Community Bank, into which the Redevelopment Agency deposited funds in connection with a construction contract between the Redevelopment Agency and LAE. D. Pursuant to HSC section 34172(a)(1), the Redevelopment Agency was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City serves as the Successor Agency to the Redevelopment Agency. E. On September 27, 2012, LAE filed a lawsuit against the Redevelopment Agency in the amount of $1,117,894.00. On June 11, 2014, judgment was entered in favor of LAE and against the Redevelopment Agency for $1,117,894.00. F. The Parties entered into an agreement to reduce the amount owed by the City to $1,006.104.60. G. On December 4, 2014, the City transferred $1,006.104.60 to LAE pursuant to this agreement. Subsequently, on October 5, 2015, LAE filed an Acknowledgement of Satisfaction of Judgment. H. The previous agreements did not address the distribution of the funds remaining in the Escrow Account and disputes arose between the Parties involving the distribution of the funds remaining in the Escrow Account (the “Dispute”). I. In May 2015, the Parties entered into a Tolling Agreement in order to toll applicable statute of limitations for potential claims regarding the proper distribution of funds from the Escrow Account.       Packet Pg. 83 -2- J. The purpose of this Settlement Agreement is to memorialize the terms for the distribution of the funds remaining in the Escrow Account as negotiated between the Parties. NOW, THEREFORE, in consideration of the facts recited above, the covenants, conditions, and promises set forth below, and for good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Incorporation of Recitals. The Recitals to this Settlement Agreement are incorporated into and shall constitute a part of this Settlement Agreement. 2. Effective Date. This Settlement Agreement and the settlements, releases, and waivers contemplated hereunder shall become effective and binding upon the Parties, as of August __, 2023 (“Effective Date”). 3. Escrow Account Funds. The Parties agree that the $147,032.87 of funds in the Escrow Account shall be split equally between the City and LAE. The City and LAE shall each receive $73,513.43 from the Escrow Account funds. The Parties further agree to provide any necessary written consents to the Escrow Agent required by the Escrow Agreement to effectuate the closing of the Escrow Account and distribution of the funds. 4. Settlement. Except for the obligations set forth in this Settlement Agreement or otherwise noted herein, the Parties acknowledge that the payments outlined in Section 3 of this Settlement Agreement shall constitute full and final settlement of all claims the Parties have against one another, including but not limited to, compensation for all contract amounts and pending change orders, change order proposals, contract balance, claims, back-charges, liquidated damages, and credits related to the Dispute. 5. Release. 5.1 Release of Claims by City. City releases and discharges all claims of every kind whatsoever whether known or unknown, which City or any of its agents, shareholders, representatives, employees, predecessors, successors and/or assigns, asserts or could assert against LAE or any of its agents, shareholders, representatives, sureties, insurers, employees, predecessor, successors and/or assigns, relating to the Dispute (“City Releases”). 5.2 Release of Claims by LAE LAE releases and discharges all claims of every kind whatsoever whether known or unknown, which LAE or any of its agents, shareholders, representatives, employees, predecessors, successors and/or assigns, asserts or could assert against City or any of its officials, officers, consultants, agents, shareholders, representatives, sureties, insurers, employees, architects, engineers, construction managers, predecessor, successors and/or assigns, relating to the Dispute (“LAE Releases”).       Packet Pg. 84 -3- 5.3 Civil Code Section 1542 Waiver. (a) With respect to the releases described in City Releases and LAE Releases, the Parties expressly waive all rights under California Civil Code section 1542 which provides that a general release does not extend to unknown or unsuspected claims which, if known, would have materially affected the settlement. California Civil Code section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” (b) The Parties acknowledge that they may hereafter discover facts different from, or in addition to, those which they now believe to be true with respect to the release of claims. The Parties agree that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or any discovery thereof. (c) The Parties further acknowledge and agree that waivers of rights under Section 1542 of the California Civil Code have been separately bargained for and are essential and material terms of this Settlement Agreement, and, without such waivers, this Settlement Agreement would not have been entered into. 6. Representations and Warranties. Each Party acknowledges that the other party to this Settlement Agreement has relied and is relying on the representations and warranties provided contained in the Settlement Agreement in entering into this Settlement Agreement. 7. Good Faith Cooperation. Each Party covenants and agrees to reasonably cooperate with the other party and act in good faith to effectuate the purposes of this Settlement Agreement, as stated herein. Each Party will take all steps, do all things, and sign, execute and deliver all documents reasonably necessary to give effect to this Settlement Agreement or to carry out and achieve the terms and conditions, goals, and the purposes of this Settlement Agreement. 8. Attorneys’ Fees. The Parties agree to bear their own attorneys’ fees and costs. However, in the event of any suit or proceeding arising from the enforcement or breach of this Settlement Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other permitted relief. 9. Headings. Section titles, headings, and captions herein are inserted as a matter of convenience and in no way define, limit, extend, or describe the scope of this Settlement Agreement or any provisions contained herein. 10. Severability. If any section, sentence, clause, or phrase in this Settlement Agreement shall become illegal, null, or void for any reason, or shall be held by a court of competent jurisdiction to be illegal null, void, or against public policy, the remaining sections,       Packet Pg. 85 -4- sentences, clauses, or phrases herein shall not be affected thereby and the balance of the Settlement Agreement shall remain fully enforceable consistent with the intent of the Parties as expressed herein. 11. Denial of Liability. This Settlement Agreement is the compromise of disputed Claims and nothing contained herein is to be construed as an admission of liability, obligation, or fault on the part of any of the Parties, each of whom expressly deny any liability, obligation, or fault; nor shall it be construed as an admission of the absence of any liability, obligation, or fault on the part of any of the Parties. This Settlement Agreement is intended merely to avoid potential or further litigation. 12. Independent Advice of Counsel. The Parties represent and declare that in executing this Settlement Agreement, they rely solely upon their own judgment, belief, and knowledge, and the advice and recommendations of their own independently selected counsel. 13. Voluntary Agreement. The Parties represent and declare that they have carefully read this Settlement Agreement and know the contents thereof, and that they have signed the same freely and voluntarily. 14. Authorization. Each person executing this Settlement Agreement represents and warrants that he or she has full and complete authority to bind and commit to this Settlement Agreement and to its provisions and the actions contemplated herein by the respective party on whose behalf the Settlement Agreement is signed. 15. Counterparts. The Parties agree this Settlement Agreement may be executed in counterparts or facsimile. PDF image signatures have the same force and effect as original signatures. A copy of the signed original of the Settlement Agreement may be used for all purposes for which a signed original can be used. 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. 16. Modification. This Settlement Agreement represents the entire understanding of the Parties 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. This Settlement Agreement may not be amended modified, or otherwise changed except by a written instrument duly signed by authorized representatives of all Parties. 17. Enforcement. Nothing in this Settlement Agreement shall be construed to prevent a party from bringing forward an action for enforcement of this Settlement Agreement. 18. Waiver. The waiver by one party of any provision or breach of this Settlement Agreement shall not be deemed a waiver by any other party of any other provision or breach of the Settlement Agreement. Further, the waiver by one party of any provision or breach of the       Packet Pg. 86 -5- Settlement Agreement shall not be deemed a waiver of any other provision or breach of the Settlement Agreement. A waiver shall not be effective unless in writing and signed by the party against whom waiver is asserted. 19. Governing Law; Venue. This Settlement Agreement, and any disputes arising under this Settlement Agreement, shall be governed, construed, and enforced in accordance with the laws of the State of California without giving effect to the provisions, policies, or principles relating to choice of law or conflict of laws. The Parties further acknowledge, agree, and stipulate that the venue for any action brought by either party to construe or enforce this Settlement Agreement shall be exclusively in the Superior Court of California for the County of San Bernardino. 20. Arms-Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Settlement Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This Settlement Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Settlement Agreement and the Parties agree that the drafting of this Settlement Agreement has been a mutual undertaking. IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement of the Effective Date set forth in Section 2 of the Settlement Agreement. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney LOS ANGELES ENGINEERING, INC. APPROVED BY: Angus O’Brien President ATTESTED BY: Melody Turner Controller       Packet Pg. 87 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Cheryl Weeks, Council Administrative Supervisor Department:Council Office Subject:City Board, Commission, and Citizen Advisory Committee Minutes Approved in August and September 2023 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 August and September 2023. Executive Summary Meeting minutes for the City’s Boards, Commissions, and Committees approved in August and September 2023 are presented to the Mayor and City Council to receive and file. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission, and citizen advisory committee meetings approved in August and September 2023 are presented for review by the Mayor and City Council including the: 1. Arts and Historical Preservation Commission - 7/17/2023 2. Charter Review Committee - 6/1/2023 3. Planning Commission - 7/11/2023 4. Public Safety and Human Relations Commission - 7/10/2023 and 8/14/2023       Packet Pg. 88 5. Water Board - 7/25/2023 and 8/8/2023 2021-2025 Strategic Targets and Goals Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target Number 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2023. Attachments Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in August and September 2023 Ward: All Wards Synopsis of Previous Council Actions: February 7, 2018 The Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.       Packet Pg. 89       Packet Pg. 90       Packet Pg. 91       Packet Pg. 92       Packet Pg. 93       Packet Pg. 94       Packet Pg. 95       Packet Pg. 96       Packet Pg. 97       Packet Pg. 98       Packet Pg. 99       Packet Pg. 100       Packet Pg. 101       Packet Pg. 102       Packet Pg. 103       Packet Pg. 104       Packet Pg. 105       Packet Pg. 106       Packet Pg. 107       Packet Pg. 108       Packet Pg. 109       Packet Pg. 110       Packet Pg. 111       Packet Pg. 112       Packet Pg. 113       Packet Pg. 114       Packet Pg. 115       Packet Pg. 116       Packet Pg. 117       Packet Pg. 118 1 5 9 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Suzie H. Soren, Director of Human Resources Department:Human Resources Subject:Senior Human Resources/Risk Analyst Classification Title Change Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147 1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and 2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Executive Summary Updating the Senior Human Resources/Risk Analyst job title to Supervising Human Resources Analyst to more accurately reflect the duties and responsibilities of the role. Background The Recruitment Division of the Human Resources Department engages in reviewing and updating the City’s position classifications. This includes ensuring that position classifications have titles that accurately describe their nature and intent. During a recent review of the positions within the Human Resources Department, the Senior Human Resources/Risk Analyst classification was assessed and determined to need a title update to accurately reflect the nature of the position. Discussion The current title of Senior Human Resources/Risk Analyst indicates that the position performs advanced human resources duties but does not indicate that the position supervises staff; however, within this classification an employee will manage the performance of employees in the execution of department assignments. This classification oversees a team comprised of professional, para-professional, technical, and/or clerical staff performing various human resources functions. In addition, the position has higher level professional assignments to be performed in a variety of human resource program areas such as developing City policies and procedures,       Packet Pg. 119 1 5 9 5 using specific supervisory techniques, and having concrete knowledge of legal requirements. Changing the classification title to Supervising Human Resources Analyst will provide an accurate, industry accepted title that describes the essential duties and responsibilities of this classification. There is no intention to change the job description or salary. There is only a proposed title change. As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2021-2025 Strategic Targets and Goals Approving the classification title change from Senior Human Resources/Risk Analyst to Supervising Human Resources Analyst aligns with Key Target 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality of talent. Fiscal Impact This is a classification title change only; therefore, there is no fiscal impact. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147 1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and 2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Attachments Attachment 1 – Resolution No. 2023-147 Attachment 2 – Exhibit A – City-wide Salary Schedule Ward: All Wards Synopsis of Previous Council Actions: August 16, 2023 Mayor and City Council adopted Resolution No. 2023-129 Amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions.       Packet Pg. 120 Resolution No. 2023-147 Resolution 2023-147 October 4, 2023 Page 1 of 3 3 3 2 9 RESOLUTION NO. 2023-147 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, UPDATING THE SENIOR HUMAN RESOURCES/RISK ANALYST CLASSIFICATION TITLE TO SUPERVISING HUMAN RESOURCES ANALYST; AND AMENDING THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS WHEREAS, The Recruitment Division of the Human Resources Department engages in reviewing and updating the City’s position classifications.; and WHEREAS, the current classification title of Senior Human Resources/Risk Analyst indicates that the classification does not supervise employees; and WHEREAS, the intent of the classification is that they supervise the performance of staff in their execution of department assignments; and WHEREAS, approving the classification title change from Senior Human Resources/Risk Analyst to Supervising Human Resources analyst will accurately reflect the nature and intent of the classification; and WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The classification title change from Senior Human Resources/Risk Analyst to Supervising Human Resources Analyst, is hereby and approved. SECTION 3. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved. 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       Packet Pg. 121 Resolution No. 2023-147 Resolution 2023-147 October 4, 2023 Page 2 of 3 3 3 2 9 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 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 122 Resolution No. 2023-147 Resolution 2023-147 October 4, 2023 Page 3 of 3 3 3 2 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-147, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 123 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $5,001.98 $6,080.40 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 $6,566.40 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,599.92 $4,374.65 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,716.48 $4,516.97 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 $4,747.69 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 $6,678.72 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,931.44 $8,425.18 MONTHLY MANAGEMENT 09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,821.59 $4,645.09 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 $4,956.53 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,775.07 $8,235.73 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 00300 APPRENTICE (PT)381 $2,969.00 $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $5,073.00 $6,167.11 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,688.31 $5,699.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 $7,239.73 MONTHLY GENERAL 10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 $10,704.25 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,201.75 $5,106.16 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 $23,765.30 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $16,184.19 $19,669.95 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED)385 $3,029.00 $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)486 $5,555.04 $6,752.06 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $4,106.44 $4,990.33 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $5,268.72 $6,403.92 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8 EXHIBIT A       Packet Pg. 124 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U)608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,878.95 $5,930.77 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,582.75 $6,785.31 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)613 $10,228.72 $12,431.96 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 $5,900.85 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 $8,401.84 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 $5,080.67 MONTHLY GENERAL 20271 BUYER 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,527.87 $4,288.20 MONTHLY GENERAL 10870 CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 10398 CHIEF DEPUTY CITY CLERK (U)565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $28,565.57 $28,565.57 MONTHLY EXECUTIVE 10399 CITY CLERK (U)NA $10,590.00 $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $3,125.00 $3,125.00 MONTHLY NA 10370 CITY MANAGER (U)NA $23,750.00 $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,591.59 $12,873.91 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,970.23 $9,688.20 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX)441 $4,437.83 $5,394.33 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 $6,468.91 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 $9,564.61 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 $4,141.90 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 $6,813.83 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 $5,867.00 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 427 $4,138.57 $5,030.79 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $9,093.96 $11,052.95 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT)362 $2,700.00 $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT)361 $2,687.00 $3,266.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8       Packet Pg. 125 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 20616 CUSTODIAL SUPERVISOR 477 $5,306.66 $6,449.49 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $3,083.43 $3,748.43 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 $4,100.89 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,545.61 $4,310.37 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,545.61 $4,310.37 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,373.81 $4,100.89 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,505.44 $5,476.35 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U)490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U)530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $14,357.90 $17,452.63 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10830 DEPUTY DIRECTOR OF OPERATIONS (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)612 $10,177.81 $12,370.22 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)678 $14,144.51 $17,192.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)662 $13,060.22 $15,874.39 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,462.01 $10,286.13 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,746.90 $11,471.16 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $11,133.20 $13,532.50 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $13,060.22 $15,874.39 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 $9,544.13 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)445 $4,527.60 $5,502.95 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,641.76 $5,642.60 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,258.00 $6,391.85 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 $6,050.47 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 $9,329.84 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8       Packet Pg. 126 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 $8,113.91 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)431 $4,221.70 $5,131.65 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 $4,576.37 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,201.75 $5,106.16 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U)430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT)361 $2,687.00 $3,266.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 $4,857.89 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,581.07 $4,353.59 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,372.43 $5,314.53 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT)361 $2,687.00 $3,266.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)448 $4,596.32 $5,586.08 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 478 $5,337.81 $6,488.27 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 543 $7,375.28 $8,964.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,676.49 $10,546.10 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,347.79 $6,500.32 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U)601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,284.61 $6,423.99 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,441.42 $4,182.91 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $6,132.78 $7,453.90 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,475.78 $4,225.02 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,688.31 $5,699.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 $4,810.23 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,878.95 $5,930.77 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)498 $5,763.74 $7,006.18 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 $7,818.59 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8       Packet Pg. 127 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 $11,593.56 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,573.05 $5,558.37 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 $6,141.36 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $34.77 $34.77 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,780.88 $8,242.79 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 $7,168.80 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,563.34 $4,331.43 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 $7,834.85 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,688.31 $5,699.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 $6,265.49 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,734.50 $6,970.44 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX)450 $4,641.76 $5,642.60 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,364.41 $6,520.41 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U)635 $11,414.83 $13,873.71 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 $6,951.14 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 $4,906.66 MONTHLY GENERAL 00361 LIBRARY PAGE (PT)361 $2,687.00 $3,266.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 $5,637.77 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX)380 $3,274.06 $3,980.08 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,653.12 $4,441.15 MONTHLY GENERAL 00133 LIFEGUARD (PT)370 $2,810.00 $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,642.18 $8,072.94 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)393 $3,493.51 $4,246.08 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,898.06 $4,738.19 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $4,097.56 $4,980.92 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX)476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U)476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U)506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 $5,960.70 MONTHLY GENERAL 00502 MAYOR NA $4,166.67 $4,166.67 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,891.16 $9,591.80 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 $9,834.43 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX)461 $4,903.33 $5,960.70 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,741.85 $8,194.75 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8       Packet Pg. 128 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,274.06 $3,980.08 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 $8,571.27 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,441.42 $4,182.91 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 $4,882.27 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,464.58 $7,857.58 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,782.52 $5,813.29 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)594 $9,303.66 $11,308.68 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)499 $5,927.45 $7,204.26 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $7,056.85 $8,578.62 MONTHLY GENERAL 30481 PLUMBER 450 $4,641.76 $5,642.60 MONTHLY GENERAL 00192 POLICE CADET (PT)NA $15.50 $17.00 HOURLY NA 00520 POLICE CALL TAKER (PT)396 $19.85 $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $19,412.09 $19,412.09 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,843.73 $8,318.78 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 $7,162.66 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX)425 $4,146.40 $5,040.29 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,839.53 $5,882.58 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 $4,353.59 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $16,494.29 $16,494.29 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,532.62 $10,059.74 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,201.75 $5,106.16 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 $6,045.29 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)369 $3,098.94 $3,767.28 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,441.42 $4,182.91 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,898.35 $12,962.73 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 $4,882.27 MONTHLY GENERAL 00331 POOL MANAGER I (PT)421 $3,624.00 $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT)443 $4,044.00 $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 $9,283.33 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 $3,967.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,821.59 $4,645.09 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $5,284.61 $6,423.99 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 $8,366.92 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8       Packet Pg. 129 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 $7,438.38 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U)598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,768.28 $5,796.24 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT)361 $2,687.00 $3,266.00 MONTHLY NA 00244 RECREATION LEADER (PT)368 $2,782.00 $3,382.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT)393 $3,152.00 $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $5,077.34 $6,172.39 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 $5,642.60 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT)371 $2,824.00 $3,433.00 MONTHLY NA 00265 SECURITY OFFICER II (PT)395 $3,183.00 $3,869.00 MONTHLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $6,016.12 $7,312.88 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 $5,235.84 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,527.60 $5,502.95 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,527.60 $5,502.95 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $4,209.34 $5,117.07 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 $5,825.49 MONTHLY CONFIDENTIAL 10689 SUPERVISING HUMAN RESOURCES ANALYST 559 $7,813.17 $9,496.47 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 $9,217.01 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 $6,664.97 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT)396 $3,199.00 $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U)556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 $11,196.02 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 $3,881.44 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)375 $3,120.72 $3,793.39 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,598.97 $9,236.82 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT)375 $2,881.00 $3,502.00 MONTHLY NA 10300 SHELTER VETERINARIAN 644 $11,938.02 $14,511.72 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 $5,642.60 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT)361 $2,687.00 $3,266.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,378.60 $10,184.31 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 $9,376.35 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 $8,528.08 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8       Packet Pg. 130 ADOPTED 09/06/23 EFFECTIVE 09/06/23 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/ MONTHLY UNIT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,641.76 $5,642.60 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 $6,684.45 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 $7,725.19 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,599.92 $4,374.65 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED)358 $2,933.80 $3,565.56 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 6/15/22 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8       Packet Pg. 131 CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- JOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service Monthly Pay Rates Effective July 1, 2023: Police Officer $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74 P-1 Detective/Corporal $8,746.90 $9,428.23 $10,109.56 $10,789.83 $11,471.16 P-2 Sergeant $9,898.35 $10,664.17 $11,430.00 $12,196.91 $12,962.73 P-3 Lieutenant -- -- -- -- $16,494.29 P-4 Captain -- -- -- -- $19,412.09 P-5 Assistant Chief -- -- -- -- $23,765.30 P-6       Packet Pg. 132 1 5 6 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely; Ed Erjavek, Library Director Department:Library Subject: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. 2023-148 approving: 1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received. Executive Summary This is the acceptance of grant funding after receipt of grant award letters and authorizing the Agency Director of Administrative Services to appropriate revenue and expenditures for English as a Second Language program and adjust budgets from the California Department of Education and Adult Literacy Services and Family Literacy Services from the California State Library for Literacy Program services in the FY 2023/24 Adopted Budget. Background The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is almost entirely grant funded. The Literacy Department budget, adopted by the Mayor and City Council, is a projection as the actual amounts from the California Department of Education and the       Packet Pg. 133 1 5 6 2 California State Library for California Library Literacy Services is not known until the fall of each year. The Literacy Program applies for these grants on annual basis. The California Department of Education funding is from the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board. Discussion Various services to help City residents improve their lives, besides basic literacy services, are also offered through the Jack L. Hill Lifelong Learning Center including citizenship classes, free computer classes, a Makerspace area where people can build and create items and homework assistance for students in kindergarten through eighth grade. We are offering after-school homework assistance both in-person at our libraries and via Zoom with a combination of Literacy Department staff and work study students from CSUSB. The use of the English as a Second Language (ESL) funds will also help the Literacy Program expand its hours of service, as prior it was open to the public 20 hours a week due to limited staffing capability. Plans for the ESL program include expanding marketing and outreach efforts, contracting an ESL teacher from the local Adult Education Consortium, as well as creating bilingual options for current class offerings. Using extra ESL funding we plan to contract dedicated CSUSB Federal Work Study students who can attend Homework Help and act as a liaison to encourage the adults of attending students to become lifelong learners. 2021-2025 Strategic Targets and Goals The acceptance and administration of this funding aligns with Key Target No. 1: Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service. Fiscal Impact There is no fiscal impact to the General Fund in FY 2023/24 with the acceptance of this grant as there are no fund match requirements. Click or tap here to enter text. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving: 1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services. 2.Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of       Packet Pg. 134 1 5 6 2 Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received. Attachments Attachment 1 - Resolution 2023-148 Attachment 2 - California Department of Education Grant Award Letter Attachment 3 - CLLS Adult Literacy and Family Literacy Grant Award Letter Attachment 4 - CLLS English as a Second Language Grant Award Letter Ward: All Wards Synopsis of Previous Council Actions: August 16, 2023 Mayor and City Council of the City of San Bernardino, California, approved the following: A technical correction of the grant funding that was accepted on November 2, 2022 (Resolution No. 2022- 231). Increasing the Library Department authorized staffing by two full-time positions one Assistant Literacy Program Coordinator and one Library Assistant for FY 2023/24. November 2, 2022 Mayor and City Council adopted Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received. March 2, 2022 Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.       Packet Pg. 135 1 5 6 2 Dec 1, 2021 Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating Budget in the amount of $414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California Department of Education.       Packet Pg. 136 Resolution No. 2023-148 Resolution 2023-148 October 4, 2023 Page 1 of 3 3 4 3 0 RESOLUTION NO. 2023-148 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING GRANT FUNDING IN THE AMOUNTS OF $99,287 FROM THE CALIFORNIA DEPARTMENT OF EDUCATON; $60,719 FOR ADULT LITERACY SERVICES, $20,615 FOR FAMILY LITERACY SERVICES AND $43,642 FOR ENGLISH AS A SECOND LANGUAGE FROM THE CALIFORNIA STATE LIBRARY FOR LITERACY PROGRAM SERVICES AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2023/24 ADOPTED BUDGET FOR THE LITERACY PROGRAM INCLUDING APPROPRIATING $43,642 IN BOTH REVENUES AND EXPENDITURES FOR THE ENGLISH AS A SECOND LANGUAGE PROGRAM AND ADJUSTING THE GRANT FUND BUDGETS FOR THE CALIFORNIA DEPARTMENT OF EDUCATION, ADULT LITERACY SERVICES AND FAMILY LITERACY SERVICES TO ACCOUNT FOR DIFFERENCES IN ESTIMATED GRANT FUNDING AND ACTUAL GRANT FUNDING RECEIVED. WHEREAS, the San Bernardino Public Library received grant funding in the amounts of $98,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services; and WHEREAS, the Library’s Literacy Program will utilize this funding for its programs and 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 Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Literacy Program including appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received.       Packet Pg. 137 Resolution No. 2023-148 Resolution 2023-148 October 4, 2023 Page 2 of 3 3 4 3 0 SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 138 Resolution No. 2023-148 Resolution 2023-148 October 4, 2023 Page 3 of 3 3 4 3 0 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-148, adopted at a regular meeting held on the 4th day of October 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk       Packet Pg. 139       Packet Pg. 140       Packet Pg. 141       Packet Pg. 142 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov September 7, 2023 Ed Erjavek San Bernardino Public Library 555 West 6th Street San Bernardino, CA 92410 Dear Mr. Erjavek, We’re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community. The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services. Your total award amounts for the 2023-2024 fiscal year beginning July 1, 2023, are: x Adult Literacy Services: $60,719 x Family Literacy Services: $20,615 x Total Award: $81,334 Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your Adult Literacy Services Award and 100% of your Family Literacy Services Award: x 90% of the Adult Literacy Award:$54,647 x 100% of the Family Literacy Award: $20,615 x Total Initial Award Amount: $75,262 Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet. Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2024. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 143 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov To ensure program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at Allyson.Jeffredo@library.ca.gov. We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website. The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached). All forms should be completed and signed through DocuSign to be processed for payment. Our library literacy staff are available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov,and your Grant Monitor Allyson Jeffredo, Allyson.Jeffredo@library.ca.gov, with any questions. Thank you for your willingness to do so much for those in your community. Best wishes for a successful year. Respectfully yours, Greg Lucas California State Librarian Cc: Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov Allyson Jeffredo, allyson.jeffredo@library.ca.gov Fiscal Office, stategrants.fiscal@library.ca.gov DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 144 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov Enc: Re: CLLS23-71: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 145 San Bernardino Public Library THE BASICS – YOUR GRANT AWARD The following provides basic information about your grant and managing your grant. Award #: CLLS23-71 Library: San Bernardino Public Library Total Award Amount: $81,334 APPROVED ALS BUDGET Salary and Benefits $38,219 Contract Staff $2,500 Operations $8,000 Library Literacy Materials $10,000 Small Equipment $2,000 Equipment ($5,000 or more per unit) $ 0 Subtotal $60,719 Indirect $ 0 Grant Total $60,719 APPROVED FLS BUDGET Salary and Benefits $16,000 Contract Staff $1,500 Operations $ 0 Library Literacy Materials $3,115 Small Equipment $ 0 Equipment ($5,000 or more per unit) $ 0 Subtotal $20,615 Indirect $ 0 Grant Total $20,615 Start Date: Upon execution End Date: June 30, 2024 Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor. CONTACT We want your project to be successful. Please work with the program staff listed below to implement your project: Literacy Analyst: Allyson Jeffredo Phone Number: (916) 603-6709 Email Address: allyson.jeffredo@library.ca.gov Library Programs Consultant: Beverly Schwartzberg Phone Number: (916) 701-6880 Email Address: beverly.schwartzberg@library.ca.gov DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 146 San Bernardino Public Library CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code. 555 West 6th Street, San Bernardino, CA 92410 SIGNED DATE Signature - Authorized representative Typed/Printed Name and Title of Authorized Representative Email address of authorized representative DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 9/11/2023 erjavek.ed@sbpl.org Library DirectorEdward R. Erjavek       Packet Pg. 147 San Bernardino Public Library PROJECT INFORMATION: Invoice #: CLLS23-71 Project Title: California Library Literacy Services Grantee: San Bernardino Public Library Funding Start Date: Upon execution Term Completion: June 30, 2024 DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 148 San Bernardino Public Library Total Award: $81,334 PAYMENT SCHEDULE: Libraries receive 90% of their Adult Literacy Services award and 100% of their Family Literacy Services award upon receipt of the award letter. Libraries receive the final payment of their Adult Literacy Services award after successful completion of the CLLS Mid-Year Report form. Note: Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1, 2023, in which the funds are awarded until December 31 the following year. Adult Literacy Services Family Literacy Services Total Allocation Initial Payment $54,647 $20,615 $75,262 Final Payment $6,072 $6,072 Total: $60,719 $20,615 $81,334 REPORTING: Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due. All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below. Mid-year Financial and Narrative Report Due January 31, 2024 Final Report Due September 30, 2024 Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 149 STATE FUNDED GRANTS AWARD AGREEMENT AND CERTIFICATE OF COMPLIANCE DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 150 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 1 of 27 TABLE OF CONTENTS PROJECT SUMMARY 2 PROCEDURES AND REQUIREMENTS A. Term of the Agreement 3 B. Scope of Work 3 C. Budget Detail 3 D. Narrative and Financial Reports 4 E. Claim Form and Payment 5 EXHIBIT A: TERMS AND CONDITIONS 7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22 Certification 25 EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27 DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 151 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 2 of 27 PROJECT SUMMARY AWARD AGREEMENT BETWEEN THE STATE LIBRARY and San Bernardino Public Library for the California Library Literacy Services project. AWARD AGREEMENT NUMBER CLLS23-71 This Award Agreement (“Agreement”) is entered into on July 1, 2023, by and between the California State Library (“State Library”) and San Bernardino Public Library, (“Grantee”). This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project. The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards. The Grantee was selected by the State Library to receive state grant funds in the amount of $81,334 through the process adopted by the State Library in administering such grants. The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows: DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 152 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 3 of 27 PROCEDURES and REQUIREMENTS A. Term of the Agreement The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024. B. Scope of Work 1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project. 2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following: • Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant. • Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project. • If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. • Oversee the implementation of project activities. C. Budget Detail The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 153 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 4 of 27 the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement. D. Narrative and Financial Reports 1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library. 2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports. 3. The reports shall be submitted by the following dates: Reporting Period Report Due Date July 1 - December 31 Mid-Year Report Due January 31, 2024 July 1 – June 30 Final Report Due September 30, 2024 4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. 5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information. E. Claim Form and Payment 1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 154 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 5 of 27 2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options. 3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period. 4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library. 5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. 6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied. 7. Prompt Payment Clause The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor. 8. Budget Contingency Clause a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement. b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 155 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 6 of 27 either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 156 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 7 of 27 EXHIBIT A: TERMS and CONDITIONS 1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name. The California State Library reserves the right to post project materials to its website that are in compliance with these standards. 2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator. b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is: “This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.” Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable: “Funding provided by the State of California.” DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 157 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 8 of 27 c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s). e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form. 3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever. 4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. 5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. 6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns. 7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 158 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 9 of 27 completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. 8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf. 9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below: San Bernardino Public Library Ed Erjavek 555 West 6th Street San Bernardino, CA 92410 erjavek.ed@sbpl.org (909) 381-8210 California State Library Allyson Jeffredo 900 N Street Sacramento, CA 95814 Allyson.jeffredo@library.ca.gov (916) 603-6709 1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act. 2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 159 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 10 of 27 of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor. 3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing. 4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library. 5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about all of the following: DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 160 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 11 of 27 1) The dangers of drug abuse in the workplace. 2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the Agreement will: 1) Receive a copy of the Grantee’s drug-free workplace policy statement. 2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above. 7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties. 8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. 9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee. 10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 161 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 12 of 27 12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold. 13. Federal and State Taxes: The State Library shall not: a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or c. Withhold Federal or State income taxes from Grantee’s payments. Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA. 14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended. 16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library. 17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. 18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 162 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 13 of 27 The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements. 19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports. 20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library. 21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project. 22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement. 23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to 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 Grantee in the performance of this Agreement. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 163 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 14 of 27 24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes: a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support. 25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $81,334 and shall be expended/encumbered in the designated award period. During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts. 26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986. 27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 164 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 15 of 27 §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article. Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement. 28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows: a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement. e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement. 29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 165 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 16 of 27 provisions that constitute this Agreement, the following order of precedence shall apply: a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements d. Certificate of Compliance e. Project Summary f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference. 30. Payment: a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement. d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld. e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 166 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 17 of 27 g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements. 31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. 32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled. 33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables. 34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq. 35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library. 36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists. 37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 167 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 18 of 27 format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties. 38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice. 39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program. 41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library. a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 168 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 19 of 27 d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award. e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner: o $75,262 upon execution of the agreement and submission of claim by the grantee organization. o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $6,072. 42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. 43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect. 44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project. 45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 169 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 20 of 27 shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination. 46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement. 47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement. Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion. 48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library. 49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 170 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 21 of 27 50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them. The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 171 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 22 of 27 EXHIBIT B: CERTIFICATION of COMPLIANCE FORM 1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program. 2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so. 3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian. 4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form. 5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $81,334. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian. 6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102). 7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 172 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 23 of 27 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.) 8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 173 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 24 of 27 If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420). Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)). 9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700). 10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.) 11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. 13. DRUG FREE WORKPLACE: a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. 14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards. 15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 174 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 25 of 27 16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements. Certification ORGANIZATION Name: Address (official and complete): PROJECT COORDINATOR Name: Email: Phone: GRANTEE AUTHORIZED REPRESENTATIVE Name: Title: Email: Phone: Signature: Date: DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 909-381-8210erjavek.ed@sbpl.org 909-381-8210 9/11/2023 Library Director San Bernardino Public Library Edward R. Erjavek 555 W. Sixth St., San Bernardino, CA. 92410 erjavek.ed@sbpl.org Ed Erjavek       Packet Pg. 175 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 26 of 27 Authorized Representative Signature ORGANIZATION Name: Address (official and complete): AUTHORIZED REPRESENTATIVE Signature: Date: Printed Name of Person Signing: Title: STATE OF CALIFORNIA Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date: Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 9/11/2023 Greg Lucas Library Director San Bernardino Public Library 555 W. Sixth St., San Bernardino, CA. 92410 9/11/2023 Edward R. Erjavek       Packet Pg. 176 San Bernardino Public Library California Library Literacy Services 2023-2024 CLLS23-71 Page 27 of 27 EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses: http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage: Rate subject to change $0.585 per mile – approved business/travel expense Meals: Receipts are required $7.00 – Breakfast $11.00 – Lunch $23.00 – Dinner $5.00 - Incidentals Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc. Hotel: Receipts are required and MUST have a zero balance. $ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento Counties $ 110.00 plus tax for Marin County $ 120.00 plus tax for Los Angeles, Orange, and Ventura Counties, and Edwards AFB. Excluding the city of Santa Monica $ 125.00 plus tax for Monterey and San Diego Counties $ 140.00 plus tax for Alameda, San Mateo and Santa Clara Counties $ 150.00 plus tax for the City of Santa Monica $ 250.00 plus tax for San Francisco County Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes. Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel. AIRLINE TICKETS: Itinerary and receipts are required Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 177 24 August 2023 RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine Dear Grantee, You are receiving this notification because you currently have an active grant through the California State Library. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine- Executive-Order.pdf. The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy- issues/financial-sanctions/sanctions-programs-and-country-information/ukraine- russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO. Annly Roman California State Library 900 N Street Sacramento, CA 95814 DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 178 CALIFORNIA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES FINANCIAL CLAIM 1st PAYMENT CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. By (Signature of the Authorized Representative) (Print Name) (Title) *Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at stategrants.fiscal@library.ca.gov. State of California, State Library Fiscal Office ENY: 2023 ITEM NO: 6120-213-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312 FAIN: N/A By Date (State Library Representative) Grant Award #: CLLS23-71 Date: Invoice #: CLLS23-71-01 PO #: 6718 Payee Name: City of San Bernardino (Legal name of authorized agency to receive, disburse and account for funds*) Complete Address: Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $75,262 Type of Payment: (Payable Upon Execution of Agreement) ☒ PROGRESS Grantee Name: San Bernardino Public Library ☐ FINAL (Name on Award Letter and Agreement) ☐ IN FULL Project Title: California Library Literacy Services ☐ AUGMENT For Period From: upon execution to end of grant period DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 Edward R. Erjavek 555 W. Sixth St., Sam Bernardino, CA. 92410 9/11/2023 Library Director 9/13/2023       Packet Pg. 179 STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) Section 1 – Payee Information NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2) CITY, STATE, ZIP CODE E-MAIL ADDRESS Section 2 – Entity Type Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP ☐ ESTATE OR TRUST ☐ LEGAL (e.g., attorney services) ☐ EXEMPT (e.g., nonprofit) ☐ ALL OTHERS Section 3 – Tax Identification Number Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN. The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. • • • • • • For Individuals, enter SSN. If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN. Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN. For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN). For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN. For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN. Social Security Number (SSN) or Individual Tax Identification Number (ITIN) ___ ___ ___ -___ ___ -___ ___ ___ ___ OR Federal Employer Identification Number (FEIN) ___ ___ -___ ___ ___ ___ ___ ___ ___ Section 4 – Payee Residency Status (See instructions) ☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California ☐Copy of Franchise Tax Board waiver of state withholding is attached. Section 5 – Certification I hereby certify under penalty of perjury that the information provided on this document is true and correct. Should my residency status change, I will promptly notify the state agency below. NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code) Section 6 – Paying State Agency Please return completed form to: STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION MAILING ADDRESS FAX TELEPHONE (include area code) CITY STATE ZIP CODE E-MAIL ADDRESS Print Form Reset FormDocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6 Sacramento Admin/Accounting accounting@library.ca.gov erjavek.ed@sbpl.org Library Director Edward R. Erjavek 9/11/2023 Ca. State Library 95814 916-603-7157 900 N Street CA 909-381-8210       Packet Pg. 180 STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) GENERAL INSTRUCTIONS Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099). NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts. A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business. Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC). Section 1 – Payee Information Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable). • Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name. Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name. Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address. Section 2 – Entity Type If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other Section 3 – Tax Identification Number The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations. Section 4 – Payee Residency Status Are you a California resident or nonresident? • A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California. • A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below: Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual. Section 6 – Paying State Agency This section must be completed by the state agency/department requesting the STD 204. Privacy Statement Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business. All questions should be referred to the requesting state agency listed on the bottom front of this form. DocuSign Envelope ID: 03CED631-0AFB-4D93-838B-6F1C99689AB6       Packet Pg. 181 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov July 12, 2023 Ed Erjavek San Bernardino Public Library 555 West 6th Street San Bernardino, CA 92410 Dear Mr. Ed Erjavek, We’re pleased to provide funds to support your English as a Second Language program and the important work that you, your staff, and your volunteers do for your community through the California Library Literacy Services program. In 2021-2022, the state budget included one-time California Library Literacy Services funding at $15 million for English as Second Language Services. These funds will be allocated over a five-year period. This award letter covers Year 3 of funding between July 1, 2023, and June 30, 2024. Your total award for the 2023-2024 fiscal year beginning July 1, 2023, is: x Total Award: $43,642 Your funds must be fully expended by June 30, 2024, in accordance with your approved budget on file with the State Library. The budget listed in your award packet indicates your original grant request. Your library may have to submit a new budget for review and approval to reflect your 2023-2024 English as a Second Language Services award. To ensure that program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at Allyson.Jeffredo@library.ca.gov. We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 182 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov Essentials. Additional California Library Literacy Services resources can also be found on the California Library Literacy Services webpage. The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached). All forms should be completed and signed through DocuSign to be processed for payment. Our library literacy staff is available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov, and your Grant Monitor Allyson Jeffredo, Allyson.Jeffredo@library.ca.gov, with any questions. Thank you for your willingness to do so much for those in your community. Best wishes for a successful year. Respectfully yours, Greg Lucas California State Librarian Cc: Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov Allyson Jeffredo, allyson.jeffredo@library.ca.gov Fiscal Office, stategrants.fiscal@library.ca.gov Dana Petersen, petersen.dan@sbpl.org Enc: Re: ESL21-3-38: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 183 San Bernardino Public Library THE BASICS – YOUR GRANT AWARD The following provides basic information about your grant and managing your grant. Award #: ESL21-3-38 Library: San Bernardino Public Library Total Award Amount: $43,642 ESL GRANT REQUEST Salary and Benefits $38,342 Contract Staff $3,000 Operations $3,300 Library Literacy Materials $8,000 Small Equipment $1,000 Equipment ($5,000 or more per unit) $0 Subtotal $53,642 Indirect $0 Award Difference to be Adjusted (included in grant total below) -$10,000 Grant Total $43,642 Start Date: Upon execution End Date: June 30, 2024 Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor. CONTACT We want your project to be successful. Please work with the program staff listed below to implement your project: Literacy Analyst: Allyson Jeffredo Phone Number: (916) 603-6709 Email Address: allyson.jeffredo@library.ca.gov Library Programs Consultant: Beverly Schwartzberg Phone Number: (916) 701-6880 Email Address: beverly.schwartzberg@library.ca.gov DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 184 San Bernardino Public Library CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code. 555 West 6th Street, San Bernardino, CA 92410 SIGNED DATE Signature - Authorized representative Typed/Printed Name and Title of Authorized Representative Email address of authorized representative DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 7/18/2023 Edward Erjavek Library Director erjavek.ed@sbpl.org       Packet Pg. 185 San Bernardino Public Library PROJECT INFORMATION: Invoice #: ESL21-3-38 Project Title: English as a Second Language Services Grantee: San Bernardino Public Library Funding Start Date: Upon execution Term Completion: June 30, 2024 DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 186 San Bernardino Public Library Total Award: $43,642 PAYMENT SCHEDULE: Libraries receive 100% of their 2023-2024 English as a Second Language Services award upon receipt of the award letter. Note: Libraries have 18 months to spend their 2023-2024 English as a Second Language Services award funds, from July 1, 2023, in which the funds are awarded until December 31, 2024. English as a Second Language Service Award Final Payment $43,642 Total $43,642 REPORTING: For the 2023-2024 program period, libraries will be required to submit a mid-year report and final report. Reminder emails will be sent out beginning six weeks before the required reports are due. All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below. Mid-Year Report Due January 31, 2024 Final Report Due September 30, 2024 Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 187 STATE FUNDED GRANTS AWARD AGREEMENT AND CERTIFICATE OF COMPLIANCE DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 188 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 1 of 27 TABLE OF CONTENTSTS PROJECT SUMMARYY 22 PROCEDURES AND REQUIRMENTS A. Term of the Agreement 3 B. Scope of Workrk 3 C. .Budget Detailail 3 D. .Narrative and Financial Reportsts 4 E. Claim Form and Paymentnt 55 EXHIBIT A: TERMS AND CONDITIONSNS 77 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORMM 22 Certification 25 EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSESES 27277 DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 189 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 2 of 27 PROJECT SUMMARY AWARD AGREEMENT BETWEEN THE STATE LIBRARY and San Bernardino Public Library for the English as a Second Language Services project. AWARD AGREEMENT NUMBER ESL21-3-38 This Award Agreement (“Agreement”) is entered into on July 1, 2023 by and between the California State Library (“State Library”) and San Bernardino Public Library, (“Grantee”). This Award Agreement pertains to Grantee’s State-funded English as a Second Language Services project. The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards. The Grantee was selected by the State Library to receive state grant funds in the amount of $43,642 through the process adopted by the State Library in administering such grants. The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows: DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 190 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 3 of 27 PROCEDURES and REQUIREMENTS A. Term of the Agreement The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024. B. Scope of Work 1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the English as a Second Language Services project. 2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following: xMaintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). xMake financial records available to the State Library upon request. xWork with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant. xPrepare and submit required narrative and financial reports. xProcure equipment, and other supplies as needed for the project. xIssue contracts for services, personnel, and consultants as needed for the project. xIf applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. xOversee the implementation of project activities. C. Budget Detail The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 191 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 4 of 27 the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement. D. Narrative and Financial Reports 1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library. 2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports. 3. The reports shall be submitted by the following dates: Reporting Period Report Due Date July – December 2023-2024 Mid-Year Report Due January 31, 2024 January – Project End Date 2023-2024 Final Report Due September 30, 2024 4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. 5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions, for more information. E. Claim Form and Payment 1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 192 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 5 of 27 2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options. 3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period. 4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library. 5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. 6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied. 7. Prompt Payment Clause The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor. 8. Budget Contingency Clause a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 193 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 6 of 27 b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 194 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 7 of 27 EXHIBIT A: TERMS and CONDITIONS 1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name. The California State Library reserves the right to post project materials to its website that are in compliance with these standards. 2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the English as a Second Language Services project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator. b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is: “This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.” Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable: “Funding provided by the State of California.” DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 195 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 8 of 27 c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s). e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form. 3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever. 4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. 5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. 6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns. 7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 196 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 9 of 27 whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. 8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf. 9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below San Bernardino Public Library Ed Erjavek 555 West 6th Street San Bernardino, CA 92410 erjavek.ed@sbpl.org (909) 381-8210 California State Library Allyson Jeffredo 900 N Street Sacramento, CA 95814 allyson.jeffredo@library.ca.gov 916-603-6709 10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act. 11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 197 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 10 of 27 contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor. 12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing. 13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library. 14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 198 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 11 of 27 b. Establish a Drug-Free Awareness Program to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the Agreement will: 1) Receive a copy of the Grantee’s drug-free workplace policy statement. 2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above. 16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties. 17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. 18. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee. 19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 199 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 12 of 27 made in writing and received by the California State Library at least 30 days prior to the final deadline. 21. Failure to Perform: The grant being utilized by the Grantee is to benefit the English as a Second Language Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold. 22. Federal and State Taxes: The State Library shall not: a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA. 23. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended. 25. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library. 26. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 200 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 13 of 27 27. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements. 28. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports. 29. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library. 30. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project. 31. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement. 32. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 201 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 14 of 27 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 Grantee in the performance of this Agreement. 33. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes: a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support. 34. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $43,642 and shall be expended/encumbered in the designated award period. During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts. 35. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986. 36. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 202 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 15 of 27 sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article. Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement. 37. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows: a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement. e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement. 38. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 203 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 16 of 27 Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements d. Certificate of Compliance e. Project Summary f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference. 39. Payment: a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement. d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 204 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 17 of 27 completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld. e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements. 40. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. 41. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled. 42. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables. 43. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq. 44. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library. 45. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 205 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 18 of 27 Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists. 46. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties. 47. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice. 48. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 49. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program. 50. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library. a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 206 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 19 of 27 b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award. e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner: o $43,642 upon execution of the agreement and submission of claim by the grantee organization. 51. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. 52. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect. 53. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 207 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 20 of 27 be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project. 54. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination. 55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement. 56. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement. Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion. 57. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 208 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 21 of 27 Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library. 58. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement. 59. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them. The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 209 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 22 of 27 EXHIBIT B: CERTIFICATION of COMPLIANCE FORM 1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program. 2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so. 3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian. 4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form. 5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $43,642. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian. 6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102). 7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 210 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 23 of 27 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.) 8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 211 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 24 of 27 If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420). Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)). 9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700). 10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.) 11. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. 13. DRUG FREE WORKPLACE: a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. 14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards. 15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 212 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 25 of 27 16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements. Certification ORGANIZATION Name: Address (official and complete): PROJECT COORDINATOR Name: Email: Phone: GRANTTEE AUTHORIZED REPRESENTATIVE Name: Title: Email: Phone: Signature: Date: DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 petersen.dan@sbpl.org erjavek.ed@sbpl.org 555 W. Sixth St., San Bernardino, CA. 92410 Dana Petersen Library Director 7/18/2023 Edward Erjavek San Bernardino Public Library 909-381-8215 909-381-8210       Packet Pg. 213 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 26 of 27 Authorized Representative Signature ORGANIZATION Name: Address (official and complete): AUTHROIZED REPRESENTATIVE Signature: Date: Printed Name of Person Signing: Title: STATE OF CALIFORNIA Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date: Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 7/18/2023 Greg Lucas 555 W. Sixth St., Library DirectorEdward Erjavek 7/18/2023 San Bernardino Public Library       Packet Pg. 214 San Bernardino Public Library English as a Second Language Services 2023-2024 ESL21-3-38 Page 27 of 27 EXHIBIT B: STATE REIMBURSABLE TRAVEL EXPENSES Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses: http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage: Rate subject to change $0.56 per mile – approved business/travel expense Meals: Receipts are required $7.00 – Breakfast $11.00 – Lunch $23.00 – Dinner $5.00 - Incidentals Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc. Hotel: Receipts are required and MUST have a zero balance. $ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento Counties $ 110.00 plus tax for Marin County $ 120.00 plus tax for Los Angeles, Orange, and Ventura Counties, and Edwards AFB. Excluding the city of Santa Monica $ 125.00 plus tax for Monterey and San Diego Counties $ 140.00 plus tax for Alameda, San Mateo and Santa Clara Counties $ 150.00 plus tax for the City of Santa Monica $ 250.00 plus tax for San Francisco County Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes. Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel. AIRLINE TICKETS: Itinerary and receipts are required Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 215 5 June 2023 RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine Dear Grantee, You are receiving this notification because you currently have an active grant through the California State Library. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO. Annly Roman California State Library 900 N Street Sacramento, CA 95814 DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 216 California Library Literacy and English Acquisition Services FINANCIAL CLAIM PAYMENT IN FULL CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. By (Signature of the Authorized Representative) (Print Name) (Title) *Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at stategrants.fiscal@library.ca.gov. State of California, State Library Fiscal Office ENY: 2021 ITEM NO: 6120-2131-0001, Chapter 240, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312 By Date (State Library Representative) Grant Award #: ESL21-3-38 Date: Invoice #: ESL21-3-38-01 PO #: Payee Name: San Bernardino Public Library (Legal name of authorized agency to receive, disburse and account for funds*) Complete Address: Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $43,642 Type of Payment: (Payable Upon Execution of Agreement) ☐ PROGRESS Grantee Name: San Bernardino Public Library ☐ FINAL (Name on Award Letter and Agreement) ☒ IN FULL Project Title: English as a Second Language ☐ AUGMENT For Period From: upon execution to end of grant period DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 7/18/2023 Library Director 555 W. Sixth St., San Bernardino, CA. 92410 Edward Erjavek 6348 7/19/2023       Packet Pg. 217 STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) Section 1 – Payee Information NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2) CITY, STATE, ZIP CODE E-MAIL ADDRESS Section 2 – Entity Type Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP ☐ ESTATE OR TRUST ☐ LEGAL (e.g., attorney services) ☐ EXEMPT (e.g., nonprofit) ☐ ALL OTHERS Section 3 – Tax Identification Number Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN. The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. • • • • • • For Individuals, enter SSN. If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN. Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN. For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN). For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN. For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN. Social Security Number (SSN) or Individual Tax Identification Number (ITIN) ___ ___ ___ -___ ___ -___ ___ ___ ___ OR Federal Employer Identification Number (FEIN) ___ ___ -___ ___ ___ ___ ___ ___ ___ Section 4 – Payee Residency Status (See instructions) ☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California ☐Copy of Franchise Tax Board waiver of state withholding is attached. Section 5 – Certification I hereby certify under penalty of perjury that the information provided on this document is true and correct. Should my residency status change, I will promptly notify the state agency below. NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code) Section 6 – Paying State Agency Please return completed form to: STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION MAILING ADDRESS FAX TELEPHONE (include area code) CITY STATE ZIP CODE E-MAIL ADDRESS Print Form Reset FormDocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3 erjavek.ed@sbpl.org CA Ca. State Library 95814 909-381-8210 900 N Street Sacramento Admin/Accounting accounting@library.ca.gov Ed Erjavek Library Director 07/18/2023 916-603-7157       Packet Pg. 218 STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) GENERAL INSTRUCTIONS Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099). NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts. A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business. Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC). Section 1 – Payee Information Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable). • Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name. Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name. Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address. Section 2 – Entity Type If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other Section 3 – Tax Identification Number The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations. Section 4 – Payee Residency Status Are you a California resident or nonresident? • A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California. • A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below: Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual. Section 6 – Paying State Agency This section must be completed by the state agency/department requesting the STD 204. Privacy Statement Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business. All questions should be referred to the requesting state agency listed on the bottom front of this form. DocuSign Envelope ID: B7B0726E-1BC8-43D9-9951-1948FF710DD3       Packet Pg. 219 1 5 7 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date: October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Ed Erjavek, Library Director Department:Library Subject:Library Revenue and Expense Budget (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving: 1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures. Executive Summary The Library recently received a total of $10,778.85 from three sources of revenue: the Inland Library System (ILS), the New Hope Missionary Baptist Church and the San Bernardino Emblem Club No.178. To utilize these funds for programmatic purposes it is recommended that the Mayor and City Council formally accept the funds and amend the FY 2023/24 Adopted Budget. Background San Bernardino Public Library (SBPL) has recently received additional revenue from- three sources: •$10,400.00 from the Inland Library System (ILS) for electronic resources for patrons. •A donation of $163.00 was received from the San Bernardino Emblem Club       Packet Pg. 220 1 5 7 4 No.178 for children’s projects and/or books. •$215.85 from New Hope Missionary Baptist Church for the replacement of library books at Inghram Branch Library. The Library has received electronic resources funding from the Inland Library System and the donation from San Bernardino Emblem Club No. 178 annually for the last several years. The revenue from new Hope Missionary Baptist Church is one-time funding. Discussion The funds listed above need to be added to the Library revenue and expense budget. The $10,400.00 in ILS funds are for e-content and have traditionally been dedicated to purchasing Overdrive eBook and eAudiobook content for library cardholders. 2021-2025 Strategic Targets and Goals The acceptance and administration of this funding aligns with Key Target No. 1: Financial Stability and Key Target No. 3: Improved Quality of Life, by improving customer service. Fiscal Impact There is no net impact to the General Fund. Both revenue and expenditure will be increased in the amount of $10,778.85. Revenues received will directly offset the expenses incurred to purchase content for its patrons. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving: 1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures. Attachments Attachment 1 Resolution 2023-149 Ward All Wards Synopsis of Previous Council Actions March 1, 2023 The Mayor and City Council Adopted Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California.       Packet Pg. 221 1 5 7 4       Packet Pg. 222 Resolution No. 2023-149 Resolution 2023-149 October 4, 2023 Page 1 of 3 3 2 8 0 RESOLUTION NO. 2023-149 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING FUNDING OF $10,400 FROM THE INLAND LIBRARY SYSTEM, $215.85 FROM THE NEW HOPE MISSIONARY BAPTIST CHURCH AND $163 FROM SAN BERNARDINO EMBLEM CLUB NO. 178 AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2023/24 ADOPTED BUDGET FOR THE LIBRARY INCLUDING APPROPRIATING $10,778.85 IN REVENUES AND EXPENDITURES. WHEREAS, Accepting funding of $10,400 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163 from San Bernardino Emblem Club No. 178; and WHEREAS, the San Bernardino Public Library will utilize this funding to increase its materials and resources for its Library cardholders; and 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 Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including appropriating $10,778.85 in revenues and expenditures. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 223 Resolution No. 2023-149 Resolution 2023-149 October 4, 2023 Page 2 of 3 3 2 8 0 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 224 Resolution No. 2023-149 Resolution 2023-149 October 4, 2023 Page 3 of 3 3 2 8 0 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-149, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members:AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this day of 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 225 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Lydie Gutfeld, Director of Parks, Recreation, and Community Services Department:Parks, Recreation, and Community Services Subject:Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing: 1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667; 2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget; 3. Agency Director of Administrative Services, or designee, to approve purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows: a. Sysco Foods: $183,500 b. Hollandia Dairy: $23,500 c. Consulting Health Nutrition Services, Inc.: $17,000 4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met. Executive Summary Grant funds from the Older Californians Nutrition Program have been awarded to the City in the amount of $376,667 for fiscal year (FY) 2023/24. Funds are administered by San Bernardino County Department of Aging and Adult Services – Public Guardian and will enable the City to continue providing services to older adults through its Senior Nutrition Program. An additional $20,000 is requested to ensure the needs of the       Packet Pg. 226 community are met. The Older Californians Nutrition Program grant period runs July 1, 2023, through June 30, 2024. Background The City of San Bernardino administers the Senior Nutrition Program for older adults ages 60 years and older throughout the city. The program provides lunch and dinner meals Monday through Friday year-round at six (6) nutrition sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center. Meals are prepared in the main kitchen at the 5th Street Senior Center and safely delivered to the other sites. Participants have the option to dine in or pick up their meal to take home. During FY 2022/23, a total of 60,741 meals were provided and, on average, 275 individual clients were served per day. The City’s Senior Nutrition Program is supported by grant funds from the Older Californian Nutrition Program, which are administered locally through San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS-PG). On June 1, 2022, the City entered into an agreement with DAAS-PG to provide senior nutrition services to residents; the term of the agreement is through June 30, 2025. On June 15, 2022, the Mayor and City Council approved Request for Qualification No: F-22-53 for Food Supplies and Consumable Products for the Senior Nutrition Program, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best responsive bidders. Subsequently, three (3) year agreements with the option to extend twice in one-year increments were approved; annual purchase orders would be issued. In addition to these agreements, an agreement was also executed to Consulting Health Nutrition Services, Inc. for the same terms to provide nutrition and health counseling to participants. Issuing annual purchase orders ensures the City continues to provide these critical services without interruption or delays. Due to rising costs of food and fuel and the increase in the number of meals provided, staff have determined that additional funding will be needed from the General Fund to ensure the City can continue to meet the needs of the community amid increasing service levels. Staff estimate the increased cost to be approximately $20,000 more than what was allocated in the FY23/24 budget for the Senior Nutrition Program. Discussion On September 11, 2023, DAAS-PG issued a Budget Approval to the City of San Bernardino for the Senior Nutrition Program for FY 2023/24 in the amount of $376,667. This is an increase from the previous year’s allocation of $369,749, citing a 21% increase in the number of meals served and the opportunity for additional mid-year funding. The allocation is for the second (2nd) year of the three (3) year grant cycle. The City projects serving at least 62,300 meals during this fiscal year at the six nutrition sites.       Packet Pg. 227 Funds from the grant will pay for these PO encumbrances. The three vendors recommended for PO approval are food vendors for raw foods and services for menu and senior nutrition consultation. FY2023/2024 is the first of the two one-year renewals. Staff recommends approval for the issuance of purchase orders as follows: Sysco Foods: $183,500 Hollandia Dairy: $23,500 Consulting Health Nutrition Services: $17,000 2021-2025 Strategic Targets and Goals This proposal aligns with Goal No. 1: Financial Stability by securing a long-term revenue source, and Goal No. 3: Improved Quality of Life by providing low-cost nutritious meals for the senior aged population. Fiscal Impact An additional $20,000 for the operations of the Older Californians Nutrition Program is requested to cover the projected costs to meet the needs of the community in FY 23/24. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing: 1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667; 2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget; 3. Agency Director of Administrative Services, or designee, to approve purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows: a. Sysco Foods: $183,500 b. Hollandia Dairy: $23,500 c. Consulting Health Nutrition Services, Inc.: $17,000 4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met. Attachments 1. Attachment 1 RESOLUTION 2023-150, 2023-2024 Older Californian Nutrition Program Grant, 2nd Year 2. Attachment 2 2022-25 OCNP Grant, Exhibit A – County Contract No. 22- 666 3. Attachment 3 2022-25 OCNP Grant Intent to Award 4. Attachment 4 2022-23 OCNP Grant Program Budget Detail Sheet       Packet Pg. 228 Ward: All Wards Synopsis of Previous Council Actions: June 15, 2022 Mayor and City Council adopted Resolution No. 2022-126, approving San Bernardino County Department of Aging and Adult Services (DAAS) Contract No. 22-666 for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025; ratifying the Grant Budget submittal and accepting the Grant Award of $348,749.       Packet Pg. 229 Resolution No. 2023-150 Resolution 2023-2023 October 4, 2023 Page 1 of 4 3 4 4 8 RESOLUTION NO. 2023-150 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING RESOLUTION NO. 2023-XXX, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE DEPARTMENT OF AGING AND ADULT SERVICES – PUBLIC GUARDIAN (DAAS-PG) GRANT AWARD IN THE AMOUNT OF $376,667, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES, OR DESIGNEE, TO APPROPRIATE THE GRANT FUNDS TO THE FY 23/24 OPERATING BUDGET, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES, OR DESIGNEE, TO APPROVE CERTAIN RELATED PURCHASE ORDERS FOR CONTINUED OPERATION OF THE OLDER CALIFORNIANS NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, SYSCO FOODS ($183,500), HOLLANDIA DAIRY ($23,500), AND CONSULTING NUTRITION SERVICES ($17,000), AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES, OR DESIGNEE, TO AMEND THE FY 23/24 OPERATING BUDGET FOR SENIOR NUTRITION TO $105,000, INCLUDING AN ADDITIONAL $20,000 TO ENSURE THE NEEDS OF THE PROGRAM ARE MET. WHEREAS, on May 23, 2022, the County of San Bernardino Department of Aging and Adult Services (DAAS) issued a contract for approval by the City of San Bernardino to provide Elderly (Older Californians) Nutrition Program Services for the three (3) year grant cycle in the amount of $1,220,000 for the contract term of July 1, 2022 through June 30, 2025; and, WHEREAS, the City of San Bernardino submitted a request for approval of a proposed FY 2023-24 Older Californians Nutrition Program Grant Budget to the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) for the second year of a three (3) year grant cycle to provide an Older Californians Nutrition Meal Program; and WHEREAS, on September 11, 2023, the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) issued an e-mail of Budget Approval (City of San Bernardino IIIC 2023-24 Orig. Budget Completed Revised 8-29-23) to the City of San Bernardino, approving a County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget for FY2023-24 to provide Elderly (Older Californians) Nutrition Program Services; and,       Packet Pg. 230 Resolution No. 2023-150 Resolution 2023-2023 October 4, 2023 Page 2 of 4 3 4 4 8 WHEREAS, on April 6, 2022, the Purchasing Division of the Finance Department issued RFQ No. F-19-47 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders, with a multi- year service contract. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize the City Manager or his Designee to accept the Department of Aging and Adult Services – Public Guardian (DAAS-PG) Grant Award Budget in the amount of $376,667; and SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance, or designee, to adjust the existing budget appropriations amongst the Parks, Recreation and Community Services accounts to accurately reflect the grant budget and grant match budget consistent with the adopted staff report; and SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services, or designee, to approve certain related purchase orders for continued operation of the Older Californians Nutrition Program for the Period of July 1, 2023, through June 30, 2024; Sysco Foods ($183,500), Hollandia Dairy ($23,500), and Consulting Health Nutrition Services ($17,000), and include an additional $20,000 to ensure the needs of the program are met for FY 23/24.. SECTION 6.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023.       Packet Pg. 231 Resolution No. 2023-150 Resolution 2023-2023 October 4, 2023 Page 3 of 4 3 4 4 8 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 232 Resolution No. 2023-150 Resolution 2023-2023 October 4, 2023 Page 4 of 4 3 4 4 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 Resolution No. 2023-150, adopted at a regular meeting held on the 4th day of October, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 233       Packet Pg. 234       Packet Pg. 235       Packet Pg. 236       Packet Pg. 237       Packet Pg. 238       Packet Pg. 239       Packet Pg. 240       Packet Pg. 241       Packet Pg. 242       Packet Pg. 243       Packet Pg. 244       Packet Pg. 245       Packet Pg. 246       Packet Pg. 247       Packet Pg. 248       Packet Pg. 249       Packet Pg. 250       Packet Pg. 251       Packet Pg. 252       Packet Pg. 253       Packet Pg. 254       Packet Pg. 255       Packet Pg. 256       Packet Pg. 257       Packet Pg. 258       Packet Pg. 259       Packet Pg. 260       Packet Pg. 261       Packet Pg. 262       Packet Pg. 263       Packet Pg. 264       Packet Pg. 265       Packet Pg. 266       Packet Pg. 267       Packet Pg. 268       Packet Pg. 269       Packet Pg. 270       Packet Pg. 271       Packet Pg. 272       Packet Pg. 273       Packet Pg. 274       Packet Pg. 275       Packet Pg. 276       Packet Pg. 277       Packet Pg. 278       Packet Pg. 279       Packet Pg. 280       Packet Pg. 281       Packet Pg. 282       Packet Pg. 283       Packet Pg. 284       Packet Pg. 285       Packet Pg. 286       Packet Pg. 287       Packet Pg. 288       Packet Pg. 289       Packet Pg. 290       Packet Pg. 291       Packet Pg. 292       Packet Pg. 293       Packet Pg. 294       Packet Pg. 295       Packet Pg. 296       Packet Pg. 297       Packet Pg. 298       Packet Pg. 299       Packet Pg. 300       Packet Pg. 301       Packet Pg. 302       Packet Pg. 303       Packet Pg. 304       Packet Pg. 305       Packet Pg. 306       Packet Pg. 307       Packet Pg. 308       Packet Pg. 309       Packet Pg. 310       Packet Pg. 311       Packet Pg. 312       Packet Pg. 313       Packet Pg. 314       Packet Pg. 315       Packet Pg. 316       Packet Pg. 317       Packet Pg. 318       Packet Pg. 319       Packet Pg. 320       Packet Pg. 321       Packet Pg. 322 Schedule "H"CITY OF SAN BERNARDINO, CALIFORNIA DEPARTMENT: Parks & Recreation PROJECT #: 0513 Sr. Nutrition Grant 2023-24 Account Number Description FY2023-24 BUDGET ESTIMATES MATCH TOTAL Grant Name:123-380-0513 001-380-0514 Salaries 5011 Salaries perm/fulltime 77,796 77,796 5013 Automobile allowance - 5014 Salaries temp/parttime 151,422 29,524 180,946 5015 Overtime - Total: Salaries 229,218 29,524 258,742 Benefits 5026 PERS retirement 7,543 7,543 5027 Health and life insurance 9,060 9,060 5028 Unemployment insurance - 5029 Medicare 3,811 3,811 5034 CalPERS Unfunded Liability 20,000 20,000 Total: Benefits 20,414 20,000 40,414 Total: Salaries & benefits 249,632 49,524 299,156 Maintenance and Operations 5111 Material and supplies - 5112 Small tools & equip (consumables)19,000 19,000 5114 Raw foods 85,935 102,065 188,000 5122 Dues and subscriptions - 5131 Mileage - 5132 Meetings and conferences - 5133 Education and training - 5150 Utilities 69,802 69,802 5172 Equipment maintenance 3,000 3,000 5174 Printing charges - 5175 Postage - 5176 Copy machine charges - 5181 Other operating expense 3,600 3,600 5186 Civic and promotional - 5193 Grant match - Total: Maintenance and Operations 111,535 171,867 283,402 Contract Services 5502 Professional/contractual services - 5505 Other professional services 15,500 1,500 17,000 Total: Contractual Services 15,500 1,500 17,000 Internal Service Charges 5601 Garage charges -- 5602 Workers compensation -- 5603 Liability - 5604 IT charges in-house - 5605 Telephone support - 5606 Electric - 5612 Fleet charges - fuel - Total: Internal Service Charges --- Capital Outlay 5703 Communications equipment - Total: Capital Outlay --- Credit/billables 5910 Credit - federal and state program funding - Total: Credit/billables --- Total: Non-Personnel Expenses 127,035 173,367 300,402 Grant Total 376,667 222,891 599,558 Revised 9-13-23 9/18/2023       Packet Pg. 323 1 6 1 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Lydie Gutfeld, Director of Parks, Recreation, and Community Services Department:Parks, Recreation, and Community Services Subject:2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award; All Wards Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-151, 1. Accepting the Senior Companion Program grant award in the amount of $332,662, and 2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024. Executive Summary Grant funds for the Senior Companion Program have been awarded in the amount of $332,662 for fiscal year 2023/24. The grant match requirement is a minimum of 10% of the total awarded amount. Funds are administered by the Corporation for National and Community Service (AmeriCorps for Seniors) and will enable the city to provide continued services to our aging population. Background Since 1975, the City has participated in the federally funded Senior Companion Program (SCP), whereby Senior Companion Volunteers have assisted the City’s senior-age adult residents with physical, emotional, and/or mental health needs. Most of the residents are elderly and have no family in the area. Senior Companion Volunteers provide the following services: companionship, grocery shopping, transportation to medical appointments and personal errands, and providing relief for caregivers. The volunteers must be 55 years of age or older, meet established income eligibility guidelines, and pass a criminal background check. They serve       Packet Pg. 324 1 6 1 9 between 10 to 40 hours per week and receive an hourly stipend of $4 per hour, as well as the following: accidental liability and excess automobile insurance coverage, assistance with the cost of transportation, and onboarding physical examinations. The Senior Companion Volunteers are not only contributing to the community, they are also participating in a program that can give them a sense of purpose and belonging, keeps them active, and benefits their health and longevity. In 2022/2023, approximately 20 Senior Companion Volunteers provided 47 clients with 19,155 hours of service. Discussion The City received a Notice of Grant Award in the amount of $332,662 from AmeriCorps for Seniors for fiscal year (FY) 2023/2024. This is the third year of a three-year grant cycle (07/01/2021 – 06/30/2024) and is included in the FY 2023/24 Budget and Budget Narrative for the administration and operation of the Senior Companion Program. The proposed budget also specifies the City’s obligated grant match. The grant match requirement is a minimum of 10% of the total awarded amount. The FY 2023/2024 budget includes City-funded program costs in Account No. 001-380-0509 to fulfill the City’s grant match obligation in the amount of $112,368, and to fund the program at the level it has historically operated. It is estimated that our Senior Companion Volunteers will provide clients with 19,500 hours of service this year. 2021-2025 Strategic Targets and Goals The grant submission for the Senior Companion Program aligns with Strategic Target No 1: Improved Operational & Financial Capacity by securing a long-term revenue source, and creating a framework for spending decisions; Strategic Target No 2: Focused, Aligned Leadership and Unified Community by implementing a community engagement plan that builds a culture that attracts, retains, and motivates the highest quality volunteers; and Strategic Target No 3: Improved Quality of Life by providing assistance to seniors in the community. Fiscal Impact There is no impact to the General Fund with the acceptance of this grant. Budget amounts for both the grant and the required match were adopted as part of the FY 23/24 operating budget. This appropriation requires only an adjustment to the amounts estimated during budget adoption. This “true-up” to the actual grant received is completed annually. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California" prior to adopt Resolution No. 2023-151, 1. Accepting the Senior Companion Program grant award in the amount of $332,662, and       Packet Pg. 325 1 6 1 9 2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024. Attachments Attachment 1 –Resolution No. 2023-151, 2023-2024 Senior Companion Program Grant, 3rd Year Attachment 2 –2021-2022 SCP Grant Application Attachment 3 –2023-2024 SCP Notice of Grant Award – Yr. 3 of 3 Attachment 4 - 2023-2024 SCP Grant Budget & Budget Narrative, Yr. 3 of 3 Ward: All Wards Synopsis of Previous Council Actions: August 17, 2022 The Mayor and City Council approved Resolution No. 2022-180 ratifying the grant application submittal, accepting the grant award of $332,662 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2022 through June 30, 2023. June 16, 2021 The Mayor and City Council approved Resolution No. 2021-153 ratifying the grant application submittal, accepting the grant award of $324,812 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2021 through June 30, 2022. July 15, 2020 The Mayor and City Council adopted Resolution No. 2020-170 ratifying the grant application submittal, accepting the grant award of $324,812 and authorizing the Director of Finance or designee to amend the FY2020/21 adopted budget accordingly for the Senior Companion Program for the period of July 1, 2020 through June 30, 2021.       Packet Pg. 326 Resolution No. 2023-151 Resolution 2023-151 October 4, 2023 Page 1 of 3 3 3 7 0 RESOLUTION NO. 2023-151 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPYING RESOLUTION NO. 2023-151, ACCEPTING THE GRANT AWARD IN THE AMOUNT OF $332,662, AND APPROPRIATING THE SENIOR COMPANION PROGRAM GRANT FUNDS FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 WHEREAS, the City submitted a Grant Application for federal assistance on March 06, 2023, requesting funding for Year THREE of a 3-Year Grant Allocation for the Senior Companion Program; and WHEREAS, the Notice of Grant Award was received by the City for the Senior Companion Program on June 21, 2023; and WHEREAS, the City has participated in the federally funded Senior Companion Program for 48 years; and WHEREAS, individuals ages 55 years and older provide services that promote independent living of senior-age residents who have physical, emotional, or mental limitations and needs that prevent them from fulfilling daily living tasks; and WHEREAS, 20 individual Senior Companion Volunteers assisted 47 residents with 19,155 service hours; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratify the submission of a grant application for year three of the Corporation of National and Community Service’s (AmeriCorps Seniors) Senior Companion Program (SCP) in the total amount of $445,030. SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept the grant award in the amount of $332,662. SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize the Agency Director of Administrative Services to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024.       Packet Pg. 327 Resolution No. 2023-151 Resolution 2023-151 October 4, 2023 Page 2 of 3 3 3 7 0 SECTION 5. The grant award and matching funds, together totaling $445,030, are for operation of the Senior Companion Program from July 1, 2023, through June 30, 2024. SECTION 6.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 328 Resolution No. 2023-151 Resolution 2023-151 October 4, 2023 Page 3 of 3 3 3 7 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-151, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 329 Page 1 STATE APPLICATION IDENTIFIER: 21SCICA004 FEDERAL IDENTIFIER: 22SC244754 2b. APPLICATION ID: 3. DATE RECEIVED BY STATE: 03/10/22 4. DATE RECEIVED BY FEDERAL AGENCY: San Bernardino, California, City ofLEGAL NAME: 290 N D ST Jamie DanielsNAME: (909) 384-5132 TELEPHONE NUMBER: (909) 889-9801 FAX NUMBER: daniels_ja@sbcity.orgINTERNET E-MAIL ADDRESS: 956000772 6. EMPLOYER IDENTIFICATION NUMBER (EIN):7. TYPE OF APPLICANT: 8. TYPE OF APPLICATION (Check appropriate box). If Amendment, enter appropriate letter(s) in box(es): 94.01610a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: Senior Companion Program10b. TITLE:SCP of San Bernardino 11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: San Bernardino County: The San Bernardino Valley cities of San Bernardino, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, Colton, Blooming 12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc): 07/01/21START DATE:06/30/24END DATE:CA 31 $ 332,662.00a. FEDERAL $ 141,841.00b. APPLICANT $ 0.00c. STATE $ 141,841.00d. LOCAL $ 0.00e. OTHER $ 474,503.00g. TOTAL Mitchell J. Assumma a. TYPED NAME OF AUTHORIZED REPRESENTATIVE:b. TITLE: (909) 384-5413 c. TELEPHONE NUMBER: 05/31/22 e. DATE SIGNED: Local Government, Municipal 2a. DATE SUBMITTED TO CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (CNCS): 1. TYPE OF SUBMISSION: Non-Construction 5. APPLICATION INFORMATION NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes): ADDRESS (give street address, city, state, zip code and county): A. AUGMENTATION B. BUDGET REVISION C. NO COST EXTENSION D. OTHER (specify below): 9. NAME OF FEDERAL AGENCY: Corporation for National and Community Service 13. PROPOSED PROJECT:14. CONGRESSIONAL DISTRICT OF: 15. ESTIMATED FUNDING:16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE: 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? YES if "Yes," attach an explanation.NOX 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. APPLICATION FOR FEDERAL ASSISTANCE San Bernardino CA 92401 - 1734 NEW CONTINUATION AMENDMENTX 7b. 7a. 03/10/22 Local Government - Municipal f. PROGRAM INCOME $ 0.00 PART I - FACE SHEET DUNS NUMBER:073604563 Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System)Application NEW/PREVIOUS GRANTEE 11.b. CNCS PROGRAM INITIATIVE (IF ANY): X NO. PROGRAM IS NOT COVERED BY E.O. 12372 d. SIGNATURE OF AUTHORIZED REPRESENTATIVE: Year #: X 2 a.Applicant b.Program CA 31 County: UEI NUMBER:EJLMHR1CMKM7       Packet Pg. 330 Page 2 For Official Use Only Narratives Executive Summary Strengthening Communities An estimated 50 AmeriCorps Seniors SCP volunteers will serve. All 50 AmeriCorps Senior Volunteers will be placed in Outcome assignments. Some of their activities will include Companionship, Light Housekeeping, Assistance with Meal Prep/Nutrition, Transportation, Family Caregiver Respite and Social Activities. The primary focus area of this project is Healthy Futures. At the end of the three-year grant, all independent in-home clients are expected to be less socially isolated and able to remain living at home for a longer period of time; all respite clients are expected to allow family caregivers the ability to go to work/attend to personal affairs. The AmeriCorps federal investment of $332,662 will be supplemented by $135,460 from the City of San Bernardino General Fund with an excess amount of $6,381. The City of San Bernardino Senior Companion Program (SCP) in California utilizes low-income seniors to assist socially isolated, frail elderly, disabled adults in Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa. AmeriCorps Senior Volunteers will serve to allow disabled adults the ability to remain independent in their homes and family caregivers respite to avoid caregiver burnout. Visually impaired clients will receive assistance with reading and writing and clients who are a fall risk will receive assistance ambulating. The City of San Bernardino Fifth Street Senior Center and the Perris Hill Senior Center Stations' volunteers serve 75% of the City of San Bernardino SCP clientele; specifically socially isolated, disabled adults. The remaining 25% of City of San Bernardino SCP clients are involved with Volunteer Station San Bernardino Adult Day Health Care Center for adults with developmental disabilities and adults with dementia and with the Inland Caregiver Resource Center. * DESCRIBES AND DEMONSTRATES THE COMMUNITY NEED. The 2019 U.S. Census Bureau estimates state that there are 242,841 (11.3%) people who are 65 years and older in San Bernardino County with 34,099 (14%) of them living alone. The City of San Bernardino Senior Companion Program area of service is the Inland Empire region of the County. The Inland Empire is located in the inland valley area of the county. In San Bernardino County there are 16% of individuals and families living below the poverty level, which is 4.2% higher than the entire State of California. Our SCP is currently serving 11 communities within San Bernardino County; The San Bernardino Valley cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands,       Packet Pg. 331 Page 3 For Official Use Only Narratives Rialto, San Bernardino, Bloomington, Mentone, and Yucaipa. Information obtained from the 2019 Census of the U.S. Census Bureau estimates indicate the population of the communities served is 832,470 and encompasses a 248.4 square mile area. The estimated amount of residents over the age of 65 is 85,486 (10.2%). The estimates indicate that 39, 080 (4.7%) of the population are Veterans. The population by ethnicity is 60.7% Hispanic or Latino, and 39.3% Non-Hispanic or Latino. The population by race is 56.7% White, 9.7% African American, 5.7% Asian, 0.7% American Indian and Alaskan Native, 0.3% Native Hawaiian and Pacific Islander, 22.2% some other race alone, and 4.6% identified by two or more. The community served includes mostly low-income homebound older adults and individuals with disabilities. According to the 2019 U.S. Census Bureau, estimates indicate 141,962 (17.1%) of the population in the communities served are below the poverty level. Disability population statistics for San Bernardino County indicates there are is 236,393 (11%) that have a disability and in the community served the population statistics with a disability is 88,028 (10.2%). Approximately 80% of all calls received by the SCP staff and station supervisors are by individuals with sight impairment as their disability, have lost their ability to drive, and are in need of transportation; this statistic has nearly doubled since March 2020. Our SCP volunteers will assist in the primary focus area of Healthy Futures by providing homebound or older adults and individuals with disabilities with transportation and other services to allow them to better live independently. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities as well as to delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation or depression and a decline in functional abilities in frail elderly and disabled adults in the community. People generally are social by nature, and social relations can help them live longer, healthier lives. The daily dynamics associated with the coronavirus pandemic has certainly challenged the effectiveness of our volunteers' activities. Companionship and socialization are important tools in combating loneliness and preventing negative health and medical conditions associated with loneliness. The Center for Disease Control and Prevention (CDC) in November 2020 reported poor social relationships (characterized by social isolation or loneliness) are associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. Inland Caregivers Resource Center, Pacific Hospice, and The Visiting Nurses Association have identified respite services for caregivers as the most pressing community need in the Inland Empire. Furthermore, SCP volunteers will provide respite       Packet Pg. 332 Page 4 For Official Use Only Narratives service to caregivers which will improve social ties or perceived social support. From phone calls by frontline staff, recent past surveys, and interactions with seniors in our community in a multi-faceted service industry (municipal parks and recreation), many seniors have been found to live alone and have little to no contact with the others in the community, and the healthcare practices of social distancing and isolationism as a result of the coronavirus provide a "Catch 22" situation. Most of the clients have shared they would not be able to age in place without the help of a Senior Companion, although the virus poses a severe threat to both the senior-age companion volunteer and the senior-age client, who are most vulnerable to the virus. Peace of mind is hard-pressed in both regards, yet the feelings of loneliness brought on by isolation can be devastating, especially to the senior-age population and the disabled who have little or no family to care for them. * ARTICULATES A THEORY OF CHANGE, MEANING HOW THE SERVICES OF THE VOLUNTEERS WILL ADDRESS THE COMMUNITY NEEDS AND HOW THE SERVICE ACTIVITY DESCRIBED PROVIDES A SIGNIFICANT CONTRIBUTION TO THE OUTCOMES OF THE WORK PLAN THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES. SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: companionship; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores, and/or food banks; and other services such as pay utilities and legal assistance to help them live more independently. Some SCP volunteers will also provide direct respite services to caregivers that will provide temporary relief from the stresses of caregiving by providing short term assistance for an adult who is the primary caregiver for another person. SCP volunteers help with the daily living activities that allow clients to stay living independently longer, especially those with little or no site and have difficulty with identifying the right medications to take, cooking meals, home cleaning tasks, or responding to e- mails or letter writing. Many seniors in our service area are homebound for these reasons with no close family or neighborly contacts that only have the daily wellness checks conducted by the volunteer Companion as their sole contact with the outside world. These social checks give hope and fight the negative effects of depression upon both the physical and mental health of the client, not to mention the benefits that this altruistic behavior extends to the volunteer. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs       Packet Pg. 333 Page 5 For Official Use Only Narratives and outcomes will also be determined by the use of annual client and caregiver surveys that should reflect the benefits of the program, as well as monthly testimonials to be reported. * LOGICALLY CONNECTS ALL ELEMENTS TOGETHER, AS DESCRIBED IN THE NOTICE. o THE COMMUNITY NEED(S) IDENTIFIED; The community served includes mostly low-income homebound older adults and individuals with disabilities in need of companionship, transportation, assistance to obtain food and essential needs as well as medical services. The Adult Day Care Facility/Program is in need of volunteers to provide companionship to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities. Caregivers are in need of respite services to allow them short term, temporary relief from the stresses of caregiving and of an increase in social support of the client. o THE SERVICE ACTIVITIES THAT WILL BE CARRIED OUT BY AMERICORPS SENIORS VOLUNTEERS; AmeriCorps Seniors Volunteer service activities will include: companionship; respite services; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. o THE INSTRUMENT DESCRIPTION AND DATA COLLECTION PLANS; SCP staff and Advisory Council members will routinely conduct annual client and caregiver surveys that measure desired national outcomes. Surveys will be collected and measured based on the measurement tool instructions. Surveys will be kept on file in the SCP office. Survey outputs and outcomes will be reported in the annual progress report in the E-grants system. Monthly testimonials will also be routinely provided. o WORK PLANS THAT INCLUDE TARGET NUMBERS THAT LEAD TO OUTCOMES OR OUTPUTS, AND ARE APPROPRIATE FOR TOTAL NUMBER OF VOLUNTEERS ASSIGNED TO THE WORK PLAN; 10 unduplicated volunteers, at one site, will provide respite services/companionship service to 30 caregivers with 20 individuals of older adults and individuals with disabilities reporting having       Packet Pg. 334 Page 6 For Official Use Only Narratives increased perceived social support. 40 unduplicated volunteers, at three sites, will provide Companionship, Nutrition/Food Support, Transportation, and Medical Services to 150 individuals with 130 individuals served reporting having increased social ties or perceived social support. Target numbers are based on 3-4 outputs per volunteer and outcomes are based on prior years of clients not being about to be reached to survey. * WORK PLAN OUTPUTS AND OUTCOMES ALIGN WITH NATIONAL PERFORMANCE MEASURES REQUIREMENTS. SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. SCP volunteers will provide direct respite services to caregivers. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of annual client and caregiver satisfaction surveys in addition to direct VSY data. * WORK PLAN OUTPUTS AND OUTCOMES ARE ACHIEVABLE, BASED ON RESOURCES, PROGRAM DESIGN, AND VOLUNTEERS ENGAGED. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Department has organized personnel to ensure the success of the Program. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. The City of San Bernardino also has two full time employees that work solely with the SCP program to assure work plans are achieved and in support of the program. The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Alzheimer¿s Association, Lighthouse for the Blind, Meals-on-Wheels, Family Service Agency, other various Community organizations, and other Senior Centers. The Program has a good history of meeting its VSY benchmarks, with a FY2021-2022 Volunteer Recruitment Plan in place. Even with the challenges faced by an entire country due to the coronavirus pandemic, SCP Companion       Packet Pg. 335 Page 7 For Official Use Only Narratives Recruitment and Development volunteers, while in a vulnerable population for the virus that has been impacted in a deadly manner, are ready, willing, and able to help their communities recover from the pandemic. The City has already taken precautionary measures in identifying alternative service activities as well as providing personal protective equipment and materials to both the volunteer and the clients, along with incorporating safe and healthy protocols as recommended by the CDC for controlling and mitigating the negative health effects of the virus. * YOUR PLAN AND INFRASTRUCTURE TO ENSURE AMERICORPS SENIOR VOLUNTEERS RECEIVE TRAINING NEEDED TO SUCCEED IN THE SERVICE ACTIVITIES DESCRIBED IN THE WORKPLAN. SCP staff working with our Advisory Council and station supervisors will use prior assignment plans and needs of community as well as needs of volunteers to assist us in developing the topics for our monthly In-Service training, and include those topics in our 20 hour pre-service orientation. New volunteers are required to go through 20-hour pre-service orientation training with the program coordinator. Training includes, but is not limited to, SCP handbook review, policies, and procedures, Modules from CNCS website, training from Alzheimer's Association website, "What would you do?" videos from CNCS, and available client resources in the community such as food distribution, local senior center services, mental health care, legal assistance, funeral/trust/will planning retirement, insurance fraud, personal safety, and other information of interest to senior-age individuals. As our focus area is Healthy Futures, our in-service training will include, but not be limited to: how to avoid slips and falls, making good decisions about driving, Alzheimer's/Dementia, how to maintain a healthy brain, how to prevent mail fraud and other financial scams that target seniors, safe use of medications, healthy eating and nutritional information, and exercises for elderly and disabled adults, to name a few. We will include training on area specific disaster planning such as earthquakes and, of course, the latest information on disease control, especially regarding the COVID-19 virus. SCP staff will network with other community organizations to secure speakers to give presentations and informational handouts in a virtual format, at least until such time as training can be effectively done so in a socially distanced manner. Access to a computer or smartphone and how to use each will be a priority to the extent possible, as the older generation needs greater assistance and patience in learning new technology. Sign-in sheets will be used to monitor volunteer involvement. * THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A       Packet Pg. 336 Page 8 For Official Use Only Narratives VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED. o o The SCP staff will recruit at many community outreach events (as the COVID-19 restrictions will allow), health fairs, and other venues/networks with local agencies for new volunteers. We will advertise in the City website page, on several local electronic marquees, local hard-print media sources as well as several social media sources. We will attend routine community meetings focused on senior-age services provided by the County of San Bernardino. Another plan to recruit volunteers will be to collaborate with Healthcare plan Representative to attend community focused meetings and connect with community organization representatives. We will also advertise at local low-income senior housing communities and Senior Centers primarily through postings and phone calls. We will send our recruitment flyers and brochures bi-annually to an extensive mail list of local churches, golf clubs, businesses providing senior services (auto repair shops, hair styling and beauty shops, laundry facilities, travel and tour agencies), community service groups who tend to have older board members, and other senior living facilities. A connection with the community outreach departments of California State University, San Bernardino is planned and will grow as the University opens more communication avenues with the opening of previously closed campus activity due to the coronavirus. As the majority of Companion volunteers are of black decent in San Bernardino, both the Black Chamber of Commerce and the Black Alumni Association of Cal State San Bernardino will also be a source of recruitment. o INDIVIDUALS FROM DIVERSE RACES, ETHNICITIES, SEXUAL ORIENTATIONS, OR DEGREES OF ENGLISH LANGUAGE PROFICIENCY The SCP staff recruits for volunteers with no restrictions on the basis of formal education, experience, race, color, national origin including limited English proficiency, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. Individuals with bi-lingual skills in Spanish are highly sought due to a large number of Spanish-speaking residents in the Inland Empire service area. Currently there is Spanish-speaking staff at the 5th Street Senior Center where the Program Office is located, and there is at least one Spanish-speaking station supervisor and several volunteer Companions that assist with prospective volunteers. o VETERANS AND MILITARY FAMILY MEMBERS AS AMERICORPS SENIORS VOLUNTEERS SCP staff will establish a communication network with volunteer center coordinators and social workers at the Veterans Hospital in Loma Linda as a significant outlet in its recruitment efforts to attract volunteer veterans and military family members to become SCP volunteers. We will also visit       Packet Pg. 337 Page 9 For Official Use Only Narratives Program Management veteran organizations in our service area to make face-to-face appeals before their boards and memberships: The American Legion, Veterans of Foreign Wars, The Eagles, and The Elks. o AMERICORPS SENIORS VOLUNTEERS WITH DISABILITIES The SCP staff will assist volunteers with disabilities to accommodate their need such as reading for volunteers who are illiterate or accommodating work assignments to meet the ability of volunteer¿s limitations such as provision of a walker or cane. SCP staff will attend the Department of Aging and Adult Services (DAAS) quarterly meetings to recruit individuals with age-related disabilities. o AMERICORPS SENIOR VOLUNTEERS BETWEEN THE AGES OF 55 AND 70 YEARS OLD The City of San Bernardino SCP does have an age requirement for eligibility of 55 or older for volunteers SCP staff verify age with the volunteers Government-issued driver¿s license or identification card. * YOUR PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE AMERICORPS SCP VOLUNTEERS. SCP staff, with the assistance of the SCP Advisory Council, will plan, coordinate, and hold an Annual Volunteer Recognition Event for all volunteers near the latter part of the fiscal year. Each volunteer is recognized for their volunteer service with a meal, a gift or gift bag filled with goodies, and a certificate of appreciation which includes their years of service, and volunteers are recognized for the top most volunteer hours. We also hold a Holiday Social in December as a mid-year inspiration for the volunteers, with gifts and festivities as well. We also recognize volunteers at our monthly in-service meetings for specific outstanding actions and recognize volunteers who have birthdays in that month, sharing a birthday song and cake. We receive many In-Kind donations for the holiday event and Annual Volunteer Recognition Event, cake donations, gift cards, items for goodie bags, etc. SCP staff also provides guidance and an ¿Open Door¿ policy for volunteers to share concerns and gain support for their needs or just for peace of mind. Another way we retain volunteer service is by conducting an annual SCP Volunteer Satisfaction Survey from all volunteers and following through with their input where possible. All information received from the survey is reported and we will address any areas of dissatisfaction immediately and with finality. * THE PLANS AND INFRASTRUCTURE TO ENSURE MANAGEMENT OF VOLUNTEER STATIONS ARE IN COMPLIANCE WITH AMERICORPS SCP PROGRAM REGULATIONS (SUCH       Packet Pg. 338 Page 10 For Official Use Only Narratives AS PREVENTING OR IDENTIFYING PROHIBITED ACTIVITIES). Through the Memorandum of Understanding (MOU) agreement (which includes the self-certification section to ensure that all volunteer stations are public or private non-profit organizations or licensed proprietary health care facilities), each volunteer site agrees to follow the guidelines that are set inside the agreement. Through periodic volunteer station visits and interaction with the volunteer supervisors we are able to see the work that is being done to identify and prevent prohibited activities. Each Site Supervisor will be provided a policies and procedures manual with pertinent forms included. The information of the Site Supervisor will be periodically updated as the contact information may change. They are also responsible to give the Companion their work assignment and provide SCP staff with and assignment plan or care plan and a signed Letter of Agreement. New volunteer stations are developed through an on-site visit with the station site supervisor and staff to explain how we can help their clients, what our respective roles and responsibilities will be, and defining the supervisor and communication channels. The Program Manager will assign Companions to the volunteer site to develop skills and capabilities that would prepare the Companion for needed community service to the agency. All Companion assignments must meet the following stipulations: Create new or expand existing community services, provide meaningful work and the opportunity to learn new skills that can possibly help both the Companion and the client, and all volunteer stations must be in a safe, drug-free and healthy environment. The Coordinator of Volunteers provides oversight of each volunteer site supervisor. As needed the program manager will research organizations in the service area to recruit new stations in line with work plans and regulations. At this time we have 4 volunteer stations which meet the needs of the program, but are in the process of building new relationships both for outreach (volunteer/client recruitment) and potential new volunteer stations to serve the community directly as we refine the changes which have already been implemented. * YOUR PLAN AND INFRASTRUCTURE TO DEVELOP AND/OR OVERSEE VOLUNTEER STATIONS TO ENSURE THAT VOLUNTEERS ARE PERFORMING THEIR ASSIGNED SERVICE ACTIVITIES. SCP staff will perform quarterly volunteer station visits. During those visits client and or caregiver assignment plans or care plans will be discussed and evaluated with each volunteer station supervisors to ensure that volunteers are performing their requested activities. A simple checklist to document the visit will be developed and utilized going forward. If changes or additions to volunteer's activities need to be made, a new care plan will be devised during that time and immediately implemented. Site       Packet Pg. 339 Page 11 For Official Use Only Narratives Organizational Capability Supervisors will do annual assessments with clients to update assignment plans. Timesheets will be used, including client name and initialed dates of service, to ensure volunteers are performing their assigned service activities. Site Supervisors are responsible to approve timesheets and to make sure that the pay period dates, number of hours volunteered, and dates of volunteering are correct for the month being reported. * YOUR EXPERIENCE AND ORGANIZATIONAL TRACK RECORD IN WORK PLANS THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES. SCP volunteers have provided volunteer service to the City of San Bernardino for over forty years. Since the beginning of receiving funding from Action and then CNCS, the program has always provided personal one-on-one service to senior citizens, then to disabled adults, and then to caregivers. SCP Volunteers provide companionship, nutrition/food support, transportation and medical services to individuals served who have reported as having significantly increased life-enhancing social ties or perceived social support. The greatest challenge by far is related to the efficient recruitment of qualified volunteers, especially when the average age of the volunteer Companion is 70 years and turnover is high due to normal death rates. One reason we are successful in recruitment is because we have employed two full-time, benefitted employees to manage the Program. Annual and semi-annual progress reports have always been evaluated as favorable and on-time, with prompt resolution of any discrepancies. Most recent performance measurements have been reported in E-grants. * YOUR PLANS AND INFRASTRUCTURE TO PROVIDE SOUND PROGRAMMATIC AND FISCAL OVERSIGHT (BOTH FINANCIAL AND IN-KIND) AND DAY-TO-DAY OPERATIONAL SUPPORT TO ENSURE COMPLIANCE WITH AMERICORPS SENIORS SCP REQUIREMENTS (STATUTES, REGULATIONS, AND APPLICABLE OMB CIRCULARS) AND TO ENSURE ACCOUNTABILITY AND EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES. o COMPLIANCE WITH AMERICORPS SENIORS SENIOR COMPANION PROGRAM REQUIREMENTS(STATURES, REGUALTIONS, AND APPLICABLE OMB CIRCULARS) The City of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City. The City Manager is the Chief Administrative Officer, who directs most City departments. The Department of Parks, Recreation and Community Services directly oversights the SCP project, whereas the Finance       Packet Pg. 340 Page 12 For Official Use Only Narratives Department's sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. These are all subject to Council approval and are maintained by the Finance and City Manager Departments. The City's program-based Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 13 city departments. This department acts as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. o ACCOUNTABILITY The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years' performance objectives of AmeriCorps Seniors. The City's Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use is administered by the Parks, Recreation and Community Services Department staff and further supported by the Finance Department staff, especially for travel and reimbursements for volunteers. The City of San Bernardino is celebrating forty-six years of demonstrated services as a provider of Volunteer Service Programs for youth and seniors. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. o EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES The City of San Bernardino SCP has worked and continues to work with the San Bernardino County Department of Aging and Adult Services, Catholic Charities, Lighthouse for the Blind, Meals on Wheels, Family Service Agency, and various Community and Senior Centers. The SCP program effectively uses The City of San Bernardino Fifth Street Senior Center to hold In-service training meetings. SCP also benefits from knowledge of local organizations on valuable training for volunteers.       Packet Pg. 341 Page 13 For Official Use Only Narratives The City of San Bernardino Parks, Recreation and Community Services Department is constantly seeking alternative funding resources, cash or in-kind, in support of their community serving mission. The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program -- 1978-Present; San Bernardino Head Start Program -- 1992- 2009; Nutrition Network Program -- 1998-2016; San Bernardino Mentoring Program -- 1992-2009; RSVP (Retired Senior Volunteer Program) -- 1975-Present; SCP (Senior Companion Program) -- 1975-Present; and Kaiser Hospital Community Foundation Grant 2008 -- Present. * CLEARLY DEFINED PAID STAFF POSITIONS, INCLUDING (AS APPLICABLE) IDENTIFICATION OF CURRENT STAFF ASSIGNED TO THE PROJECT AND HOW THESE POSITIONS WILL ENSURE THE ACCOMPLISHMENT OF THE PROGRAM OBJECTIVES. The City Manager's Office oversights most city services, including that of the SCP and all grant- funded programs especially. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark, CPA) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports, including audit reviews. The Department of Parks, Recreation and Community Services directly administers the SCP project. From top down, the chain of command is the Director/Department Head (Jim Tickemyer), the Community Recreation Manager (Mitch Assumma), the Community Service Center Supervisor (LaKeisha Jackson), and the SCP Manager (Jamie Daniels), the SCP Coordinator of Volunteers (Ellyse Martinez). The Director of the Parks, Recreation and Community Services Department reports to the City Manager. The Program Manager - SCP's responsibilities include, but are not limited to, assigning volunteers to volunteer stations, conducting volunteer station visits, maintaining budget and expenditure records, grant reporting in E- grants, recruitment of volunteers and volunteer sites, building public awareness and support for the SCP, planning and implementing recognition for the volunteers, attending grant workshops and training conferences and completing reports for the corporation and the sponsor. The Coordinator of Volunteers assists the SCP Manager in all areas of the Program coordination in ways relevant to the position's authority, but is most responsive to daily client and companion service needs. The Community Recreation Manager (Mitch Assumma) has administered the SCP in San Bernardino for over ten years as Manager of the Senior Services division. He has over 35 years of experience in managing municipal services in the parks and recreation field. Mr. Assumma holds a Master's Degree       Packet Pg. 342 Page 14 For Official Use Only Narratives Other in Public Administration, and a Bachelor's Degree in Recreation Administration. * YOUR ORGANIZATION¿S CAPACITY TO: o DEVELOP AND IMPLEMENT INTERNAL POLICIES AND OPERATING PROCEDURES TO PROVIDE GOVERNANCE AND MANAGE RISK, SUCH AS ACCOUNTING, PERSONNEL MANAGEMENT, AND PURCHASING. The Director of Parks, Recreation and Community Services is responsible for the activities of its human resources, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage the development and use of their own budget, and each department head is accountable to the City Manager. An independent auditor reviews City financial records annually. o MANAGE CAPITAL ASSETS SUCH AS FACILITIES, EQUIPMENT, AND SUPPLIES. The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through a combination of the City's General Fund and various Federal and State grants. The 5th Street Senior Center is ADA compliant and is currently being used for administration, training and meetings, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, play equipment, kitchen equipment for full meal preparation, sound and PA system, and office management; the grant-funded Senior Nutrition Program also operates out of the 5th Street Senior Center along with lunch meal serving at five other locations. All health and safety OSHA requirements are followed. The City's Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City's chain of command, utilizing best practice principals. None       Packet Pg. 343 Page 15 For Official Use Only Narratives PNS Amendment (if applicable) Not applicable       Packet Pg. 344 Page 16 For Official Use Only Performance Measures % of Unduplicated Volunteers in Work Plans that result in Outcomes: % of Unduplicated in the Primary Focus Area: 100% 100% Healthy Futures Aging in Place 3 40 50 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.1Performance Measure: Focus Area: Companionship CompanionshipService Activity: Service Activity Description:Volunteers will provide companionship, nutrition/food support, transportation and medical services practicing safe volunteering procedure and following required precautions to ensure their safety as well as the safety of the client they serve. Volunteers at the Adult day care will provide companionship and social interaction. Volunteers under the flexibilities to serve service activities for COVID-19 volunteers will provide telephone or video chats, delivery of groceries, medications, meals or other essential items to homebound or isolated seniors. SCP Volunteers will serve between 4-8 hours and 10-40 hours per week at the client’s home or Adult Day Health Care. A recent study by the California Department of Aging (2020) estimated that 38% of women and 35% of men over the age of 65 need some form of assistance with personal care including assistance getting food and medications and transportation assistance getting to medical appointments. Isolation increases the risk of mortality, negatively affect both physical and mental health and lead to loss of the ability to stay independent, according to the senior living blog from A Place for Mom. The Center for Disease Control and Prevention (CDC) in November 2020 reports that poor social relationships (characterized by social isolation or loneliness) were associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. According to the 2019 Census of the U.S. Census Bureau in San Bernardino County, 14% of those age 65 years and older (34,099) live alone. With 10.2% of the population in the service area over the age of 65 and 17.1% of the population in the service area living below the poverty level, the need is strong for SCP companions to assist clients to continue to live independently in their own homes through companionship, transportation assistance, help to receive medical services, and nutrition/food support. An additional place to provide companionship is through adult day care. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities and delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation and depression and a decline in functional abilities in frail elderly and disabled adults in the community. As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun wit Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 150 Tracking SystemTarget:How Measured: Instrument Description:Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month. Tracking System140Target:How Measured: Instrument Description:A survey collected each year to determine how many individuals served report having increased social ties or       Packet Pg. 345 Page 17 For Official Use Only Healthy Futures Aging in Place 1 10 10 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.1 3.1 Performance Measure: Performance Measure: Focus Area: Companionship Respite Services Respite ServicesService Activity: Service Activity Description: More than one in five Americans (21.3%) are caregivers and more family caregivers (26%) have difficultly coordinating care which is up 19% from 2015 (AARP, National Alliance for Caregiving – May 14, 2020). The article also states that 23% of caregivers have reported their own health has worsened from caregiving without respite. With this being a very difficult and stressful situation (even without the effects of COVID-19) family caregivers are in need of respite service to avoid caregiver burnout. In fact, many of these caregivers are part of the Sandwich Generation, people who have children, demanding jobs, and aging parents. Many of these families do reach out for help in the form of respite care and longer term hourly and live-in care, which demonstrates why the non-medical home care is so important and needed. The Inland Caregivers Resource Center (ICRC), Pacific Hospice, and the Visiting Nurses Association have identified respite services for caregivers as one of the most pressing community needs. Request to agencies for caregiver respite services are rapidly increasing, causing waiting lists for these services. Demographic projections indicate that demand will continue to increase in the future. Senior Companions are needed to provide respite services to caregivers. In late March of 2020, our country was plunged into a series of events that have not been experienced in modern history in the form of COVID-19. As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun with families who in the past donated to such organizations now needed the services of them, education systems which are having to redefine how learning will take will take place in the future and in the most simplest terms a complete overflow of citizens needing services from our nation’s health care system. In San Bernardino County as of February 8 Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for inde H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated Anticipated 30 Tracking SystemTarget:How Measured: Instrument Description:Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month. Tracking System Tracking System 140 20Target: How Measured: How Measured: perceived social support. This will be conducted by SCP staff and Advisory Council members.       Packet Pg. 346 Page 18 For Official Use Only 3.1Performance Measure:Respite Services H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated Tracking System20How Measured: Instrument Description:A survey will be collected each year to determine how many individuals served report having increased social ties or perceived social support. Conducted by SCP staff and Advisory Council members.       Packet Pg. 347 Page 19 For Official Use Only Required Documents Cost share or matching fund verification letters Applicant Operational and Financial Management Survey (OFMS) Tribal organization eligibility (see Section C.1. Eligible Applicants) Document Name Not Applicable Already on File at CNCS Not Applicable Status       Packet Pg. 348 Page 20       Packet Pg. 349 Page 1 For Official Use Only The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Purpose 94.016CFDA No.: 290 N D ST San Bernardino CA 92401-1734 21SCICA004Agreement No.: 4Amendment No.: San Bernardino, California, City of Grantee 956000772EIN: 07/01/2021 - 06/30/2024Performance Period: 07/01/2023 - 06/30/2024Budget Period: The single audit for 6/30/2022 must be submitted to the Federal Clearinghouse within 90 days of this award. Failure to do so may result in a manual hold. Corporation for National and Community ServiceNotice of Grant Award Award Information Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/FY2023-General-Terms-Conditions-508-20221028.pdf and the Program Terms and Conditions found at 2023 Terms and Conditions for AmeriCorps Seniors Foster Grandparent (FGP) and Senior Companion Programs (SCP). Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines. Funding Information Previously Awarded This Year This Award/ Amendment $164,061 $0Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $168,601 $0 Total Available $332,662 $0 Total CNCS Funds Awarded to Date Cumulative Funding for Project Period Total Awarded in Previous Amendments $494,837 Senior Companion Program Special Conditions $658,898 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 Total Current Year $164,061 $168,601 $332,662 For Official Use Only Funding Source and Amount 2023--OPE1-P77-OPO-26000-4101 $164,061.00 Grant Year:3 Year 3 EJLMHR1CMKM7UEI: Award Description This award funds the approved 2023–24 SCP program. Your 2023–24 statutory match is 10% and your budgetary match is 24.16%. This award also includes $168,601 in unexpended funds, $0 is approved as carry forward and the remaining $168,601 offsets the amount of new funds awarded. Corporation for National and Community Service:       Packet Pg. 350 Page 2 For Official Use Only CFDA No.: Rebecca Curtis Rogelio Armendariz 290 N D ST San Bernardino CA 92401-1734 21SCICA004Agreement No.: 4Amendment No.: San Bernardino, California, City of Grantee 956000772EIN: 07/01/2021 - 06/30/2024Performance Period: 07/01/2023 - 06/30/2024Budget Period: Paulette Supria Notice of Grant Award Award Information Senior Grants Officer Grants Officer Program Officer Senior Companion Program 06/21/2023 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 For Official Use Only Grant Year:3 Oscar Rivas Project Director Mitchell Assumma Certifying Official/Executive Officer Signature Award Date San Bernardino, California, City of Legal Applicant EJLMHR1CMKM7UEI:       Packet Pg. 351       Packet Pg. 352       Packet Pg. 353       Packet Pg. 354       Packet Pg. 355       Packet Pg. 356 Page 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Darren Goodman, Chief of Police Department:Police Subject:Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing: 1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and 2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures. Executive Summary Staff is recommending the adoption of Resolution No. 2023-152 to accept the FY2022 UASI grant and amend the FY2023/24 Adopted Budget revenue and expenditures by $100,000, for the purpose of purchasing portable pole cameras for the Police Department. Background The City of San Bernardino has been a participant in the Urban Areas Security Initiative (UASI) Grant program since 2008 and has used funds to purchase equipment to enhance security and better prepare for emergencies for San Bernardino citizens, and employees, while also serving as regional multi-agency resources. Grant funds are administered through the City of Riverside Office of Emergency Management. The UASI Program assists high-density Urban Areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the Whole Community approach. Discussion Public safety is important to the City and its citizens, and the Police Department is       Packet Pg. 357 Page 2 constantly looking for new methods and technology to improve service capabilities and operate more effectively on behalf of the public. For the 2022 UASI grant, the Police Department submitted a proposal for equipment to improve its capabilities to monitor public safety and identify criminal behavior. The equipment requested included portable pole-mounted video cameras, capable of being deployed in the field and transmitting a wireless video feed for remote monitoring by law enforcement personnel. These would be self-contained cameras with battery packs recharged by a solar panel, allowing them to be deployed on a temporary basis at a variety of locations. In May of 2023, the Department received notification that the grant application was successful, and the Department was awarded funding of $100,000 for the project. In August of 2023, the Police Department received notification that it was authorized to spend UASI grant funds on the approved project. Each year there are a variety of public events held in the City that range from small- scale events drawing crowds from local communities to large-scale events that draw tens of thousands of attendees from locations around the nation. Examples include Rendezvous Back to Route 66, multiple annual music festivals, and city-sponsored events such as Festival. These events are held at locations throughout the City and the Police Department is charged with maintaining public safety at each of them. The Police Department does possess camera trailers that can be deployed at ground level, but it does not currently have any camera equipment that can be mounted in a higher position to offer a broader view of events without obstructing ground-level activity or foot traffic. Portable pole-mounted cameras will be capable of deployment individually or in conjunction with camera trailers to provide portable surveillance capabilities. In addition to special events, portable cameras can also support ongoing crime deterrence efforts in public spaces where camera trailers are the only current option for deployment. The camera trailers are in high demand and deployed frequently due to their high visibility and deterrent effects. Portable pole-mounted cameras will also be highly visible and have similar deterrent effects, increasing the equipment the Police Department can use toward crime prevention efforts. 2021-2025 Strategic Targets and Goals The acceptance of UASI Grant funds aligns with Goal No. 2 b: Focused, Aligned Leadership and Unified Community: Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. The acceptance of UASI grant funds will improve the resources available to the Police Department for use toward improving the quality of life within the City.       Packet Pg. 358 Page 3 Fiscal Impact Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing: 1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and 2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures. Attachments Attachment 1 – Resolution No. 2023-152 Attachment 2 – FY2022 UASI MOU Attachment 3 - FY 2022 HSGP Standard Assurances Attachment 4 - Debarment Certification Ward: All Wards Synopsis of Previous Council Actions: December 1, 2021 Mayor and City Council adopted Resolution No. 2021-283, authorizing the acceptance of 2020 UASI grant funds January 16, 2019 Mayor and City Council authorized the acceptance of the 2017 UASI grant March 7, 2018 Mayor and City Council adopted Resolution No. 2018-61, accepting the 2016 UASI grant FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 100,000 $ 0 $ 100,000 $ 0 GENERAL FUND SHARE $ 0 $ 0 $ 0 $ 0 SOURCE OF FUNDS: The source of funds is a $100,000 grant from the Urban Areas Security Initiative (UASI) grant program. Budget Adjustment: Yes There is no net impact to the General Fund. Both revenue and expenditure will be increased by $100,000. For Fiscal Year: 23/24       Packet Pg. 359 Page 4 March 7, 2016 Mayor and City Council adopted Resolution No. 2016-37, authorizing the acceptance of the 2015 UASI grant.       Packet Pg. 360 Resolution No. 2023-152 Resolution 2023-152 October 4, 2023 Page 1 of 3 3 3 4 6 RESOLUTION NO. 2023-152 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY2022 URBAN AREAS SECURITY INITIATIVE GRANT (UASI) FUNDS AND THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2023/24 ADOPTED BUDGET REVENUE AND EXPENDITURES BY $100,000. WHEREAS, the City of San Bernardino is a participating agency in the Riverside Urban Areas Security Initiative (UASI) program and has used grant funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from acts of terrorism or other threats; and WHEREAS, the in May of 2023, the Police Department received notification that the City was awarded $100,000 in UASI funds from the Fiscal Year 2022 grant program; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized to accept the Fiscal Year 2022 UASI grant in the amount of $100,000 and execute any documents as may be necessary to accept grant funds. SECTION 3. The Agency Director of Administrative Services is authorized to amend the FY2023/24 Adopted Budget, appropriating $100,000 in revenue and expenditure. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 361 Resolution No. 2023-152 Resolution 2023-152 October 4, 2023 Page 2 of 3 3 3 4 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 362 Resolution No. 2023-152 Resolution 2023-152 October 4, 2023 Page 3 of 3 3 3 4 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. 2023-152, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 363 MEMORANDUM OF UNDERSTANDING CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE OF EMERGENCY MANAGEMENT, AND THE CITY OF SAN BERNARDINO REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING FOR FEDERAL FISCAL YEAR 2022 This MEMORANDUM OF UNDERSTANDING (“MOU”) is effective _________, 2023, between the CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE EMERGENCY MANAGEMENT, and the CITY OF SAN BERNARDINO (“Participating Agency”) under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to comply with United States Department of Homeland Security – Homeland Security Grant Program guidance, processes, and requirements. 3. The Participating Agency agrees that all equipment, supplies, and training funded through the UASI program is for the mutual benefit of the Riverside UASI Region and not for the exclusive benefit of the Participating Agency. 4. The Participating Agency agrees that all equipment, supplies, and technical expertise developed through training funded by the UASI program is to be made available for emergency use through established mutual aid systems, established mutual aid agreements, or made reasonably available through a valid request by a member jurisdiction or organization of the Riverside UASI. 5. The Participating Agency agrees to provide, prior to being funded, the most recent copy of their Single Audit Report. 6. The Participating Agency agrees to submit a Monthly Project Progress Report by the 15th day of each month in accordance with the UASI grant program guidelines. 7. The participating agency agrees to designate a Project Manager and Grant Manager for each project awarded and provide the contact information of those individuals to the City of Riverside Office of Emergency Management / UASI. Upon any changes to the original designation the agency will provide written notification and updated contact information. 8. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $300,000 or more of federal funds during their respective fiscal year agree to submit an organization wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing       Packet Pg. 364 Memorandum of Understanding - Urban Area Security Initiative Grant Funding 2 Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass-Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 9. The Participating Agency agrees that all its expenditures shall be in accordance with the approved project expenditures and allowable costs as submitted to the City and approved by the California Office of Emergency Services (Cal OES) and the U.S. Department of Homeland Security Grants Program Directorate. 10. The Participating Agency agrees to maintain adoption and implementation of (National Incident Management System) NIMS. 11. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency’s acts or omissions under this MOU. 12. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City’s acts or omissions under this MOU. 13. The Participating Agency agrees to provide the Certificate of Non-Supplanting (Attachment B). 14. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension, and Other responsibility matters (Attachment C). 15. The Participating Agency agrees to provide the Subrecipient Grants Management Assessment (Attachment D). 16 The Participating Agency agrees to provide the Grant Face Sheet (Attachment E). 17. The Participating Agency agrees to replace all UASI funded equipment if lost, stolen, or damaged beyond repair, the equipment shall be replaced with that of like kind or capability, at the custodial agency’s own expense. 18. The Subgrantee Performance Period for the FY2022 UASI funding cycle is from September 1, 2022 to January 01, 2025. (Signatures on following page)       Packet Pg. 365 Memorandum of Understanding - Urban Area Security Initiative Grant Funding 3 IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of Riverside, by and through its Office of Emergency Management and the City of San Bernardino, by and through its/their authorized representatives. CITY OF RIVERSIDE PARTICIPATING AGENCY By: ______________________________ By: ______________________________ Title: _____________________________ Title: _____________________________ Attest: Attest: By: _____________________________ By: ____________________________ Donesia Gause Title: _____________________________ Title: _____________________________ City Clerk Approved as to form: By: _____________________________ Deputy City Attorney       Packet Pg. 366 Memorandum of Understanding - Urban Area Security Initiative Grant Funding 4 Governing Body Resolution (For Operational Areas and Urban Area’s) BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO THAT THE CITY MANAGER, OR CHIEF OF POLICE, is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California. Passed and approved this _______________ day of ____________________________, 2023 Certification I, Genoveva Rocha, duly appointed and City Clerk of the Mayor and City Council, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Mayor and City Council of the City of San Bernardino on the ______________________ day of ____________________________________, 2023. __________________________________________ (City Clerk) ___________________________________________ (Signature)       Packet Pg. 367 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 1 of 15 Initials As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. The requirements outlined in these assurances apply to Applicant and any of its subrecipients. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual; (d) California Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;       Packet Pg. 368 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 2 of 15 Initials (d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.       Packet Pg. 369 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 3 of 15 Initials The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for 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; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including:       Packet Pg. 370 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 4 of 15 Initials (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;       Packet Pg. 371 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 5 of 15 Initials (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;       Packet Pg. 372 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 6 of 15 Initials (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.       Packet Pg. 373 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 7 of 15 Initials 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Cooperation and Access to Records The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. 13. Whistleblower Protections The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.       Packet Pg. 374 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 8 of 15 Initials 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker’s Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;       Packet Pg. 375 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 9 of 15 Initials (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.       Packet Pg. 376 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 10 of 15 Initials 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 22. Activities Conducted Abroad The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource. 24. Copyright The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.       Packet Pg. 377 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 11 of 15 Initials 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status The Applicant is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.       Packet Pg. 378 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 12 of 15 Initials 30. Non-supplanting Requirement If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 33. Terrorist Financing The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.       Packet Pg. 379 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 13 of 15 Initials 35. USA Patriot Act of 2001 The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. 36. Use of DHS Seal, Logo, and Flags The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 37. Performance Goals In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. 38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. 39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:       Packet Pg. 380 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 14 of 15 Initials (a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States. The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases. On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.       Packet Pg. 381 Standard Assurances For Cal OES Federal Non-Disaster Grant Programs Page 15 of 15 Initials IMPORTANT The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Applicant: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date:       Packet Pg. 382 RIVERSIDE URBAN AREA SECURITY INITIATIVE CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Non-procurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The applicant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency (Note: The terms "covered transaction," "debarred," "suspended," "ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.); b. Have not within a three-year period preceding this application been conflicted of or had a civil judgment rendered against them for 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; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach as explanation to this application. Authorized Agent Signature Business Name Name Printed or Typed Street Address Date City, State, Zip Code       Packet Pg. 383 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Darren Goodman, Chief of Police Department:Police Subject:Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing: 1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures. Executive Summary The City of San Bernardino Police Department was awarded a FY 2023/24 OTS Grant in the amount of $567,000. The Department will use grant funding to staff enforcement efforts to include DUI Enforcement, traffic enforcement, motorcycle safety enforcement, and bicycle/pedestrian enforcement. Staff recommends that the Mayor and City Council accept the grant award and amend the FY 2023/24 adopted budget to receive grant funds. Background The California Office of Traffic Safety (OTS) has awarded its Selective Traffic Enforcement Program (STEP) grant for Fiscal Year 2023/24 to law enforcement agencies in the state that have shown the best practice strategies to reduce traffic collisions and promote traffic safety awareness. The City of San Bernardino has received annual OTS STEP grant funding for well over a decade and has been awarded $567,000 for Federal Fiscal Year October 1, 2023, through September 30, 2024.       Packet Pg. 384 Discussion The OTS STEP grant combines several traffic enforcement programs under a single grant umbrella, which reimburses law enforcement agencies for overtime worked on proven traffic enforcement strategies such as driving under the influence/California driver’s license (DUI/CDL) checkpoints and DUI saturation patrols. In addition to checkpoints and saturation patrols, the Police Department will use grant funds to develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. Using STEP grant funding, the Police Department will also add patrols focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI enforcement with neighboring agencies, motorcycle safety enforcement, and bicycle/pedestrian safety enforcement operations. Grant funding will provide for supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant objectives. Staffing levels will vary depending on the enforcement detail being worked. There are no matching fund requirements for this grant. All grant funded traffic operations will be conducted to make the streets of San Bernardino safer for all pedestrians and motorists. In addition to enforcement strategies, the STEP program will seek voluntary compliance of traffic laws through public education and safety awareness campaigns throughout the one-year grant period. The grant will reimburse the cost of DUI related training for officers, supplies used at checkpoints, and preliminary alcohol screening (PAS) device/calibration supplies. Staff recommends the Mayor and City Council authorize the City Manager to accept, execute, and administer the State of California OTS STEP Grant Agreement for Grant Number 24-004883. 2021-2025 Strategic Targets and Goals The acceptance and administration of the OTS STEP grant aligns with strategic targets and goal: 1.c. Improved Operational & Financial Capacity: Implement, maintain, and update a fiscal accountability plan, and 3. c. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact There is no impact to the General Fund, as there are no matching fund requirements for this grant. Both revenue and expenditure will be increased by the grant amount of $567,000 in the FY 2023/24 Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing: 1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and       Packet Pg. 385 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures. Attachments Attachment 1. Resolution No. 2023-153 Attachment 2. Grant Agreement Ward: All Wards Synopsis of Previous Council Actions: September 21, 2022 Resolution 2022-0645, California Office of Traffic Safety STEP grant, approved by Council. July 17, 2029 Resolution 2019-264, California Office of Traffic Safety STEP grant, approved by Council. October 3, 2018 Resolution 2018-272, California Office of Traffic Safety STEP grant, approved by Council. July 5, 2017 Resolution 2017-126, California Office of Traffic Safety STEP grant, approved by council. October 14, 2016 Resolution 2016-211, California Office of Traffic Safety STEP grant, approved by Council. January 23, 2015 Resolution 2015-10, California Office of Traffic Safety STEP grant, approved by Council. March 3, 2014 Resolution 2014-49, California Office of Traffic Safety STEP grant, approved by Council. January 7, 2013 Resolution 2013-1, California Office of Traffic Safety STEP grant, approved by Council. April 10, 2012 Resolution 2012-67, California Office of Traffic Safety STEP grant, approved by Council.       Packet Pg. 386 Resolution No. 2023-153 Resolution 2023-1453 October 4, 2023 Page 1 of 3 3 2 1 9 RESOLUTION NO. 2023-153 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND ADMINISTER THE FY 2023/24 CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AND THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2023/24 ADOPTED BUDGET BY $567,000. WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety grant for the period of October 1, 2023, through September 30, 2024. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the State of California Office of Traffic Safety Grant Agreement, Grant Number 24-004883, in the amount of $567,000, attached hereto, marked Attachment 2, and incorporated herein. SECTION 3. The Director of Finance is hereby authorized to amend the Adopted FY2023/24 budget increasing both revenue and expenditures by $567,000, as outlined in the attached grant agreement budget. 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 4th day of October 2023.       Packet Pg. 387 Resolution No. 2023-153 Resolution 2023-1453 October 4, 2023 Page 2 of 3 3 2 1 9 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 388 Resolution No. 2023-153 Resolution 2023-1453 October 4, 2023 Page 3 of 3 3 2 1 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-153, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 389 8/22/2023 2:04:35 PM Page 1 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT24169 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period San Bernardino From: To: 10/01/2023 09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT San Bernardino Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $567,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:  Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances  Exhibit B* – OTS Grant Program Manual  Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Jeff Harvey Sergeant harvey_je@sbcity.org 909-388-4912 710 N. “ D” Street San Bernardino, CA 92401 NAME: TITLE: EMAIL: PHONE: ADDRESS: Charles McNeely Interim City Manager mcneely_ch@sbcity.org (909) 384-5122 290 N D Street San Bernardino, CA 92401 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Terri Sumrall Senior Management Analyst sumrall_te@sbcity.org (909) 384-5693 290 N D Street San Bernardino, CA 92401 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date)       Packet Pg. 390 8/22/2023 2:04:35 PM Page 2 of 17 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $567,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $567,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $567,000.00 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: HRJPGFZSC3H6 710 N D Street San Bernardino 92401-1112 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758       Packet Pg. 391 8/22/2023 2:04:35 PM Page 3 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT24169 1. PROBLEM STATEMENT The City of San Bernardino has a high proportion of traffic crashes. The city is noted for a high level of violent crime, with a high rate of fatalities and crashes. Forty percent of our fatalities are pedestrian related, with 98% involving homeless persons. San Bernardino is the second-largest city in the Inland Empire metropolitan area of California and experiences a large volume of commuter and commercial traffic. San Bernardino is at the crossroads of the Inland Empire for commercial traffic and has been impacted by a great increase of commercial businesses, warehouses, and truck traffic, including ingress and egress of employee traffic at all hours. Traffic enforcement efforts have resulted in an increase of traffic fatalities of over eight percent and a decrease in injuries of 35 percent. Bicycle crashes have been greatly reduced. Driving under the influence of alcohol fatalities decreased by fifty percent, but drug related fatalities increased 83 percent. The current 2022 fatality rate in San Bernardino is 21.6 per capita. Nationally, 2018 fatal crash rates are at a comparative 11.18 per capita. Using California OTS ranking information for 2020, San Bernardino had a composite ranking of 1 out of 61 cities in the State of California. During 2022, traffic fatalities increased over eight percent, while the national trend continued to rise at about seven percent. One of the major contributors to our crime and traffic issues, besides disregard for the law and safety, is a lack of manpower. Due to a high number of calls for service, patrol units are not able to conduct highly visible traffic enforcement. The motor unit is tasked with high visibility enforcement, but staffs only six officers with an auxiliary unit of ten officers to assist with investigations. The Patrol Division has a high priority level for new staffing, resulting in a reduction of motor officers. The grant funds that have been awarded by the Office of Traffic Safety have been extremely beneficial to the residents, businesses, and visitors of San Bernardino. Grant funds put more officers on the streets for enforcement of traffic laws and educating the public. In 2022, the San Bernardino Police Department was tasked with investigating 46 fatal traffic crashes, resulting in 48 deaths on our city streets. Many fatal traffic investigations were sent to the San Bernardino County District Attorney’s Office for review and possible manslaughter or murder filings due to gross negligence for several involved drivers. These investigations are time consuming and take the traffic officers off the street for a substantial amount of time, which also adds to the decrease in our proactive time to enforce traffic laws. The funds granted By California Office of Traffic Safety substantially increase officers proactive time to increase traffic safety. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes.       Packet Pg. 392 8/22/2023 2:04:35 PM Page 4 of 17 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1 7. Send law enforcement personnel to SFST Instructor training. 1 8. Send law enforcement personnel to DRE Instructor training. 1 9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 10 10. Conduct DUI Saturation Patrol operation(s). 16 11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 6 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 2 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 2 16. Participate in highly visible collaborative DUI Enforcement operations. 2 17. Participate in highly visible collaborative Traffic Enforcement operations. 1 18. Send law enforcement personnel to DUI Checkpoint Planning and Management training. 1       Packet Pg. 393 8/22/2023 2:04:35 PM Page 5 of 17 3. METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.  All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities:  Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.  If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).  Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.       Packet Pg. 394 8/22/2023 2:04:35 PM Page 6 of 17  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.  Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.  Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)  Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.  Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.  Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief s ummary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.       Packet Pg. 395 8/22/2023 2:04:35 PM Page 7 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT24169 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-24 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $367,000.00 402PT-24 20.600 State and Community Highway Safety $200,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-24 $16,000.00 10 $160,000.00 DUI Saturation Patrols 164AL-24 $10,000.00 16 $160,000.00 Collaborative DUI Enforcement 164AL-24 $10,000.00 2 $20,000.00 Benefits for 164AL OT @ 5.25% 164AL-24 $340,000.00 1 $17,850.00 Traffic Enforcement 402PT-24 $10,000.00 6 $60,000.00 Distracted Driving 402PT-24 $10,000.00 2 $20,000.00 Motorcycle Safety 402PT-24 $10,000.00 2 $20,000.00 Pedestrian and Bicycle Enforcement 402PT-24 $10,000.00 6 $60,000.00 Traffic Safety Education 402PT-24 $2,500.00 2 $5,000.00 Collaborative Traffic Enforcement 402PT-24 $10,000.00 1 $10,000.00 Benefits for 402PT OT @ 5.25% 402PT-24 $175,000.00 1 $9,188.00 Category Sub-Total $542,038.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $6,812.00 1 $6,812.00 $0.00 Category Sub-Total $6,812.00 C. CONTRACTUAL SERVICES Phlebotomist 164AL-24 $85.00 75 $6,375.00 Category Sub-Total $6,375.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $2,775.00 1 $2,775.00 Lidar Device 402PT-24 $3,000.00 2 $6,000.00 Computer or Tablet 402PT-24 $3,000.00 1 $3,000.00 Category Sub-Total $11,775.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $567,000.00       Packet Pg. 396 8/22/2023 2:04:35 PM Page 8 of 17       Packet Pg. 397 8/22/2023 2:04:35 PM Page 9 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT24169 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Benefits for 164AL OT @ 5.25% - Medicare 1.45% Unemployment Insurance 0.30% Workers Compensation 3.5% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Benefits for 402PT OT @ 5.25% - Medicare 1.45% Unemployment Insurance 0.30% Workers Compensation 3.5% TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California T raffic Safety Summit and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law. EQUIPMENT - OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping. Computer or Tablet - For use in tracking or conducting grant activities and producing required reports. Costs may include a desktop computer, monitor, laptop, tablet, printer, software and accessories. INDIRECT COSTS -       Packet Pg. 398 8/22/2023 2:04:35 PM Page 10 of 17 STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.       Packet Pg. 399 8/22/2023 2:04:35 PM Page 11 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT24169 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receiv es grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to:  23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:  Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);  49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);  The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));  Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).       Packet Pg. 400 8/22/2023 2:04:35 PM Page 12 of 17 The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively. GENERAL ASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.       Packet Pg. 401 8/22/2023 2:04:35 PM Page 13 of 17 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted— 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;       Packet Pg. 402 8/22/2023 2:04:35 PM Page 14 of 17 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or       Packet Pg. 403 8/22/2023 2:04:35 PM Page 15 of 17 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for 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; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or       Packet Pg. 404 8/22/2023 2:04:35 PM Page 16 of 17 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.       Packet Pg. 405 8/22/2023 2:04:35 PM Page 17 of 17 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.       Packet Pg. 406 Page 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Darren L. Goodman, Chief of Police Department:Police Subject:Acceptance of FY 2023 Edward Byrne Justice Assistance Grant (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing: 1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and 2. The Agency Director of Administrative Services to amend the FY2023/24 Adopted Budget by $230,081 in both revenue and expenditures. Executive Summary Staff recommends the acceptance of the FY 2023 Edward Byrne Justice Assistance Grant in the amount of $230,081 for the purpose of creating a real-time crime center within the Police Department. Background The San Bernardino Police Department is a sub-recipient of the Edward Byrne Memorial Justice Assistance Grant (JAG) through the County of San Bernardino. The JAG grant is a formulary grant that is allocated based on population and a three-year average of reported violent crime. The City of San Bernardino has been designated a disparate jurisdiction, which allows the City to receive one-and-one-half of the County Allocation. San Bernardino County serves as the grant recipient, administrator, and fiscal agent for the JAG program funds and is allowed to charge each jurisdiction a 5% administrative fee from the jurisdiction’s allocation. JAG grants are cash grants paid in advance with no requirement for matching funds. Discussion The San Bernardino Police Department has received a grant award in the amount of       Packet Pg. 407 Page 2 $230,081 for FY2023 for the grant period of 20/1/2022 through 9/3026. The grant was awarded to the City on August 22, 2023, with agreements sent for final approval on September 1, 2023. The project proposed for the FY2023 JAG grant was technology- based and involved the purchase of necessary hardware and software to establish a real-time crime center at the Police Department. 2021-2025 Strategic Targets and Goals The request to authorize the receipt, obligation, and expenditure of the FY2023 JAG grant aligns with Goal No. 3. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing: 1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and 2. The Agency Director of Administrative Services to amend the FY2023/24 Adopted Budget by $230,081 in both revenue and expenditures. Attachments Attachment 1 – Resolution No. 2023-154 Attachment 2 – Interlocal Agreement Ward: All Wards Synopsis of Previous Council Actions: FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 230,081 $ 0 $ 230,081 $ 0 GENERAL FUND SHARE $ 0 $ 0 $ 0 $ 0 SOURCE OF FUNDS: The source of funding is the FY2023 JAG award. Budget Adjustment: Yes There is no fiscal impact to the General Fund. The 2023/24 Budget will be amended by $230,081 in both revenue and expenditures. For Fiscal Year: 23/24       Packet Pg. 408 Page 3 March 1, 2023 Mayor and City Council adopted Resolution 2022-038, accepting the FY 2022 JAG grant July 20, 2022 Mayor and City Council adopted Resolution 2022,220, accepting the FY 2020 and 2021 JAG grants July 20, 2020 Mayor and City Council adopted Resolution 2020-220, accepting the 2017, 2018, and 2019 JAG grants Nov 7, 2016 Mayor and City Council adopted Resolution 2016-230, accepting the 2016/17 JAG grant May 2, 2016 Mayor and City Council adopted Resolution 2016-87, accepting the 2015/16 JAG grant June 16, 2014 Mayor and City Council adopted Resolution 2014-17, accepting the 2014/15 JAG grant       Packet Pg. 409 Resolution No. 2023-154 Resolution 2023-154 October 4, 2023 Page 1 of 3 3 3 5 8 RESOLUTION NO. 2023-154 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE 2023 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) AND AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2023/24 ADOPTED BUDGET BY $230,081 IN BOTH REVENUE AND EXPENDITURES. WHEREAS, the City of San Bernardino is a SUB-RECIPIENT TO THE County of San Bernardino for the Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the City of San Bernardino has been awarded the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $230,081; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized to execute the 2023 Interlocal Agreement for the Edward Byrne Memorial Justice Assistance Grant and execute any documents as may be necessary to accept grant funds. SECTION 3. The Agency Director of Administrative Services is authorized to amend the FY2023/24 Adopted Budget, appropriating $230,081 in revenue and expenditure. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 410 Resolution No. 2023-154 Resolution 2023-154 October 4, 2023 Page 2 of 3 3 3 5 8 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 411 Resolution No. 2023-154 Resolution 2023-154 October 4, 2023 Page 3 of 3 3 3 5 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 Resolution No. 2023-154, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 412       Packet Pg. 413       Packet Pg. 414       Packet Pg. 415       Packet Pg. 416       Packet Pg. 417       Packet Pg. 418       Packet Pg. 419       Packet Pg. 420       Packet Pg. 421       Packet Pg. 422       Packet Pg. 423       Packet Pg. 424       Packet Pg. 425       Packet Pg. 426       Packet Pg. 427       Packet Pg. 428       Packet Pg. 429       Packet Pg. 430       Packet Pg. 431       Packet Pg. 432       Packet Pg. 433 1 6 1 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance Department:Public Works Subject:Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy. Executive Summary: Adoption of Resolution No. 2023-155 will approve the Five-Year Measure I Capital Improvement Plan (MICIP) and approve the Measure I Expenditure Strategy. The Resolution is required to continue to receive Measure I Local Street Project Funds (Local Funds). The projects identified in the Resolution have been previously identified in the City’s Capital Improvement Plan and will not impact the General Fund. Background In November 1989, voters approved Measure I that authorized the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040. Discussion The City is required to adopt a Five-Year MCIP annually. This plan identifies projects and the estimated Measure I expenditures. This an annual requirement to continue to receive Local Funds. Local Funds can be expensed for any eligible transportation       Packet Pg. 434 1 6 1 7 purpose determined to be a local priority. This includes improvements for local streets, major highways, state highway, transit, and other improvements that maximize the use of transportation facilities. Expenditure of Local Funds shall be based upon a Five-Year MICIP adopted annually by the governing body of each jurisdiction after being made available for public review and comment. The Five-Year MICIP only relates to the expenditure of Measure I funds, and each agency is required to update their plan annually. If approved, the City would be committed to expending funds in accordance with the first year of the MICIP. The second through fifth years are estimates for planning purposes and the MICIP will be evaluated annually to update projects and estimates identified in future years. In addition to obtaining approval for the proposed Five-Year MICIP for FY 2023- 2028, the proposed Resolution includes language asserting that the City of San Bernardino will meet its base year level Maintenance of Effort of approximately $1.1M for FY 2023/24. Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions provide an annual statement in the resolution of the governing body adopting the Five-Year MICIP which acknowledges that the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required base year level within the fiscal year. City staff is recommending approval of the proposed Five-Year MICIP for FY 2023- 2028 (Attachment 2, Exhibit A). The projects shown in the five years of the MICIP reflect the projects and budget amounts included in the City's previously adopted Capital Improvement Plan budget. However, only projects in the first year of the budget are funded in FY 2023/24. The City is projected to receive $5,887,271 in Measure I pass-thru funds for fiscal year 2023/24 and Exhibit A of the Resolution indicates the way those funds have been allocated in the City’s Capital Improvement Budget. Changes to the MICIP during the year are permitted, subject to approval of plan amendments by Resolution of the Mayor and City Council. SBCTA also requires the local agencies to provide an "Expenditure Strategy", included as Exhibit B of the Resolution. 2021-2025 Strategic Targets and Goals The Measure I Five-year MICIP is consistent with Key Target No. 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in FY 2023/24. Fiscal Impact There is no General Fund impact associated with this action. The projects listed in the proposed Five-Year MICIP Fiscal Year 2023/24 - 2027/28 for Measure I Local Expenditures for the City of San Bernardino have previously been identified in the City's Capital Improvement Plan.       Packet Pg. 435 1 6 1 7 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy. Attachments Attachment 1 Resolution No. 2023-155 Attachment 2 Exhibit A, Five-Year Capital Improvement Plan Attachment 3 Exhibit B, Expenditure Strategy Ward: All Wards Synopsis of Previous Council Actions: June 17, 2020 Resolution No. 2020-143 adopted the Five-Year Measure I Capital Improvement Program for FY 2020/21 – FY 2024/25. June 2, 2021 Resolution No. 2021-130 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2020/21 – FY 2024/25 July 21, 2021 Resolution No. 2021-182 adopted the Five-Year Measure I Capital Improvement Program for FY 2021/22 – FY 2025/26 June 15, 2022 Resolution No. 2022-133 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2022/23 – FY 2026/27 July 15, 2022 Resolution No. 2022-1350 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2022/23 – FY 2026/27       Packet Pg. 436 Resolution 2023-155 Resolution 2023-155 October 4, 2023 Page 1 of 5 3 4 5 1 RESOLUTION NO. 2023-155 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2022/23 THROUGH FISCAL YEAR 2026/27 AND MEASURE I EXPENDITURE STRATEGY WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and WHEREAS, in compliance with Policy VLS-25 of the Measure I Strategic Plan, the City hereby acknowledges that it will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort (MOE) base year level for FY 2023/24. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves the Five-Year Capital Improvement Plan (FY 23/24 through FY 27/28) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’. SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.       Packet Pg. 437 Resolution 2023-155 Resolution 2023-155 October 4, 2023 Page 2 of 5 3 4 5 1 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 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: City Attorney       Packet Pg. 438 Resolution 2023-155 Resolution 2023-155 October 4, 2023 Page 3 of 5 3 4 5 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-155, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 439 Resolution 2023-155 Resolution 2023-155 October 4, 2023 Page 4 of 5 3 4 5 1 Exhibit A Resolution Number: Resolution Approval Date: Contact Person/Title: Phone: Email: 6/30/23 Carryover Balance $10,758,658.00 FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Re v. $5,831,187 $5,968,975 $6,143,263 $6,322,614 $6,507,173 $30,773,212 Projects: State HWY I-215 and University Parkw ay Interchange Improvements (7240)No No 0.0%0.0%$3,000,000 $1,000,000 $1,000,000 $0 $0 $0 $2,000,000 H St. Widening from Kendall Dr. to 40th St. (7872)No No 0.0%0.0%$1,900,000 $5,000 $0 $0 $0 $0 $5,000 ATP Cycle 2 Saf e Route to School No Yes 0.0%0.0%$453,000 $65,200 $0 $0 $0 $0 $65,200 Cityw ide Pavement Rehabilitation (7306)No No 0.0%0.0%$380,000 $380,000 $0 $0 $0 $0 $380,000 City of Highland Joint Projects: Pacific Avenue Pavement Rehabiliation (8674)No No 0.0%0.0%$844,000 $844,000 $0 $0 $0 $0 $844,000 Pepper Ave Rehabilitation (8713)No No 0.0%0.0%$2,800,000 $2,800,000 $0 $0 $0 $0 $2,800,000 Mill and K Street Traf f ic Signal Upgrade (8715)No No 0.0%0.0%$3,700 $3,700 $0 $0 $0 $0 $3,700 Mill Street and Arrow head Traf f ic Signal Upgrade (8716)No No 0.0%0.0%$10,700 $10,700 $0 $0 $0 $0 $10,700 Sierra Way from 9th Street to 40th Street, Street Pavement & Concrete Work Improvements (8833)No No 0.0%0.0%$98,000 $98,000 $0 $0 $0 $0 $98,000 Street Rehabilitation : Bellview St., 27th St., Temple St. (8834, 8835, 8836)No No 0.0%0.0%$543,000 $543,000 $0 $0 $0 $543,000 SB County Joint Rehab Projects (8885)No No 0.0%0.0%$8,003,500 $300,000 $1,071,000 $0 $0 $0 $1,371,000 Alabama Street Rehabilitation Project (8898)No No 0.0%0.0%$22,000 $0 $22,000 $0 $0 $0 $22,000 State Highw ay CA -210 Interchange Improvements at Waterman A venue (8927)No No 0.0%0.0%$1,300,000 $1,300,000 $0 $0 $0 $0 $1,300,000 Pavement Management Program (8956)No No 0.0%0.0%$1,000,000 $500,000 $500,000 $0 $0 $0 $1,000,000 Arrow head Farm Street Rehabilitation (8979)No No 0.0%0.0%$0 $0 $490,000 $0 $0 $0 $490,000 $7,306,600 $3,626,000 $0 $0 $0 $10,932,600 Total Programming is currently 26%Total Es tim ated Progr am m ing:$10,932,600 Is P ro ject in City's No n- mo to rized Transpo rtatio n Plan? (Yes/No ) Do es P ro ject have an A TP Co mpo nent? (Yes/No ) Is the P ro ject o n the City's Nexus Study List? (Public/DIF Share %) Estimated Total Project Cost salinas_er@sbcity.org Projects Total: San Bernardino Current Estimate Current Estimate TotalCurrent Estimate Current Estimate Current Estimate (Must not exceed 150% of Carryover Balance + Total Estimated Revenue) Jurisdiction:2023-XX 10/4/2023 Ernesto Salinas, Int Director of PW (909) 384-5140 Measure I Local Pass-through Program FIVE YEAR CAPIT AL IMPROVEMENT PLAN Fiscal Years 2023/2024 thru 2027/2028       Packet Pg. 440 Resolution 2023-155 Resolution 2023-155 October 4, 2023 Page 5 of 5 3 4 5 1 EXHIBIT B CITY OF SAN BERNARDINO MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2023/2024 to 2027/2028 The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals. In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities. Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.       Packet Pg. 441 Resolution Number: Resolution Approval Date: Contact Person/Title: 2023-XX 10/4/2023 Jurisdiction:Measure I Local Pass-through Program FIVE YEAR CAPITAL IMPROVEMENT PLAN San BernardinoErnesto Salinas, Int Director of PW (909) 384-5140Phone: Email:Fiscal Years 2023/2024 thru 2027/2028salinas_er@sbcity.org 6/30/23 Carryover Balance FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue $10,848,525.12 Total Est. Rev.Is Project in City's Non-motorized Transportation Component? Plan? (Yes/No) Does Project have an ATP Is the Project on the City's Nexus Study List? (Public/DIF Share %) Estimated Total Project Cost $5,831,187 $5,968,975 $6,143,263 $6,322,614 $6,507,173 $30,773,212 Total(Yes/No)Current Current Current Current Current Projects:Estimate Estimate Estimate Estimate Estimate State HWY I-215 and University Parkway Interchange Improvements (7240)No No 0.0%0.0%$3,000,000 $1,000,000 $1,000,000 $0 $0 $0 $2,000,000 H St. Widening from Kendall Dr. to 40th St. (7872) ATP Cycle 2 Safe Route to School No No No No Yes No 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% $1,900,000 $453,000 $380,000 $5,000 $65,200 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,000 $65,200 Citywide Pavement Rehabilitation (7306)$380,000 $380,000 City of Highland Joint Projects: Pacific Avenue Pavement Rehabiliation (8674)No No No No No No 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% $1,273,097 $2,800,000 $98,000 $844,000 $2,800,000 $98,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $844,000 $2,800,000 $98,000 Pepper Ave Rehabilitation (8713) Sierra Way from 9th Street to 40th Street, Street Pavement & Concrete Work Improvements (8833) Street Rehabilitation : Bellview St., 27th St., Temple St. (8834, 8835, 8836)No No 0.0%0.0%$543,000 $543,000 $0 $0 $0 $543,000 SB County Joint Rehab Projects (8885)No No No No 0.0% 0.0% 0.0% 0.0% $8,003,500 $22,000 $300,000 $0 $1,071,000 $22,000 $0 $0 $0 $0 $0 $0 $1,371,000 $22,000Alabama Street Rehabilitation Project (8898) State Highway CA-210 Interchange Improvements at Waterman Avenue (8927)No No 0.0%0.0%$1,398,270 $1,300,000 $0 $0 $0 $0 $1,300,000 Pavement Management Program (8956)No No No No 0.0% 0.0% 0.0% 0.0% $1,000,000 $0 $500,000 $0 $500,000 $490,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000,000 $490,000Arrowhead Farm Street Rehabilitation (8979) Projects Total:$7,292,200 $3,626,000 $10,918,200 (Must not exceed 150% of Carryover Balance + Total Estimated Revenue)Total Programming is currently 26%Total Estimated Programming:$10,918,200 Page 1 of 1       Packet Pg. 442 Resolution 2023-XX EXHIBIT B CITY OF SAN BERNARDINO MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2023/2024 to 2027/2028 The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals. In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities. Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system.       Packet Pg. 443 1 6 5 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance Department:Public Works Subject:Contract Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156: 1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and 2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and 3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Executive Summary The 5th Street Senior Center Kitchen provides meals and food delivery services to local seniors in the community. The County of San Bernardino Health Department provided additional health code requirements that need to be completed before the 5th Street Senior Center Kitchen can open and become operational again. To complete the required improvements, a change order to the contract with Preferred General Services is needed.       Packet Pg. 444 1 6 5 2 Public Works staff is requesting a budget amendment to be completed from Measure S Fund balance in the amount of $69,183.27 to authorize a contract change order including construction contingencies in the amount of $520,573.30 to Preferred General Services. Background The City owns, maintains, and operates the 5th Street Senior Center. The 5th Street Senior Center offers senior residents an array of programs. The Senior Center programs and activities give older adults a chance to enjoy time with others, stay active and engaged, and healthy. The Center offers meals and food delivery services to the local senior community under the Senior Nutrition Program. These meals are prepared in the Center Kitchen. The facility was identified as needing kitchen improvements. On June 16, 2021, the Mayor and City Council adopted Resolution No. 2021-138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing funding for design and construction of the 5th Street Senior Center Kitchen Improvements project. On July 20, 2022, the Mayor and City Council adopted Resolution No. 2022-137 approving the award of a construction contract with Preferred General Services in the amount of $394,974 to provide such improvements. The Resolution also authorized the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to allocate an additional $217,061 to fund the 5th Street Senior Center Kitchen Improvements project. Preferred General Services completed such improvements, however, the San Bernardino County Health department required additional improvements to comply with the Health and Safety Code. These additional improvements require a change order. Discussion The contract with Preferred General Services was awarded to provide removal of existing appliances, fiberglass reinforced paneling, electrical outlets, lighting, walk-in freezer, epoxy flooring, scullery system and waterless food warmer. Following a field inspection by the San Bernardino Health Department, additional improvements were identified that must be completed in order to meet Health and Safety Code requirements for the kitchen to become operational. Staff negotiated a contract change order with the contractor to add the following to the contract: •Replacement of the existing water heater to meet the Kitchen’s energy demand. •Install water mixing valves in all restrooms sinks in order to prevent scalding. •Replace T-bar acoustical panels with vinyl wrapped panels. •Replace two compartment sinks with three compartment sinks.       Packet Pg. 445 1 6 5 2 •Replace non-operational roof make up air cooler. •Provide an air volume and balance report. •Remove equipment, smooth out epoxy flooring under all equipment, and reinstall. •Remove rubber cove base throughout and install epoxy cove base. •Remove existing LVT (Luxury Vinyl Tile) in kitchen preparation area and replace with epoxy flooring. •Remove existing flooring and install epoxy flooring in mop closet. •Drain the 3-compartment sink, dish machine, pre-rinse, and the walk-in refrigerator/freezer indirectly to a floor sink. The total cost of all additional work as part of this Contract Change Order is $90,273.20. The Measure S Fund impact is an additional allocation of $69,183.27 to complete this project. The project costs and associated funding are outlined below: 5th Street Senior Kitchen Project budget $217,939.00 Original Fund allocation from Measure S $217,061.00 Available Account Balance (007-160-8860) $ 16,390.03 Budget Amendment Needed from Measure S $ 69,183.27 Total Available Project Funding $520,573.00 The estimated project costs as well as available funding in FY 2022/23 Capital Improvement Plan are summarized below: Original Project Bid Amount $394,974.00 Original Construction Contingency Used $ 40,026.00 Contract Change Order $ 65,846.50 Contract Change Order Contingency $ 19,726.80 Total Contract Work $520,573.30 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this project will result in public improvements being constructed that minimize risk and litigation exposure through kitchen improvements for 5th Street Senior Center. Fiscal Impact The total available funding amount budgeted and amended in Fiscal Year 2022/23 for this project was $451,390.03. To cover the costs of the change order, a budget amendment in the amount of $69,183.27 from the Measure S Fund is being requested to complete the Project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156:       Packet Pg. 446 1 6 5 2 1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and 2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and 3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2023-156 Attachment 2 Agreement with Preferred General Services Attachment 3 Change Order Preferred General Services Ward: First Ward Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing funding for the 5th Street Senior Center Kitchen Improvements project. July 20, 2022 Mayor and City Council adopted Resolution No. 2022-137 approving the award of a construction contract to Preferred General Services for the 5th Street Senior Center Kitchen Improvements.       Packet Pg. 447 Resolution No. 2023-156 Resolution 2023-156 October 4, 2023 Page 1 of 4 3 4 6 6 RESOLUTION NO. 2023-156 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH PREFERRED GENERAL SERVICES IN THE AMOUNT OF $500,846.50 TO PROVIDE IMPROVEMENTS TO 5TH STREET SENIOR CENTER KITCHEN; AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO RECORD A BUDGET AMENDMENT FROM MEASURE S FUND BALANCE TO ALLOCATE AN ADDITIONAL $69,183.27 TO FUND THE REQUIRED CHANGE ORDER TO COMPLETE THE 5TH STREET SENIOR CENTER KITCHEN IMPROVEMENTS; AND AUTHORIZING PROJECT CONSTRUCTION AND CONSTRUCTION CONTINGENCIES IN THE TOTAL AMOUNT OF $520,573.30 FOR THE 5TH STREET SENIOR CENTER KITCHEN IMPROVEMENTS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City is responsible for maintaining 5th Street Community Senior Center located at 600 West 5th Street in the City of San Bernardino; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the 5th Street Senior Center Kitchen Improvements project; and WHEREAS, on July 20, 2022, the Mayor and City Council adopted Resolution No. 2022- 137 approving the award of a construction contract with Preferred General Services in the amount of $394,974 to provide improvements to the 5th Street Senior Center Kitchen and authorized the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to allocate an additional $217,061 to fund the 5th Street Senior Center Kitchen Improvements project; and WHEREAS, additional construction services are needed to complete the project, additional funding is required with a total project budget of $520,573.30. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.       Packet Pg. 448 Resolution No. 2023-156 Resolution 2023-156 October 4, 2023 Page 2 of 4 3 4 6 6 SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of 5th Street Senior Center Kitchen Improvements project with Preferred General Services, of Apple Valley, California, for Project No. 13472 on behalf of the City and to expend contingency funds, if necessary, to complete the Project. SECTION 3. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to record a budget amendment in the amount of $69,183.27 from Measure S Fund balance to complete the Project. SECTION 4.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $500,846.50 to Preferred General Services, of Apple Valley, California, in support of the Construction Agreement. 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 4th day of October 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk       Packet Pg. 449 Resolution No. 2023-156 Resolution 2023-156 October 4, 2023 Page 3 of 4 3 4 6 6 Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 450 Resolution No. 2023-156 Resolution 2023-156 October 4, 2023 Page 4 of 4 3 4 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. 2023-156, adopted at a regular meeting held on the 4th day of October 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 451       Packet Pg. 452       Packet Pg. 453 PREFERRED GENERAL SERVICES DVBE – SBE # 2003750 Dir # 1000008090 B & C-15 CSLB# 606321 Office (760) 240-3236 Fax (760) 657-2580 Email gary.pgsconstruction@gmail.com WATER HEATER Rheem 100 Gallon 199,000 BTU 8,604.50$ WATER HEATER LABOR 2,484.00$ WATER MIXING VALVES 12 locations 363.1 4,357.20$ Mixing Valve Labor 2,332.80$ Replace T-Bar Acoustical Panels with Vinyl Wrapped Panels 4,804.00$ Food Prep Rm & Small Storage Rm 3 Compartment Sink - Disconnect from wall sewer drain - Reroute drain to Floor Sink 675.00$ New wall Drain - Parts 235.00$ Roof Make Up Air Cooler - Replace Pump, Start Up Service and Adjust Labor 350.00$ Parts 125.00$ Air Volume and Balance Report 1,200.00$ Smooth out Epoxy Flooring under equipment 3,050.00$ Remove rubber cove base in Restroom, Locker Storage, Hallway and Storage Room and 3,900.00$ install epoxy cove base. There will be a seam at the cove/floor transition. Remove LVT flooring in Room 101 Food Prep and Room 102 Food Prep Storage rooms and install Sunbelt 1100 resinous flooring and cove base. 640 sq. ft. and 146 lin. Ft. of cove base.23,350.00$ Install fillers at bottom of lockers 400.00$ Mop Closet - Strip Floor, Install FRP, Install Epoxy Floor & Cove 3,490.00$ Remove 2 compartment sink and install custom 3 compartment sink - Dishwashing Room 9,600.00$ Includes plumbing modifications, lever drain. Install Floor Sink for Freezer Refrigerator Condensate Line (Refer #6) 1,950.00$ Install New Floor sinks in Scullery Area. Cut & Remove concrete slab, reconfigure drainage, repour floor re-epoxy floor. (Refer #5) * Based on simple conections to existing floor drain. 9,500.00$ No building plans avaiable. Equipment Move out and Move in 8,700.00$ 89,107.50$ San Bernardino County Tax 1,165.70$ Total 90,273.20$ 8/16/2023       Packet Pg. 454 Page 1 1 6 2 4 Consent Calendar City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Ernesto Salinas, Director of Public Works, Operations and Maintenance Department:Public Works Subject:Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621 An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality. Executive Summary: Staff is recommending the Council take actions to grant a municipal utility franchise agreement to Southern California Gas Company (SCG) to provide utility services. The 20-year agreement would be effective on October 4, 2023, and expire on October 4, 2043. Under the terms in the agreement (consistent with the California Public Utilities Commission guidelines) SCG will pay the city a franchise fee of 2% and relocate its facilities at no cost to the City when in conflict with public construction projects. There is no fiscal impact associated with this action. The City currently receives an average of $700,000 in revenue annually. Background In September 2003, the City entered into a 20-year franchise agreement with SCG. Ordinance No. MC-1149 was adopted by the City Council on August 4, 2003, with an expiration date of September 4, 2023. In January 2023, SCG contacted City staff with a proposal to execute a new utility franchise agreement within the incorporated City limits in accordance with Section       Packet Pg. 455 Page 2 1 6 2 4 6261 of the California Public Utilities Code. The length of the proposed franchise spans across a 20-year term and will be effective 30 days following adoption of the proposed Ordinance on October 4, 2023. SCG filed an application with the City Clerk for a gas franchise and submitted a request for a license. They completed the application in July 2023. The City accepted the SCG’s application at the August 2, 2023 City Council meeting and enacted the resolution of intention to grant a gas franchise, and approved the license agreement. The license extended the terms of the existing franchise agreement for up to 120 days, providing time for a new agreement to be completed. On September 6, 2023, the City conducted a public hearing and introduction of the proposed ordinance. Discussion A municipal utility franchise agreement is a contract between a City and a utility service provider that includes terms and conditions under which the service provider may install infrastructure in public rights-of-way to provide utility services. The proposed franchise includes a 20-year term, with an effective date of October 4, 2023. The agreement allows the utility to construct, maintain and operate its natural gas system in the City-owned public rights-of-way. In exchange, the agreement requires SCG to pay the City gross receipts from the sale of gas, which is a fee that is equal to the higher of: •Two percent (2%) of the gross annual receipts of the grantee derived from the use, operation or possession of this franchise. •Two percent (2%) of the gross annual receipts of the grantee derived from the sale, transmission, or distribution of gas within the limits of the City under this franchise. The franchise fee is determined by Public Utilities Code Section 6231 (c). The agreement also requires SCG to relocate its facilities, at no cost to the City, when in conflict with public construction projects. The average annual revenue generated from this Franchise over the last 5 fiscal years is approximately $700,000. SoCalGas rates are regulated and approved by the California Public Utilities Commission (CPUC). The Current Charges on a bill are based on four components: •Customer Charge – Based on days of service. •Gas Transportation Cost – The cost to deliver natural gas. •Gas Commodity – The cost of natural gas purchased by SoCalGas on behalf of its customers.       Packet Pg. 456 Page 3 1 6 2 4 •Taxes and Fees – Includes the CPUC mandated Public Purpose Surcharge and any state or local fees and taxes. As currently drafted, no additional Franchise line item would be added to customers’ bills and the Utility Users Tax (UUT) will not change. The general rule of State CEQA Guidelines Section 15061 (b)(3), is that CEQA (California Environmental Quality Act) applies only to projects which have the potential for causing a significant effect on the environment. The planned actions are exempt from those terms. The proposed Ordinance is not a project subject to the California Environmental Quality Act in accordance with Section 21 065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and15378. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No.4: Economic Growth & Development. The proposed franchise is consistent with the Council's goals to maintain fiscal responsibility and stability; to improve, maintain and enhance public facilities and infrastructure; to support and promote the quality of life and local economy; and to ensure public safety. Fiscal Impact Based on the past five years of revenue, Franchise fees are expected to generate an annual revenue of approximately $500,000 to $1,000,000 per year for the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621 An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality. Attachments Attachment 1 Ordinance No. MC-1621 Attachment 2 Ordinance No. MC-1149 . Ward: All Wards Synopsis of Previous Council Actions: September 6, 2023 Mayor and City Council conducted a public hearing and introduction of Ordinance MC-1621.       Packet Pg. 457 Page 4 1 6 2 4 August 2, 2023 Mayor and City Council formally accepted SCG’s application for franchise, enacted the resolution of intention to grant a gas franchise. August 4, 2003 Mayor and City Council Adopted Ordinance No. MC-1149.       Packet Pg. 458 Ordinance No. MC-1621 1 3 1 8 6 ORDINANCE NO. MC-1621 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, California Public Utilities Code Section 6202 provides that the legislative body of a municipality may grant a franchise to any corporation to lay and use pipe and appurtenances for transmitting and distributing gas under and along public streets within the municipality; and WHEREAS, California Public Utilities Code Section 6231(c) provides a formula for the amount the grantee shall pay to the municipality during the life of the franchise; and WHEREAS, the City Council adopted Ordinance No. MC-1149 adopted on August 4, 2003 and effective as of September 4, 2003, granting a franchise to Southern California Gas Company for the transportation and distribution of gas (“Prior Franchise”); and WHEREAS, the Prior Franchise with Southern California Gas Company expires on September 4, 2023, and the City desires to grant a new franchise to Southern California Gas Company; and WHEREAS, the City Council duly held a public hearing to receive any protests regarding the proposed Southern California Gas Company franchise agreement on September 6, 2023; and WHEREAS, the City Council finds that it is in the public interest of its citizens to enter into a new franchise agreement with Southern California Gas Company; and WHEREAS, the proposed renewed franchise agreement sets the franchise fee at two percent (2%) of Southern California Gas Company’s gross revenues arising from this franchise agreement. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO UNDER AND PURSUANT TO DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, DO HEREBY GRANT TO SOUTHERN CALIFORNIA GAS COMPANY A RENEWED FRANCHISE       Packet Pg. 459 Ordinance No. MC-1621 2 3 1 8 6 AGREEMENT UPON THE FOLLOWING TERMS AND CONDITIONS: SECTION ONE The above recitals are true and correct and are incorporated herein by this reference. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "Grantee" shall mean Southern California Gas Company, and its lawful successors or assigns; (b) The word "City" shall mean the City of San Bernardino, a Charter City and a municipal corporation of the State of California, in its present incorporated form or in any later reorganized. consolidated or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City; (d) The word "Engineer” shall mean the City Engineer; (e) The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City, as more fully set forth in Section 2(a) below; (f) The word "gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas; (g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, adjunct communications line, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in, or in carrying on the business of, transmitting and distributing gas; and       Packet Pg. 460 Ordinance No. MC-1621 3 3 1 8 6 (h) The phrase "lay and use" shall mean to lay construct, erect, install, operate, maintain, use, repair, replace, or remove. (i) The phrase "adjunct communications line" shall mean any facility such as coaxial cable, optical fiber, wire or other transmission lines or forms of transmission, and associated equipment and devices located in, upon, along, across, under or over the streets of the City, the sole function of which is to monitor or control the operation or safety of the gas system facilities via the distribution of video, audio, voice or data signals. An adjunct communications line shall not include any facility which distributes, through any means, to subscribers or persons other than grantee, the signal of one or more broadcast television or radio stations or other sources of video. audio. voice or data signals for a length in excess of 1,000 feet. SECTION TWO (a) That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to Chapter 14.04 (Sections 14.04.010- 14.04.030) of the San Bernardino Municipal Code, is hereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of the City. Any proposed telecommunication or other non-gas system uses must be approved by the City under a separate franchise or other applicable City permit. (b) The term or period of this franchise shall be twenty (20) years from and after the effective date hereof; that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for noncompliance with its terms by the possessor thereof.       Packet Pg. 461 Ordinance No. MC-1621 4 3 1 8 6 (c) City shall have the right to terminate this Franchise by ordinance, at any time, should any of the following events occur: (i) the Grantee fails to comply with any material provision hereof or (ii) the City purchases (through its power of eminent domain or otherwise) all of the franchise property of Grantee. The Grantee shall be given thirty (30) days written notice prior to the beginning of any termination proceeding. SECTION THREE (a) The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a total annual Franchise Fee, calculated in the following manner: (i) Gross Receipts from the Sale of Gas. A fee that is equal to the higher of: (A) Two percent (2%) of the gross annual receipts of the Grantee derived from the use, operation or possession of this franchise (Broughton Act Formula); or, (B) Two percent (2%) of the gross annual receipts of the Grantee derived from the sale, transmission, or distribution of gas within the limits of the City under this franchise. (C) In the event the legislature amends the Franchise Act of 1937 (Public Utilities Code §6201-6302) or enacts any other state law which increases the franchise payment to cities to a level greater than that provided in this Section 3(a), then the City shall have the option of prospectively employing the legislative formula, which shall apply for the remaining term of this agreement instead of the payments set forth in Section 3(a) herein. If the City exercises said option, the legislative formula shall be prospectively applied hereto on the later of the effective date of the legislation or January l of the calendar year in which the City exercised said option. (ii) The annual amount of the “municipal public lands use surcharge” applicable to this franchise, as set forth in and calculated pursuant to Division 3, Chapter 2.5       Packet Pg. 462 Ordinance No. MC-1621 5 3 1 8 6 of the California Public Utilities Code (as may be amended from time to time, the “Municipal Public Lands Use Surcharge”). (b) The Franchise Fee (as described in subsections (a)(i) and (a)(ii) above) shall be paid in four installments, each installment being equal to the amount determined by the applicable gross receipts formula in subsection (a)(i) for the preceding calendar quarter only, plus the amount of the Municipal Public Lands Use Surcharge for the preceding calendar quarter only. Each installment shall be paid to the City on or prior to the twenty-fifth (25th) day of the second month following the respective quarter for which payment is made, except for the final quarterly payment for the year, which shall be paid on or prior to March 31st of the subsequent year. For example, the installment for the first quarter of the year (January through March) shall be paid to the City on or before May 25th. Any overpayment shall be recovered by Grantee by setoff against future installments, or, if the franchise has been terminated, such overpayment, or the balance thereof, shall be payable by City to Grantee upon written demand. Notwithstanding the foregoing, any payments calculated and to be paid under this franchise shall be prorated and setoff against any payments calculated and actually paid or payable under the Prior Franchise for the same period. SECTION FOUR (a) Any notices shall be in writing and be delivered by courier service or by certified mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next business day, to the other party at the address shown below or at such other address as the party may designate by written notice delivered in the manner provided for herein: City of San Bernardino 290 N. "D" Street San Bernardino, CA 92418 Telecopy·. (909) 384-5158 Telephone: (909) 384-5002 Attn: City Clerk With a copy to City of San Bernardino 290 N. "D" Street       Packet Pg. 463 Ordinance No. MC-1621 6 3 1 8 6 San Bernardino, CA 92418 Telecopy: (909) 384-5138 Telephone: (909) 384-5122 Attn: City Manager Southern California Gas Company 555 West Fifth Street Los Angeles, CA 90013·101 l P.O. Box 3249 Los Angeles, CA 90051 • l 249 Telecopy number: 213-244-8223 Confirmation number: 213-244-5701 Attn: Senior Vice President, Distribution Operations and a copy to: Southern California Gas Company 555 West Fifth Street Los Angeles, CA 90013-1011 P.O. Box 3249 Los Angeles, CA 90051-1249 Telecopy number: 213-244-4997 Confirmation number: 213-244-2528 Attn: Franchise and Fees Manager, Regional Public Affairs (b) This grant is made in lieu of all other franchises owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. (c) The Grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the Grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar       Packet Pg. 464 Ordinance No. MC-1621 7 3 1 8 6 year, from the sale of the utility service within the City for which this franchise is granted, and any other information needed to calculate the Franchise Fee in SECTION THREE. Any neglect, omission or refusal by said Grantee to file such verified statement, or to pay said Franchise Fee, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION FIVE The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with additional territory, any and all franchise rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned within the limits of the additional territory. SECTION SIX The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the Grantee; nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION SEVEN The Grantee of this franchise shall: (a) Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions       Packet Pg. 465 Ordinance No. MC-1621 8 3 1 8 6 of general laws relating to the location and maintenance of such facilities; (b) Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise; (c) Grantee shall also be liable to the City for all damages proximately resulting from the failure of Grantee to observe and perform the provisions of this Franchise. This subsection (c) shall survive the termination or expiration of this Franchise and shall continue for so long as the franchise property of Grantee is located within the City. (d) Grantee shall indemnify, defend and hold harmless City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee to well and faithfully observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California. Grantee acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the use or existence of the pipes and appurtenances that are the subject of this Franchise are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorney's fees, disbursements, and other response costs are expressly within the scope of this indemnity. This subsection (d) shall survive the termination or expiration of this Franchise and shall continue for so long as the franchise property of Grantee is located within the City. (e) In the event the use of any franchise property is discontinued, Grantee shall promptly notify the Engineer of any material discontinuance and remove from the street all such discontinued property, unless the Engineer permits such property to be abandoned in place in accordance with the requirements of the Engineer (subject to applicable requirements of the California Public Utilities Commission). After abandonment, at the option of City, Grantee shall       Packet Pg. 466 Ordinance No. MC-1621 9 3 1 8 6 submit to the Engineer, an instrument, reasonably approved by the City and Grantee, transferring to the City the ownership of such franchise property. (f) City shall have the right to change the grade, width or location of any street, or improve any street in any manner, including but not limited to the laying of any sewer, storm drain, drainage facility, or other pipe, or construct and install any pedestrian tunnel, traffic signal, street lighting facility or other public improvement; provided, however, that nothing herein is intended to expand or limit the duty of Grantee to relocate at its expense under Public Utilities Code Section 6297 or common law, and as such law may change from time to time by judicial interpretation or by statutory enactment. If such work shall require a change in the position or location of any of Grantee's facilities or equipment, Grantee, at its sole expense, within ninety (90) days after written notice from the Engineer, shall commence the work of doing any and all things to effect such change in position or location in conformity with the Engineer's written instructions. (g) This franchise may not be transferred (voluntarily, involuntarily, or by operation of law), leased, or assigned by Grantee except by consent in writing of the Common Council, which shall not be unreasonably withheld or unreasonably conditioned and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms hereof; provided, however, that the foregoing shall not apply to Grantee's inclusion of the franchise as security under a mortgage, deed of trust or other security agreement securing the repayment of bonds or notes. Grantee shall file with the City Clerk and City Administrator of the City within thirty (30) days after any sale, transfer, assignment, or lease of this Franchise, or any part hereof. or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers. SECTION EIGHT The City Treasurer, or any certified public accountant. or qualified person designated by the City, at any reasonable time during business hours, may make examination at Grantee's offices of its books, accounts, computerized data, and records, germane to and for the purpose of verifying       Packet Pg. 467 Ordinance No. MC-1621 10 3 1 8 6 the data set forth in the statement required by SECTION FOUR hereof. SECTION NINE (a) Any pipes and appurtenances laid, located or maintained under said franchise shall be so placed as not to interfere with the use of the streets by the traveling public or for public purposes to any greater extent than is reasonably necessary; and in laying said pipes and appurtenances, Grantee shall fill the trench and leave the surface of the streets in as good condition as it was prior to excavating for laying said pipes and appurtenances; and any pipes and appurtenances laid or maintained under said franchise shall be laid, located and maintained in conformity with instructions given by and to the satisfaction of the Engineer; and Grantee, its successors and assigns, shall hold the City harmless from all damage resulting from the laying, use or operation of said pipes and appurtenances. (b) Where it is necessary to lay any underground pipes and appurtenances through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable, as determined by the Engineer, shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor, and Grantee shall restore such street, or portion of street, to as good a condition as existed before such work was done and such restoration shall be completed to the reasonable satisfaction of the Engineer. SECTION TEN If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, Grantee shall, at its own cost and expense, immediately repair any such damage and restore such portion of such damaged street to as good condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction.       Packet Pg. 468 Ordinance No. MC-1621 11 3 1 8 6 SECTION ELEVEN (a) If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise, in the event of noncompliance by the Grantee, its successors or assigns, with any of the conditions thereof. The remedy of forfeiture shall be in addition to any other legal rights, remedies, or causes of action the City may have, including but not limited to, the right to terminate under Section Two (c). SECTION TWELVE The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish such Grantee with a written statement of such expenses. SECTION THIRTEEN After the publication of this ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof. SECTION FOURTEEN The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause the same (with a list of the Council members voting for and against) to be published once 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 FIFTEEN For purposes of this franchise, the City Council finds that this franchise agreement with       Packet Pg. 469 Ordinance No. MC-1621 12 3 1 8 6 Southern California Gas Company does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and, therefore, does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment. For purposes of this franchise agreement, the City Council further finds that even if this franchise agreement constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15301 (Existing Facilities), 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts. None of the exceptions found in State CEQA Guidelines section 15300.2 to the use of these exemptions are present. The City Council hereby directs staff to file a Notice of Exemption with the County Clerk within five (5) working days of the adoption of this Ordinance. SECTION SIXTEEN If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional or invalid. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION SEVENTEEN This Ordinance shall take effect thirty (30) days after its adoption.       Packet Pg. 470 Ordinance No. MC-1621 13 3 1 8 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of October, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: City Attorney       Packet Pg. 471 Ordinance No. MC-1621 14 3 1 8 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 Ordinance No. MC-1621, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6th day of September 2023. Ordinance No. MC-1621 was approve passed and adopted at a regular meeting held the 4th day of October, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 472 Adopted August 4 2003 Effective September 4 2003 2 ORDINANCE NO MC 1149 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS SECTION ONE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 III 27 28Whenever in this ordinance the words or phrases hereinafter in this section defined are used they shall have the respective meanings assigned to them in the following definitions unless in the given instance the context wherein they are used shall clearly import adifferent meaning a The word Grantee shall mean Southern California Gas Company and its lawful successors or assigns b The word City shall mean the City of San Bernardino aCharter City and a municipal corporation of the State of California in its present incorporated form or in any later reorganized consolidated orreincorporated form c The word streets shall mean the public streets ways alleys and places as thesame now or may hereafter exist within said City d The word Engineer shall mean the CityEngineer1       Packet Pg. 473 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY e The word franchise shall mean and include anyauthorization granted hereunder in terms of afranchise privilege permit license or otherwise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under along across or upon the public streets ways alleys and places in the City as more fully set forth in Section Two a below f The word gas shall mean natural or manufactured gas or a mixture of natural and manufactured gas g The phrase pipes and appurtenances shall mean pipe pipeline cable main service trap vent vault manhole meter gauge regulator valve conduit appliance attachment adjunct communications line appurtenance and any other property located or to belocated in upon along across under or over the streets of the City and used or useful in or in carrying on the business of transmitting and distributing gas and h The phrase lay and use shall mean to lay construct erect install operate maintain use repair replace or remove III IIIIII2       Packet Pg. 474 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY iThe phrase adjunct communications line shall mean any facility such as coaxial cable optical fiber wire or other transmission lines or forms of transmission and associated equipment and devices located in upon along across under or over the streets of the City the sole function of which is to monitor or control the operation or safety of the gas system facilities via the distribution of video audio voice or data signals An adjunct communications line shall not include any facility which distributes through any means tosubscribers or persons other than grantee the signal of one or more broadcast television or radio stations or other sources of video audio voice or data signals for a length inexcess of 1 000 feet SECTION TWO a That the right privilege and franchise subject to each and all of the terms and conditions contained inthis ordinance and pursuant to Chapter 14 04 Sections 14 04 010 14 04 030 ofthe San Bernardino Municipal Code ishereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under along across or upon the streets of the City Any proposed telecommunication or other non gas system uses must be approved by the City under aseparate franchise orother applicable City permitIIIIII3       Packet Pg. 475 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY b The term or period of this franchise shall be twenty 20 years from and after the effective date hereof that is to say this franchise shall endure in full force and effect until the same shall with the consent of the Public Utilities Commission of the State of California be voluntarily surrendered or abandoned by its possessor or until the State ofCalifornia or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain all property actually used and useful in the exercise ofthis franchise and situated within the territorial limits of the State municipal or public corporation purchasing orcondemning such property or until this franchise shall beforfeited fornoncompliance with its terms by the possessor thereof c City shall have the right toterminate this Franchise byordinance at any time should any of the following events occur ithe Grantee fails to comply with any material provision hereof or ii the City purchases through its power ofeminent domain or otherwise all of the franchise property of Grantee The Grantee shall be given thirty 30 days written notice prior to the beginning of anytermination proceeding III IIIIII4       Packet Pg. 476 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n lAN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY SECTION THREE a The Grantee shall pay to the City at the times hereinafter specified in lawful money of the United States a total annual Franchise Fee initially calculated as of January I2003 and paid in the following manner iGross Receipts from the Sale of Gas A fee that is equal to the higher of A Two percent 2 of the gross annual receipts of the Grantee derived from the use operation orpossession of this franchise Broughton Act Formula or B 2 of the gross annual receipts of the Grantee derived from the sale transmission or distribution of gas within the limits of the City under this franchise C In the event the legislature amends the Franchise Act of 1937 Public Utilities Code 96201 6302 or enacts any other state law which increases the franchise payment to cities to alevel greater than that provided in this Section 3 a then the City shall have the option of prospectively employing the legislative formula which shall apply for the remaining term of this agreement instead of the payments set forth in Section 3 a herein If the City exercises said option the legislative formula shall be prospectively applied hereto onthe5      Packet Pg. 477 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY later of the effective date of the legislation orJanuary I of the calendar year in which the City exercised said option ii The Municipal Public Lands Use Surcharge as provided by Public Utilities Code Sections 6354 and following as may beamended from time to time b The Franchise Fee as described in subsections a iand a ii above shall be paid in four installments each installment being equal to the total gross receipts of the preceding calendar quarter employing the gross receipts formula plus the amount of the In Lieu Fee for the preceding calendar quarter Each installment shall be paid to the City on or prior to the twenty fifth 25th day of the second month following the respective quarter for which payment is made except for the final quarterly payment for the year which shall be paid on or prior to March 31 st For example the installment for the first quarter of theyear January through March shall be paid to the City on May 25th Any overpayment shall be recovered by Grantee by setoff against future installments or if the franchise has been terminated such overpayment or the balance thereof shall be payable by City to Grantee upon written demand III IIIIIIIII6       Packet Pg. 478 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY SECTION FOUR a Any notices shall be in writing and bedelivered by courier service or by certified mail return receipt requested or by telecopy with a confirming copy mailed first class mail by the next business day to the other party at the address shown below or at such other address as the party may designate by written notice delivered in themanner provided for herein City of San Bernardino 300 N D Street San Bernardino CA 92418 Telecopy 909 384 5158 Telephone 909 384 5002 Attn City Clerk With a copy to City of San Bernardino 300 ND Street San Bernardino CA 92418 Telecopy 909 384 5138 Telephone 909 384 5122 Attn City Administrator III IIIIIIIII1111117       Packet Pg. 479 MC 1l49 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IIISouthern California Gas Company 555 West Fifth Street Los Angeles CA 90013 1011 P O Box 3249 Los Angeles CA 90051 1249 Telecopy number 213 244 8223 Confirmation number 213 244 5701 Attn Senior Vice President Distribution Operations and a copy to Southern California Gas Company 555 West Fifth Street Los Angeles CA 90013 10 II P O Box 3249 Los Angeles CA 90051 1249 Telecopy number 213 244 4997 Confirmation number 213 244 2528 Attn Fees and Tax Manager Regional Public Affairs 20 III2122III232425IIIIIIIII26III27288       Packet Pg. 480 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY b This grant ismade in lieu of all other franchises owned by the Grantee or by any successor of the Grantee to any rights under this franchise for transmitting and distributing gas within the limits of the City as said limits now or may hereafter exist and the acceptance of the franchise hereby granted shall operate as anabandonment of all such franchises within the limits of this City as such limits now or may hereafter exist in lieu of which this franchise is granted This grant also supersedes that certain Resolution 2003 37 granting a revocable license tothe Southern California Gas Company for its operations in the City of San Bernardino adopted at the Mayor and Common Council meeting of January 21 2003 and the Revocable License between the parties executed pursuant to said Resolution c The Grantee ofthis franchise shall file with the Clerk of the City within three 3 months after the expiration ofthe calendar year or fractional calendar year following the date of the grant of this franchise and within three 3 months after the expiration of each and every calendar year thereafter aduly verified statement showing in detail the total gross receipts of the Grantee its successors or assigns during the preceding calendar year or such fractional calendar year from the sale of the utility service within the City for which this franchise is granted and anyother information needed to calculate the Franchise Fee in SECTION THREE Any neglect omission or refusal by said Grantee to file such verified statement or to paysaid Franchise Fee at the times or in the manner hereinbefore provided shall be grounds for the declaration ofa forfeiture of this franchise and of allrightsthereunder9       Packet Pg. 481 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY SECTION FIVE The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City When so filed such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with additional territory any and all franchise rights and privileges owned by the Grantee therein shall likewise bedeemed to beabandoned within the limits of the additional territory SECTION SIX The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire theproperty of the Grantee hereof either by purchase or through the exercise of the right ofeminent domain and nothing herein contained shall beconstrued tocontract away or to modifY or to abridge either for aterm or in perpetuity the City s right ofeminent domain in respect to the Grantee nor shall this franchise ever be given any value before any court or other public authority inany proceeding ofany character in excess ofthe cost tothe Grantee ofthe necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof SECTION SEVEN The Grantee ofthis franchise shall a construct install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances rules andregulationsheretofore10      Packet Pg. 482 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California and as to State highways subject to the provisions of general laws relating to the location and maintenance of such facilities b pay to the City on demand the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise c Grantee shall also be liable to the City for all damages proximately resulting from the failure ofGrantee to observe and perform the provisions of this Franchise This subsection c shall survive the termination orexpiration of this Franchise and shall continue for so long as the franchise property ofGrantee islocated within the City dGrantee shall indemnify defend and hold harmless City and its officers from any and all liability fordamages proximately resulting from any operations under this franchise and be liable to the City for all damages proximately resulting from the failure of said Grantee to well and faithfully observe and perform each and every provision of this franchise and each and every provision ofDivision 3 Chapter 2of the Public Utilities Code of the State of California Grantee acknowledges that any claims demands losses damages costs expenses and legal liability that arise out of result from or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the use or existence of the pipes and appurtenances that are the subject of this Franchise are expressly within the scope of this indemnity and that the costs expenses and legalliability11      Packet Pg. 483 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY for environmental investigations monitoring containment abatement removal repair cleanup restoration remedial work penalties and fines arising from the violation of any local state or federal law orregulation attorney s fees disbursements and other response costs are expressly within the scope of this indemnity This subsection dshall survive the termination or expiration ofthis Franchise and shall continue for so long as the franchise property of Grantee islocated within the City e Inthe event the use ofany franchise property is discontinued Grantee shall promptly notify the Engineer ofanymaterial discontinuance and remove from the street all such discontinued property unless the Engineer permits such property tobe abandoned in place in accordance with the requirements of the Engineer subject to applicable requirements ofthe California Public Utilities Commission After abandonment at the option ofCity Grantee shall submit to the Engineer an instrument reasonably approved by the City and Grantee transferring to the City the ownership ofsuch franchise property f City shall have the right to change the grade width or location of any street or improve any street in any manner including but not limited to the laying ofany sewer storm drain drainage facility or other pipe or construct and install any pedestrian tunnel traffic signal street lighting facility or other public improvement provided however that nothing herein is intended to expand or limit the duty of Grantee to relocate at its expense under Public Utilities Code Section 6297 or common law and as such law may change from time to time by judicial interpretation orby statutory enactment If such work shall require a change in the position or location of any of Grantee sfacilities or equipmentGranteeatits12      Packet Pg. 484 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY sole expense within ninety 90 days after written notice from the Engineer shall commence the work of doing any and all things to effect such change in position or location inconformity with the Engineer s written instructions gThis franchise may not be transferred voluntarily involuntarily orby operation oflaw leased or assigned by Grantee except by consent in writing of the Common Council which shall not be unreasonably withheld orunreasonably conditioned and unless the transferee orassignees thereof shall covenant and agree to perform and be bound by each and all ofthe terms hereof provided however that the foregoing shall not apply to Grantee s inclusion ofthe franchise as security under a mortgage deed of trust or other security agreement securing the repayment of bonds or notes Grantee shall file with the City Clerk and City Administrator of the City within thirty 30 days after any sale transfer assignment or lease of this Franchise or any part hereof or ofany of the rights or privileges granted hereby written evidence ofthe same certified thereto by the Grantee or its duly authorized officers SECTION EIGHT The City Treasurer or any certified public accountant or qualified person designated by the City atany reasonable time during business hours may make examination atGrantee s offices of its books accounts computerized data and records germane to and for the purpose of verifying the data set forth in the statement required by SECTIONFOURhereof13       Packet Pg. 485 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY SECTION NINE a Any pipes and appurtenances laid located or maintained under said franchise shall be so placed as not tointerfere with the use ofthe streets by the traveling public or for public purposes to any greater extent than isreasonably necessary and in laying said pipes and appurtenances Grantee shall fill the trench and leave the surface of the streets in as good condition as itwas prior to excavating for laying said pipes and appurtenances and any pipes and appurtenances laid or maintained under said franchise shall be laid located and maintained inconformity with instructions given by and to the satisfaction of the Engineer and Grantee its successors and assigns shall hold the City harmless from all damage resulting from the laying use oroperation of said pipes and appurtenances b Where it isnecessary to lay any underground pipes and appurtenances through under or across any portion of a paved or macadamized street the same where practicable and economically reasonable as determined by the Engineer shall be done by a tunnel or bore so as not to disturb the foundation of such paved or macadamized street and in the event that thesame cannot be so done such work shall be done under a permit to be granted by the Engineer upon application therefor and Grantee shall restore such street or portion of street to as good acondition as existed before such work was done and such restoration shall be completed to the reasonable satisfaction of theEngineer14       Packet Pg. 486 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY SECTION TEN If any portion of any street shall be damaged by reason ofdefects in any of the pipes and appurtenances maintained or constructed under this grant or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant Grantee shall at its own cost and expense immediately repair any such damage and restore such portion of such damaged street to as good condition as existed before such defect or other cause of damage occurred such work to be done under the direction of the Engineer and to his reasonable satisfaction SECTION ELEVEN a If the Grantee of this franchise shall fail neglect or refuse to comply with any ofthe provisions or conditions hereof and shall not within ten 10 days after written demand forcompliance begin the work of compliance or after such beginning shall not prosecute the same with due diligence to completion then the City by its legislative body may 20 declare this franchise forfeited 21 22 23 24 25 26 27 28 b The City may sue in its own name for the forfeiture of this franchise in the event of noncompliance by the Grantee its successors or assigns with any of the conditions thereof The remedy offorfeiture shall be in addition to any other legal rights remedies or causes of action the City may have including but not limited to the right toterminate under Section Twoc15       Packet Pg. 487 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY SECTION TWELVE The Grantee of this franchise shall pay to the City asum ofmoney sufficient toreimburse it for all publication expenses incurred by it in connection with the granting ofthis franchise such payment to be made within thirty 30 days after the City shall furnish such Grantee with awritten statement of such expenses SECTION THIRTEEN After the publication of this ordinance the Grantee shall file with the City Clerk awritten acceptance of the franchise hereby granted and an agreement to comply with the terms and conditions hereof SECTION FOURTEEN The City Clerk shall certify to the adoption of this ordinance and within 15 days after its adoption shall cause the same with a list of the Council members voting for and against to be published once in The Sun or anewspaper of general circulation in the city of San Bernardino III IIIIII16       Packet Pg. 488 MC 1l49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY A CORPORATION ITS SUCCESSORS AND ASSIGNS THE RIGHT PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING ANDDISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER ALONG ACROSS OR UPON THE PUBLIC STREETS WAYS ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY IHEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof held on the 4th day of August 2003 the following vote to witCOUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X MCGINNIS DERRY X SUAREZ X ANDERSON X MCCAMMACK X R Cl U The foregoing ordinance ishereby approved this5tL dayofAUgUR 2003 Approved as to Form and legal content hVALLES Mayor fSan Bernardino JAMES F PENMAN City Attorney By L 7 o 17       Packet Pg. 489 1 5 2 6 DISCUSSION City of San Bernardino Request for Council Action Date:October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development Department:Community, Housing, and Economic Development Subject:Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Discuss the repeal of Resolution No. 2020 - 265; 2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On- site and Off-site Contractor’s Construction Yards); and 3. Provide additional direction to staff regarding the topics discussed. Executive Summary This report is prepared pursuant to City Council request to bring forward a Development Code Amendment to update the Temporary Use Permit (TUP) Section to address crushing and grinding of materials (i.e., concrete/asphalt/bedrock). Information provided in the report provides a background of prior actions, an overview of crushing and grinding, situations where crushing and grinding might occur, environmental aspects, the proposed Development Code Amendment (DCA), and the Carousel Mall demolition with crushing and grinding.       Packet Pg. 490 1 5 2 6 Background The discussion and concerns about crushing and grinding arose from the placement of construct concrete debris on the “Oxbow” property Tentative Tract Map (TPM) 16794, located on the west side of Palm, north of Verdemont Avenue (Assessor Parcel Numbers 0261-011-08, 13, and 14). The intent expressed was to “crush and grind” the debris onsite and use the crushed materials as fill for the proposed residential subdivision. City and community concerns arose regarding the on-site crushing and grinding of the materials, which prompted the approval of Resolution No. 2020-265 restricted crushing and grinding within 1,000 feet of residential, which left removal of the materials the only option for the Oxbow property (TPM 16794). On October 21, 2020, the Mayor and City Council adopted Resolution No. 2020-265 (Attachment 1). The adoption of the Resolution is an result of the import of construction materials including concrete onto a property site, located at the which articulated the following: •Stockpiles of building materials shall only be permitted in conjunction with the issuance by the City of a grading permit or building permit. •Stockpiles of building materials shall consist only of finished materials ready for grading or construction. •No Temporary Use Permit (TUP) may be issued to permit the crushing or grinding of unfinished, raw materials such as rock, concrete, or similar at a residentially zoned site or in any other zone within 1,000 feet of a residentially zoned property. •If a TUP is issued permitting the crushing or grinding of unfinished, raw materials such as rock, concrete, or similar, City staff shall condition the TUP in such a manner to address public health, safety, and welfare. Such conditions shall, among others, address dust mitigation, noise mitigation, site security, and compliance with all applicable air quality and water quality standards. On September 13, 2022, based on City Council direction, the Planning Commission considered an amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On-site and Off-site Contractor’s Construction Yards) of the City of San Bernardino Development Code (Title 19) regarding stockpiles and material crushing and grinding, with additional modifications proposed by staff. Staff identified a need to allow on-site crushing on a limited basis at the properties approved for development within 1,000 feet of residentially zoned properties if it can be demonstrated through physical or operational means that the potential community impacts are reduced or eliminated or that it is less invasive than other options for material processing. The Planning Commission expressed concerns about the proposed amendment related to the impacts of on-site material crushing. Concerns were related to dust, noise, water quality, and operational conditions of crushing activities when in close       Packet Pg. 491 1 5 2 6 proximity to existing residential or other sensitive receptors, such as schools. The item was continued off-calendar. On October 11, 2022, the Planning Commission held a workshop to discuss proposed amendments. Staff summarized the on-site crushing regulations from other cities and discussed dust control measures and typical noise levels for mobile crushing equipment. Following the discussion, the Planning Commission directed staff to include the amendments for consideration at the November 8, 2022, Planning Commission meeting. On November 8, 2022, the Planning Commission considered the proposed amendments with the additional changes based on their feedback. Following discussion, the Planning Commission continued the item until after the results of the Mayoral election of November 8, 2022, were completed. On December 13, 2022, the Planning Commission again considered the proposed amendments with the additional refinements made based upon Planning Commission guidance at the November 8, 2022, hearing. Following discussion, the Planning Commission directed staff to revise the language to require Planning Commission approval for all Temporary Use Permits for on-site crushing and continued the item to January 10, 2023, Public hearing. On January 10, 2023, the Planning Commission Denied Development Code Amendment 22-06, a City-initiated amendment to Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Development Code (SBMC Title 19) to update the Temporary Use Permits Development and Operational standards for On-site and Off-site Contractors’ Construction Yards with regard to stockpiles and material crushing (Attachment 2 January 10, 2023, Planning Commission Staff Report). On February 1, 2023, under the “Items to be Considered for Future Meetings”, the Mayor and City Council, by majority vote, directed staff to prepare a staff report so that the Mayor and City Council could consider the possible repeal of Resolution No. 2020- 265 and the possible issuance of a written notice directing the Planning Commission, in accordance with Government Code Section 65853, to render within 40 days its report on crushing restrictions of unfinished materials within 1,000 feet of residentially zoned property. On March 14, 2023, the Planning Commission adopted Resolution No. 2023-007, forwarding a recommendation that the Mayor and City Council maintain the status quo regarding existing regulations for on-site material crushing or grinding of unfinished materials and deny any amendments to the Development Code to allow on-site crushing or grinding of unfinished materials within 1,000 feet of residentially zoned properties, in its entirety, based on public health, safety, and welfare concerns       Packet Pg. 492 1 5 2 6 expressed during deliberation (Attachment 3 March 14, 2023, Planning Commission Staff Report and Resolution 2023-007). Since this time, the City initiated the demolition of the Carousel Mall. The onsite crushing and grinding operation for the Carousel Mall is in compliance with the Resolution, as it is not within 1,000 feet of residential and is surrounded by commercial uses. Discussion Introduction The discussion section provides an overview of what crushing and grinding is, equipment used, crushing and grinding materials versus removal, and the environmental impacts. This report relies on information from staff research, projects completed in other cities, and an independent analysis prepared by UltraSystems Environmental Inc. The remaining items include the City of San Bernardino process (referenced), the Proposed Development Code Amendment, and an overview of the Legalities of the Carousel Mall. Discussion of the Oxbow property is not included in this report, as the intent was to obtain the Mayor and City Council direction on crushing and grinding first. Then bring back a site specific with anticipated removal costs at a future meeting. However, staff is prepared to respond to questions. Crushing and Grinding Crushing is the process in which large pieces of aggregate are converted into smaller pieces, typically resulting in a coarse product. Grinding, however, involves the processing of coarse product into a smaller, finer product. Crushing and grinding operations for construction and demolition involve the use of heavy-duty machinery to crush and grind concrete, rock, asphalt, and other materials into smaller pieces that can be reused or recycled. The process typically involves the following steps: 1. Site Preparation: The construction or demolition site is cleared of any debris or obstacles to create a suitable area for the crushing and grinding operation. 2. Crushing: Large pieces of concrete, rock, asphalt, or other materials are crushed using heavy-duty equipment such as jaw crushers or cone crushers. This breaks the material down into smaller pieces that can be further processed. 3. Sorting: After the initial crushing process, the materials are sorted by size and quality. Materials that are not suitable for reuse or recycling are separated and disposed of properly. 4. Grinding: The smaller pieces of materials are further ground down into even smaller particles using equipment such as ball mills or vertical roller mills. 5. Screening: The ground materials are then screened to remove any unwanted particles and to ensure that they meet the desired specifications for reuse or       Packet Pg. 493 1 5 2 6 recycling. 6. Reuse or recycling: The crushed and ground materials can be used as a base material for new construction projects or as a component in new construction materials such as recycled concrete or asphalt. A concrete crusher makes the removal, disposal, and recycling of concrete much safer, more efficient, and more manageable. Once materials are crushed/ground, they can also be used on-site to mix with the natural soil and worked/graded back into the project site for development. When are Crushing and Grinding Operations Used? Bedrock During project development, geotechnical analysis and reports are prepared, which determine what foundations are needed for development projects. Depending on the soil type at the project site, there may be bedrock that would need removal in order to construct those foundations. Removal of bedrock would be performed by blasting, machine, equipment, hand chisel, etc. Blasting requires additional permits. Depending on the method, large chunks of bedrock could remain on the project site. Crushing and grinding that material could be considered for the project. Bedrock is a natural formation that occurs throughout California. There are limited locations where bedrock can be found in the City. So, the potential for crushing and grinding or removal would be in limited locations. Bedrock outcrops occur primarily along the City's upsloping northern boundary with the San Bernardino Mountains and in the northern central part of the city as isolated outcrops, with bedrock type and occurrence split by the San Andreas Fault. To the south and away from the San Gabriel and San Bernardino Mountains, and throughout much of the city, the shallow subsurface is predominantly comprised of Quaternary alluvial sediments (see Attachment 5 Location Map for Bedrock). Structure Demolition Factors that determine the best options for addressing the removal of construction materials from a site are the size of the site, the type of material being removed, the cost, and environmental considerations. Smaller projects, such as single-family homes, commercial and industrial wood-frame buildings, and smaller concrete buildings (i.e., 10,000 square feet), would likely be demolished and sent to a disposal facility. Larger buildings, such as a regional mall, 100,000 square foot building, road projects, and bridge removal, would likely have crushing and grinding on-site. The crushed materials would then be either reused on-site or hauled off. Crushing and grinding on- site could be the most cost-effective option especially when the ground materials can be reused in the grading as fill or new project construction, and more importantly, the least environmentally impactful option. Disposition of Construction Materials       Packet Pg. 494 1 5 2 6 The rising cost of landfills for construction, demolition, and land-clearing debris triggered the need for an alternative means of disposing of concrete from construction and demolition operations. Prior to environmental awareness, rubble was massively disposed of in landfills. With more awareness about the environment, concrete/materials recycling allows the reuse of rubble which in turn drastically lowers construction costs. Recycling crushed concrete is important as it reduces waste significantly. Most of the impact is invisible but over time, transportation costs, fuel usage, wear and maintenance of the transportation roadway, additional greenhouse gas emission, and use of raw materials take their toll. With construction being an ongoing process around the world, these elements add up to big challenges. Recycling is our society’s best way of reducing waste – and concrete is no different from cans, plastics, and paper. It can be used again. Currently Cal Recycle requires 65% of the construction waste materials to be recycled and the recycling requirement is expected to increase in the future. When removing bedrock, demolishing, redeveloping, or renovating a site, disposing of used construction materials is a key phase that is often overlooked. After the demolition team has finished toppling concrete structures, excavating foundations, and digging up floors, all that material must go somewhere. Crushing and Grinding Versus Removal When would you have crushing and grinding on-site, and when would materials be removed? Prior to the demolition of a structure or large paved surface, an analysis of the removal and disposal of the materials is completed. An analysis would normally occur when reviewing a proposed project at entitlement, during the grading plan review process, demolition permit, and stockpile phase. While the cost for the owner is a factor in a decision on whether to remove the final materials or re-use them on-site, environmental factors must also be considered and can outweigh cost considerations. One of the main environmental factors/impacts is air quality. While crushing and grinding have some air quality impacts due to dust and GHG emissions, the truck trips generated with the removal are greater. For this reason, there are times when crushing and grinding on-site is the most effective option. Noise is another factor/impact and can occur with on-site crushing machines and truck loading, unloading, and driving. The Independent Analysis reference environmental impacts and some air quality and Greenhouse Gas (GHG) analysis. Environmental Impacts When analyzing onsite crushing and grinding versus removal, environmental impacts and mitigation play a major role. The analysis is what option has the least environmental impact and what mitigations measures are needed to address those impacts.       Packet Pg. 495 1 5 2 6 On-site Crushing and Grinding On-site crushing and grinding may be the best option by: •Reducing transportation costs by processing materials on-site. •Reusing the crushed materials on-site. •Reducing the need for new virgin materials. •Reducing the amount of waste sent to landfills. •Reducing roadway wear and maintenance, •Reducing GHG, through the reduction of truck trips. Removal of Materials The removal of the materials may be a better option for smaller projects where structures can be demolished, and the debris trucked off the project site. In these cases, the materials may not be needed for a new project and therefore removal is the best option. Cost is a factor and bringing in equipment to crush and grind may be cost prohibitive for smaller sites. Environmentally, the removal may be less impactful with the removal when considering the number of truck trips, emissions, dust, vibration, etc. However, it is important to ensure that the crushing and grinding operations or debris removal are carried out safely and in compliance with any relevant regulations and standards. Environmental Review The following areas of potential impact should be analyzed for either on-site operations or removal. Noise - On-site crushing and grinding operations can generate high levels of noise due to the use of heavy machinery such as crushers, grinders, and loaders. The noise levels can vary depending on several factors, such as the type of equipment used, the size and hardness of the materials being processed, and the location of the operation. Removal of debris will also result in noise impacts with the loading equipment, loading debris into semi-trucks, and the movement of the materials on-site. It is important to note that noise levels can vary significantly based on the type of equipment used, the size of the operation, and the characteristics of the surrounding environment. Therefore, it is recommended to conduct a noise assessment to determine the actual noise levels and to implement appropriate measures to minimize the impact of noise on neighboring communities, such as installing noise barriers or scheduling work during appropriate times to minimize exposure. Air Quality – Potential air quality environmental impacts include equipment emissions and fugitive dust. Production and hauling equipment are the primary air quality impacts. Dust, if not adequately mitigated, is also a concern.       Packet Pg. 496 1 5 2 6 Protecting the workers and surrounding community from dust and emissions is important to include in an analysis. To address these concerns, it is recommended to conduct an air quality study to evaluate the emission and dust impacts and have the appropriate mitigation measures. The crushing equipment is typically equipped with water spraying mechanisms to keep the crushing operation in a wet condition and minimize fugitive dust. The crushed material stockpile can also be managed by regular wetting and covering to minimize fugitive dust. Water Quality – The State has requirements for Best Management Practices (BMPs) for construction sites. Cities also is tasked to ensure that those BMPs are being implemented and address any potential runoff and drainage. A Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). Crushing and grinding operations to break down large-scale debris on-site, occurs throughout communities through regular business operations. If part of a new project the demolition (including crushing and grinding) would be address in through a document prepared under the California Environmental Quality Act (CEQA). If not, it would be included in either a temporary use permit process (i.e., contractors storage yard) or a demolition permit through a building department. In many cases, the demolition of former mall buildings are considered with the plans for redevelopment of the property. Redevelopment of the properties include the development and analysis of master plan, infrastructure, grading, the demolition, and preparation of a CEQA document. Most recent mall redevelopment projects include Environmental Impact Reports (EIRs) that would analyze the demolition portion, as well as the future site development, and provide the appropriate mitigation measures. Crushing and Grinding Operations and Permitting Crushing and grinding of materials or removal of demolition debris are normally handled through cities’ permit processes. Those permits could include demolition, blasting, and hauling permits, and in some cases, temporary use permits. Other agencies could also require permits, for example the South Coast Air Quality Management District (SCAQMD). Cities do not regulate those permits. For crushing and grinding operations, most of these operations occur on site, due to the magnitude of the demolition and the equipment used. Most demolitions are required as a result of a new structure being built, including new buildings, roads, and bridges. In these cases, the demolition and removal of materials or on-site crushing and grinding are analyzed in the CEQA document. Permits for stand-alone building demolition, when not part of a new development, are normally ministerial. Therefore, a full environmental analysis is not always required. Surrounding cities vary in the requirement of on-site crushing and grinding and whether       Packet Pg. 497 1 5 2 6 it is explicitly included in their development codes. This is likely because on-site crushing and grinding operations occur on a limited basis, primarily for demolition of old buildings, like regional malls making way for redevelopment and roadway/bridge demolition and construction completed for the most part by the California Department of Transportation (Caltrans). As older concrete buildings decline and redevelopment starts to occur, on-site crushing and grinding is becoming more common. Many cities do not have specific regulations, therefore addressing the demolition and on-site work may be reviewed and approved on a case-by-case basis. Several cities do have requirements in their municipal codes and the proposed TUP Ordinance includes similar provisions. The Independent Analysis includes examples of demolitions with on-site crushing and grinding operations and information on City processes. Independent Analysis The Public Works Department solicited proposals to review crushing and grinding and how other communities address on-site crushing and grinding. UltraSystems Environmental Inc. was selected to prepare the independent analysis report for its extensive corporate experience in the environmental field. The report, Independent Analysis of Crushing Operations, and findings are in Attachment 4. This report includes data from an independent analysis of when onsite crushing and grinding or removal can be the least environmentally impactful option. During the presentation of the report and independent analysis, staff has also invited an expert in air quality, greenhouse gas (GHG) emissions, health risk, and noise from MD Acoustics to be available at the City Council to provide additional information respond to questions. City of San Bernardino Processes in Place for Crushing and Grinding Resolution 2020-265 outlines the City’s current process. Proposed Development Code Amendment To address on-site and off-site construction yards with on-site material crushing, a proposed Development Code Amendment (DCA) was written and presented to the Planning Commission. The Planning Commission voted not to adopt it and maintain the status quo with Resolution 2020-265. The proposed DCA created a specific Temporary Use Permit section that addresses on-site and off-site contractor construction yards and includes provisions for on-site material crushing and grinding. The proposed DCA is included in Attachment 6. Staff recommends that the City Council review the DCA and provide direction to staff to either take it back to the Planning Commission for a recommendation to City Council or for staff to finalize the DCA per City Council direction and bring it back for adoption.       Packet Pg. 498 1 5 2 6 Legalities of the Carousel Mall The determination of the demolition of the former Carousel Mall pursuant to Section 15.37.040 of the Municipal Code was made on October 26, 2022, by the Agency Director of Community, Housing, and Economic Development (Attachment 7). The determination was made because, despite continuous attempts to secure the building, the former Mall has become an attractive nuisance, with many individuals trespassing on the property and entering the building, resulting in significant vandalism, destruction of interior spaces, and creating an unsafe environment and criminal activities. The Notice of Exemption (NOE) was filed on February 13, 2023 (Attachment 8). The NOE states that approval of the Contract is exempt from environmental review pursuant to State CEQA Guidelines Section 15268 (a) for Ministerial Projects. The Contract underwent a Ministerial Review process, and no discretionary Demolition Permit was required for the Contract pursuant to San Bernardino Municipal Code Section 15.37.040. The determination that the Contract did not require a discretionary Demolition Permit because it involved no discretionary judgment by the City of San Bernardino and involved only the use of fixed and objective standards rather than subjective decision-making. Further, the Contract is exempt pursuant to State CEQA Guidelines Section 15269 (Emergency Projects), as it is necessary to prevent a public health and safety emergency. Given the Carousel Mall building's structural damage caused by vandalism and fire damage, the building is unsafe and constitutes an imminent threat to the health and safety of the public. The demolition scope includes the demolition and the disposition of the materials, which would include the removal of items and on-site crushing. The demolition is currently underway, with the interior removal of hazardous materials and the demolition of some buildings. On-site crushing and grinding are scheduled to begin in October 2023 and is estimated to take about 30-working days to complete the crushing and grinding operation. There are no proposed development plans for the Carousel Mall site. As noted previously, the need for the demolition was approved to move forward due to the public health and safety emergency. In conclusion, there are two options for addressing largescale concrete, rock, asphalt and other hard material on properties: •Remove materials from the property; or •Crush and grind on-site. The option considered should be based on sound analysis of air quality, GHG, noise, and vibration impacts.       Packet Pg. 499 1 5 2 6 2021-2025 Strategic Targets and Goals The Crushing and Grinding discussion and direction to staff aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, and, more specifically, 1(a) Establish clear policy direction and predictable organization structures. Fiscal Impact There is no fiscal impact to the General Fund associated with this report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Discuss the repeal of Resolution No. 2020 - 265; and 2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On- site and Off-site Contractor’s Construction Yards); and 3. Provide additional direction to staff regarding the topics discussed. Attachments Attachment 1: Resolution No. 2020-265 - Establishing Guidance Relating to the Issuance of TUP Attachment 2: January 10, 2023, Planning Commission Staff Report Attachment 3: March 14, 2023, Planning Commission Staff Report Attachment 4: Independent Report Attachment 5: Location Map for Bedrock Attachment 6: Draft Temporary Use Permit Development Code Amendment Attachment 7: Demolition of Carousel Mall Determination October 26, 2022 Attachment 8: Notice of Exemption (Carousel Mall) dated February 13, 2023 Attachment 9: Crushing and Grinding PowerPoint Ward: All Wards Synopsis of Previous Council Actions: October 21, 2020 The Mayor and City Council adopted Resolution No. 2020- 265. February 1, 2023 Under the “Items to be Considered for Future Meetings”, the Mayor and City Council, by majority vote, directed staff to       Packet Pg. 500 1 5 2 6 prepare a staff report so that the Mayor and City Council could consider the possible repeal of Resolution No. 2020-265 and the possible issuance of a written notice directing the Planning Commission, in accordance with Government code 65853, to render within 40 days its report on crushing restrictions of unfinished materials within 1,000 feet of residentially zoned property.       Packet Pg. 501       Packet Pg. 502       Packet Pg. 503       Packet Pg. 504       Packet Pg. 505       Packet Pg. 506       Packet Pg. 507       Packet Pg. 508       Packet Pg. 509       Packet Pg. 510       Packet Pg. 511       Packet Pg. 512       Packet Pg. 513       Packet Pg. 514       Packet Pg. 515       Packet Pg. 516       Packet Pg. 517       Packet Pg. 518       Packet Pg. 519       Packet Pg. 520       Packet Pg. 521       Packet Pg. 522       Packet Pg. 523       Packet Pg. 524       Packet Pg. 525       Packet Pg. 526 Consent Calendar: Agenda Item 4 City of San Bernardino Request for Planning Commission Action Date: March 14, 2023 To: Honorable Chairperson and Planning Commissioners From: David Murray, Deputy Director/City Planner Subject: Development Code Amendment 22-06 (Temporary Use Permits – All Wards) Applicant City of San Bernardino – Community and Economic Development Department 201 North E Street, 3rd Floor San Bernardino, CA 92401 Request A City-initiated amendment to Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Development Code (SBMC Title 19) to update the standards for Temporary Use Permits. Recommendation The Planning Division of the Community and Economic Development Department recommends that the Planning Commission take the following action ratifying its decision on January 10, 2023 to maintain the status quo when it comes to the regulations for on- site material crushing, and deny the proposed Development Code Amendment: 1) Adopt Resolution No. 2023-007 of the Planning Commission of the City of San Bernardino, California, forwarding a recommendation that the Mayor and City Council maintain the status quo regarding regulations for on-site material crushing and further recommending denial of Development Code Amendment 22-06 amending Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Municipal Code (Title 19) (Attachment A). Background On January 10, 2023, following public testimony, the Planning Commission deliberated on proposed Development Code Amendment 22-06 and raised a number of concerns and questions. Specifically, in considering the language outlining the permitting process       Packet Pg. 527 and application requirements for on-site crushing activities in conjunction with an active building permit or grading permit, the Planning Commission:  Questioned the need to allow for on-site crushing;  Questioned the benefit to the City to allow for on-site crushing;  Expressed concerns about the City’s handling of specific problem properties in the past;  Identified a lack of City staffing and expertise to manage and enforce the permits; and  Expressed concerns about potential health risks of airborne crystalline silica as a result from on-site crushing, pointing to reports from the National Institute for Occupational Safety & Health (NIOSH). After closing the public hearing, Commissioner Lewis moved and Commissioner Flores seconded forwarding a recommendation that the Mayor and City Council maintain the status quo when it comes to the regulations for on-site material crushing and deny Development Code Amendment 22-06 in its entirety based on public health, safety, and welfare concerns expressed during the deliberation. The motion passed by the following vote: Ayes: Guerrero, Lopez, Quiel, Flores, Armstead, Lewis and Morales Nays: None Absent: Garcia This item does not require a new action other than the adoption of Resolution No. 2023- 007, which ratifies the decision the Planning Commission took on January 10, 2023 to deny Development Code Amendment 22-06. Given that Resolution No. 2023-007 was presented to the Planning Commission on January 10, 2023 with findings for approval of Development Code Amendment 22-06, the Resolution has been revised to ratify the Planning Commission’s decision to deny Development Code Amendment 22-06 by including findings for denial, which are found in Section 3 of Resolution No. 2023-007 (Attachment A). California Environmental Quality Act (CEQA) The denial of Development Code Amendment 22-06 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Additionally, pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Planning Commission, CEQA does not apply to the denial of Development Code 22-06.       Packet Pg. 528 Conclusion Based upon the Planning Commission’s action on January 10, 2023, staff recommends that the Planning Commission adopt Resolution No. 2023-007 forwarding its recommendation of maintaining status quo and further recommending denial of Development Code Amendment 22-06 to the Mayor and City Council. Attachment Attachment A Resolution No. 2023-007       Packet Pg. 529 ATTACHMENT A Resolution No. 2023-007       Packet Pg. 530 RESOLUTION NO. 2023-007-PC 1 RESOLUTION NO. 2023-007-PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FORWARDING A RECOMMENDATION TO THE MAYOR AND CITY COUNCIL RECOMMENDING MAINTAINING THE STATUS QUO REGARDING REGULATIONS FOR ON- SITE MATERIAL CRUSHING AND FURTHER RECOMMENDING DENIAL OF DEVELOPMENT CODE AMENDMENT 22-06 AMENDING CHAPTER 19.31 (ADMINISTRATION) AND SECTION 19.70.035 (B) (DEVELOPMENT AND OPERATING STANDARDS FOR TEMPORARY USE PERMITS - ON-SITE AND OFF-SITE CONTRACTORS’ CONSTRUCTION YARDS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) TO UPDATE THE TEMPORARY USE PERMIT DEVELOPMENT AND OPERATIONAL STANDARDS FOR ON-SITE AND OFF-SITE CONTRACTORS’ CONSTRUCTION YARDS WITH REGARD TO STOCKPILES AND MATERIAL CRUSHING; AND FINDING THAT THE DENIAL OF DEVELOPMENT CODE AMENDMENT 22-06 IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and WHEREAS, given that temporary Contractors’ Construction Yards are allowed in conjunction with an approved building permit, Development Code Amendment 22-06 is a City- initiated amendment to Chapter 19.31 (Administration) and Section 19.70.035 (B) (Development and Operating Standards for Temporary Use Permits - On-site and Off-site Contractors’ Construction Yards) of the City of San Bernardino Development Code (SBMC Title 19) to update the standards for Temporary Use Permits; and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-06 consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 22-06 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines; and WHEREAS, on October 29, 2022, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development       Packet Pg. 531 RESOLUTION NO. 2023-007-PC 2 Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 22-06 would be considered; and WHEREAS, on November 8, 2022, 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 the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 22-06, and at which meeting, the Planning Commission continued Development Code Amendment 22-06 to the Planning Commission Hearing of December 13, 2022; and WHEREAS, on December 13, 2022, 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 the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 22-06, and at which meeting, the Planning Commission continued Development Code Amendment 22-06 to the Planning Commission Hearing of January 10, 2023; and WHEREAS, on January 10, 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 the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 22-06, and at which meeting, the Planning Commission considered Development Code Amendment 22-06; and WHEREAS, at the January 10, 2023 Planning Commission hearing, after public testimony, the Planning Commission deliberated on the proposed Development Code Amendment, recommended maintaining the status quo, and recommended denying the Development Code Amendment in its entirety based on the following concerns and questions: In considering staff’s recommended language outlining the permitting process and application requirements for on-site crushing activities in conjunction with an active building permit or grading permit, the Planning Commission questioned the need to allow for on-site crushing, did not identify a benefit to the City, expressed concerns about the City’s handling of specific problem properties in the past, identified a lack of City staffing and expertise to manage and enforce the permits, and expressed concerns about potential health risks of airborne crystalline silica as a result from on-site crushing; and WHEREAS, the Planning Commission must now ratify the decision it took on January 10, 2023 in the form of this Resolution which includes findings for denial; and WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments – Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of the Development Code Amendment 22-06. NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:       Packet Pg. 532 RESOLUTION NO. 2023-007-PC 3 SECTION 1. INCORPORATION OF RECITALS: The recitals above are true and correct and are hereby incorporated herein by this reference. SECTION 2. ENVIRONMENTAL DETERMINATION: As the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Code Amendment 22-06. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council, as follows: (1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The denial of Development Code Amendment 22-06 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Additionally, pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Planning Commission, CEQA does not apply to the denial of Development Code 22-06.; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-06: Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires that Development Code Amendments meet certain findings prior to approval by the Mayor and City Council. Accordingly, the following findings are provided for denial of Development Code Amendment 22-06: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: Development Code Amendment 22-06 is not consistent with the General Plan, for the following reasons:  Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. The adoption and implementation of Development Code Amendment 22-06 establishes and expands the operational standards for temporary contractor’s construction yards related to stockpiling, limited on-site grinding of raw unfinished materials on a project site, and other applicable permit approvals, which would reduce the amount of construction-related truck hauling trips       Packet Pg. 533 RESOLUTION NO. 2023-007-PC 4 necessary to transport materials to and from the project site and in turn reduces vehicle miles traveled and traffic congestion, but may result in acute, localized air quality impacts on surrounding properties, potentially affecting the health and safety of residents if not operated, regulated, or enforced adequately. Due to these concerns, Development Code Amendment 22-06 is not consistent with the General Plan. 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: Although the adoption and implementation of Development Code Amendment 22-06 provide a detailed permitting and regulatory framework intended to reduce the impacts associated with On-site and Off-site Contractors Construction Yards, allowing a process to conduct on-site material crushing, even with proper mitigation, may still result in potential adverse health, safety and welfare impacts. Thus, the proposed amendment would be detrimental to the public interest, health, safety, convenience, and/or welfare of the City. SECTION 4. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: a.Adopt Planning Commission Resolution No. 2023-007 forwarding a recommendation that the Mayor and City Council maintain the status quo regarding regulations for on-site material crushing, and: a.Deny: Development Code Amendment 22-06 based on the Findings of Fact. 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. CUSTODIAN OF RECORDS: The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002. PASSED, APPROVED, AND ADOPTED this 14th day of March 2023.       Packet Pg. 534 RESOLUTION NO. 2023-007-PC 5 ____________________________________ Monique Guerrero, Chairperson San Bernardino Planning Commission ATTEST: David Murray, Planning Commission Secretary City of San Bernardino, California       Packet Pg. 535 RESOLUTION NO. 2023-007-PC 6 CERTIFICATION: I, Jessica Nametz, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2023-007, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 14th day of March 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ Jessica Nametz, Recording Secretary City of San Bernardino, California       Packet Pg. 536 INDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀ ꢀ ꢀ ꢀꢀ ꢀ ꢀ ꢀ Preparedꢀfor:ꢀ CityꢀofꢀSanꢀBernardinoꢀPublicꢀWorksꢀDepartmentꢀ 3rd Floor North Arrowhead Avenue and West 2nd Street San Bernardino, CA 92401 ꢀ ꢀ Preparedꢀby:ꢀ ꢀ UltraSystemsꢀEnvironmentalꢀInc.ꢀ 16431 Scientific Way Irvine, CA 92618 (949) 788-4900 Septemberꢀ2023       Packet Pg. 537 Michael Rogozen Digitally signed by Michael Rogozen DN: cn=Michael Rogozen, o=UltraSystems Environmental Incorporated, ou, email=mrogozen@ultrasystems.com, c=US Date: 2023.09.26 22:36:55 -07'00'       Packet Pg. 538 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ TableꢀofꢀContentsꢀ TableꢀofꢀContentsꢀ...................................................................................................................................................ꢀii ExecutiveꢀSummaryꢀ.............................................................................................................................................ꢀiv 1.0 2.0 3.0 INTRODUCTIONꢀ........................................................................................................................................ꢀ1 1.1 1.2 Objectives of the Analysis..................................................................................................................... 1 Outline of the Analysis........................................................................................................................... 1 POTENTIALꢀFORꢀONSITEꢀCRUSHINGꢀ.................................................................................................ꢀ2 2.1 2.2 Locations of Bedrock Outcrops.......................................................................................................... 2 Need for Onsite Crushing...................................................................................................................... 4 EXAMPLEꢀONSITEꢀCRUSHINGꢀOPERATIONSꢀINꢀSOUTHERNꢀCALIFORNIAꢀ............................ꢀ4 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Ontario Grand Park, Ontario ............................................................................................................... 4 Laguna Hills Mall Demolition, Laguna Hills .................................................................................. 5 Fanita Ranch Development, Santee.................................................................................................. 5 Hallmark Townhomes Project, San Marcos .................................................................................. 6 Harvest Hills, Escondido ....................................................................................................................... 6 University Office and Medical Park Project, San Marcos......................................................... 7 The Boulders Project, Menifee............................................................................................................ 8 4.0 REGULATORYꢀREQUIREMENTSꢀ..........................................................................................................ꢀ9 4.1 Air Quality................................................................................................................................................... 9 4.1.1 Air Pollution Issues ................................................................................................................. 9 4.1.2 California Air Resources Board’s Portable Equipment Registration Program (PERP)...........................................................................................10 4.1.3 South Coast Air Quality Management District............................................................11 Noise............................................................................................................................................................14 Water...........................................................................................................................................................14 4.3.1 Federal Requirements..........................................................................................................14 4.3.2 MS4 Permit ...............................................................................................................................15 4.3.3 City of San Bernardino Requirements...........................................................................16 City Resolution on Temporary Use Permits................................................................................17 4.2 4.3 4.4 5.0 REVIEWꢀOFꢀROCKꢀCRUSHINGꢀEQUIPMENTꢀ..................................................................................ꢀ17 5.1 Elements of a Rock Crushing System.............................................................................................17 5.1.1 Primary Crushing Equipment ...........................................................................................17 5.1.2 Secondary Crushing Equipment.......................................................................................19 5.1.3 Tertiary and Quaternary Crushers..................................................................................19 Rock Crushing Process.........................................................................................................................20 Power Sources.........................................................................................................................................20 Recent Developments in Rock Crushing Technology..............................................................20 Air Emissions and Controls................................................................................................................21 Noise Emissions and Controls ..........................................................................................................22 5.2 5.3 5.4 5.5 5.6 6.0 OTHERꢀJURISDICTIONSꢀ.......................................................................................................................ꢀ23 6.1 City of Riverbank, California..............................................................................................................23 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page ii September 2023       Packet Pg. 539 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 6.2 6.3 City of Jurupa Valley, California .......................................................................................................25 City of Escondido....................................................................................................................................26 7.0 ALTERNATIVESꢀFORꢀMANAGINGꢀCONCRETEꢀDEBRISꢀANDꢀROCKꢀ........................................ꢀ27 7.1 7.2 Availability of Alternatives in and Around San Bernardino County.................................27 Comparative Air Pollutant Emissions............................................................................................30 7.2.1 Assumptions.............................................................................................................................30 7.2.2 Results ........................................................................................................................................31 LISTꢀOFꢀTABLESꢀ Tableꢀ2.2‐1 - Lithology of Exposed Bedrock in San Bernardino......................................................................... 2 Tableꢀ5.4‐1 - PM Emission Factors for Rock Crushing Operations .................................................................22 Tableꢀ5.5‐1 - Rock Crusher Noise Measurement Data..........................................................................................23 Tableꢀ7.1‐1 - Concrete and Rock Management Services In and Near San Bernadino..............................28 Tableꢀ7.1‐2 - Concrete and Rock Management Services In and Near San Bernadino..............................29 Tableꢀ7.2‐1 - Assumptions Used in Scenario Analysis..........................................................................................30 Tableꢀ7.2‐2 - Uncontrolled Criteria Pollutant Emissions for Each Scenario................................................31 Tableꢀ7.2‐3 - Controlled Criteria Pollutant Emissions for Each Scenario.....................................................31 Tableꢀ7.2‐4 - Greenhouse Gas Emissions for Each Scenario ..............................................................................31 LISTꢀOFꢀFIGURESꢀ Figureꢀ2.1‐1 – Zones of Potential Bedrock Outcrop in the City of San Bernadino ...................................... 3 ATTACHMENTSꢀ Attachmentꢀ1ꢀ Photographs of Ontario Great Park Site Attachmentꢀ2ꢀ Other Jurisdictions’ Pertinent Regulations Attachmentꢀ3ꢀ Calculation Details 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page iii September 2023       Packet Pg. 540 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ EXECUTIVEꢀSUMMARYꢀ INTRODUCTIONꢀ The City of San Bernardino has had to make decisions recently on approving projects that could involve onsite crushing of demolition materials and native rock in order to prepare sites for grading and construction. The objective of this study is to provide the City with comprehensive information regarding crushing processes, environmental impacts, regulations and the potential for onsite rock crushing during future construction projects. POTENTIALꢀFORꢀROCKꢀORꢀCONCRETEꢀCRUSHINGꢀ The report identifies and describes the potential need for onsite rock crushing within the City of San Bernardino corporate limits in the future. Isolated bedrock outcrops within the San Bernardino City limits occur primarily along the city's upsloping northern boundary with the San Bernardino Mountains and in the northern central part of the city. Bedrock types and occurrence differ on each side of the San Andreas Fault. A map outlining areas of outcrops was developed. Land use developers and City reviewers can use the map to determine the potential of a particular site for native rock issues. Foreknowledge of these issues can help plan the scope of site-specific geological and geotechnical studies. Cost estimators will know that they will have to account for removal or onsite rock reduction. EXAMPLESꢀOFꢀONSITEꢀCRUSHINGꢀOPERATIONSꢀINꢀSOUTHERNꢀCALIFORNIAꢀ Seven major projects throughout Southern California were reviewed to establish the environmental and regulatory issues associated with concrete and rock crushing at construction sites in the region. OntarioꢀGrandꢀPark in the City of Ontario began construction on its 370-acre site in October 2022. After clearing the site of relatively easily removable waste and debris, demolition work began with breaking up large slabs of asphalt and concrete that would fit into a rock crusher. During demolition, there were no complaints from nearby sensitive receptors, most likely due to their distance from the construction site as well as appropriate operating hours for the crushing activity. Approximately 96,000 tons were crushed into two large onsite piles reaching 30 feet in height. Plans call for reuse of 95 percent of the crushed aggregate as a base for the Grand Park.   LagunaꢀHillsꢀMall, a former regional shopping mall on a 68-acre site adjacent to the I-5 freeway in the City of Laguna Hills, is being demolished to make way for a new mixed-use development. While there were no sensitive receptors near the site in the City, residents in Lake Forest (across the freeway) complained about noise, but concurrent Caltrans work on the I-5 may have been responsible for those complaints. Full demolition will involve crushing of 34,342 tons of concrete and 63,031 tons of asphalt, all of which will be reused onsite. The project required a Precise Plan permit process. Fanitaꢀ Ranch, a 2,638-acre master planned community in the Santee area of San Diego County, borders existing residential neighborhoods on the south and east. Materials crushed onsite include rock, dense to very dense sandy gravel, cobble and boulders. The product of the onsite crushing operation will be used onsite. While there may be potential air quality 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page iv September 2023       Packet Pg. 541 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ and noise impacts from the crushing operation, the onsite crushing operation will comply with the City's noise standards and regional air quality standards.    HallmarkꢀTownhomes in San Marcos proposes 151 multifamily residential units on a 10.56- acre site. The onsite crusher would be located approximately 500 feet from the nearest sensitive receptors. Depending on staging location, noise levels resulting from rock crushing operations and potentially from a rock drill would exceed City standards. HarvestꢀHills is a proposed 550-unit single-family residential development in the Escondido area of San Diego County. Two large residential communities, as well as the San Diego Zoo Safari Park, are nearby. Development of the site will involve rock crushing, which will occur at a minimum of 500 feet from an existing residence. TheꢀUniversityꢀOfficeꢀandꢀMedicalꢀParkꢀwas proposed as an 87-acre mixed use project near California State University San Marcos in San Diego County. On the northeastern portion of the project site were granitic and volcanic rock outcrops. This material needed to be removed to allow grading and other construction activities. The plan was to blast the rock formations and then crush the debris with onsite portable equipment. The EIR concluded that noise exposures would be less than significant during construction. The project was never built. A residential project is under construction on approximately the same site. Construction has included blasting, but we have no information on rock crushing there. TheꢀBouldersꢀProject in Menifee (Riverside County) is a 10.14-acre mixed use development under construction on a site that has numerous unweathered granitic boulders up to 20 feet in diameter. The project will use two pneumatic hammers and two onsite rock crushers to remove boulders and bedrock. These devices were estimated to be responsible for less than four percent of the total construction noise exposure at sensitive receivers. REGULATORYꢀREQUIREMENTSꢀ AirꢀQualityꢀ Concrete and rock crushing results in the potential release of significant quantities of two types of particulate matter. Both the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (ARB) have established health-based standards for PM10 and PM2.5 concentrations in ambient air.1 The City of San Bernardino is in the South Coast Air Basin (SCAB), which is in nonattainment (in violation) of the California standards for both particulate pollutants. Equipment that runs on electricity from power connections emits only particulate matter. However, if the electricity is from an onsite generator that burns fossil fuel, or if the crushing equipment is powered by an integrally-configured diesel engine, then other pollutants such as nitrogen oxides (NOx), carbon monoxide (CO), and reactive organic carbon (ROG) are also emitted. Under the California Air Resources Board's Portable Equipment Registration Program (PERP), normally any piece of equipment that emits air pollutants needs to have a permit to operate from the 1 PM stands for particulate matter, which includes dusts and aerosols. PM10, also known as “respirable particulate matter,” is PM with an average aerodynamic diameter of 10 micrometers or less, which is small enough to enter the lungs. PM2.5, also known as "fine particulate matter,” is PM with an average aerodynamic diameter of 2.5 micrometers or less, which can remain deep in the longs for extended periods; it also can carry on its surface toxic gases and particles. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page v September 2023       Packet Pg. 542 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ local or regional air pollution control agency, unless it is specifically exempted. For rock or concrete crushing units that are self-propelled, the engine that provides motive power is not registered under PERP, and does not require a SCAQMD permit, but is nevertheless subject to ARB offroad mobile source regulations. The SCAQMD has an extensive set of rules for controlling air pollutant emissions. These rules apply whether or not permits are required for emission sources. Rule 401 (Visible Emissions) prohibits anyone from discharging to the atmosphere from a single source any air contaminant that, for an aggregated three minutes in any hour, is darker than No. 1 on the Ringelmann Chart or that obscures the observer's view as much as or more than does smoke. Rule 402 (Nuisance) states that "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 403 (Fugitive Dust) is a voluminous and complex rule whose purpose is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. Although most of the provisions of Rule 1157 (PM10 Emission Reductions from Aggregate and Related Operations) concern activities at stationary sources, such as rock quarries, it also applies to portable onsite rock crushing operations. Noiseꢀ The City of San Bernardino Municipal Code has only a few provisions covering construction noise, and none specifically related to concrete or rock crushing. All internal combustion equipment, including construction equipment, is required to having a silencing muffler. Waterꢀ Federalꢀ Unless a property to be developed is adjacent to a water body or has one running through it, use of onsite rock crushing would not require federal permits under §§ 401 or 404 of the Clean Water Act (CWA). However, § 402 of the CWA requires that projects that disturb one or more acres of soil or disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, to obtain a National Pollutant Discharge Elimination System (NPDES) permit. In California, to which the USEPA has delegated partial authority for administering the NPDES, the developer must obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity: Construction General Permit. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). MS4ꢀPermitꢀ The City and County of San Bernardino are signatories to the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporated Cities of San Bernardino County within the Santa Ana Region Area-Wide Urban Storm Water Runoff Management Program, regulates the discharge of pollutants into waters of the U.S. by way of stormwater and urban runoff drainage systems, including flood control facilities. In this context, the NPDES Permit is also 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page vi September 2023       Packet Pg. 543 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ referred to as an MS4 permit. Pursuant to the MS4 permit, Principal Permittees and Permittees must regulate discharges of pollutants in urban runoff from man-made sources into storm drains within their jurisdiction. CityꢀofꢀSanꢀBernardinoꢀ The City of San Bernardino has some Municipal Code sections devoted to water quality. §ꢀ8.80.101 essentially recognizes that the City is subject to the requirements of its MS4 permit, as described above. §ꢀSectionꢀ8.80.103(34)(g) defines one type of pollutant as "substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor." Thus concrete waste, with its high pH, would be defined as a pollutant. The City of San Bernardino City Engineer is responsible for the administration, implementation, and enforcement of the provisions of § 8.80, which applies to all dischargers, including commercial, industrial, and construction enterprises, to the City's stormwater drainage system (§ 8.80.201 and § 8.80.202). Prior to the issuance of any grading or building permit, all qualifying land development/redevelopment projects, shall submit and have approved a Storm Water Quality Management Plan (SWQMP) to the City Engineer on a form provided by the City. CityꢀResolutionꢀonꢀTemporaryꢀUseꢀPermitsꢀ On October 21, 2020, the San Bernardino City Council adopted Resolution 2020-265 to provide clarification and guidance on the issuance of temporary use permits under Municipal Code §19.70.020(2). According to the Resolution, §19.70.020 permits developer to use the site of an approved development project for storage of finished construction materials in the immediate runup to and during the construction of the project. To the best of our knowledge, this resolution is still in force. REVIEWꢀOFꢀROCKꢀCRUSHINGꢀEQUIPMENTꢀ A fairly small number of equipment types are common to most onsite rock crushing processes. Primaryꢀcrushers are used in the initial stage of crushing operations to break down blasted material or natural rock to sizes that can be transferred to and processed in secondary crushers.   A grizzly is a device that separates feed material by size. Jawꢀ crushers are durable, blunt instruments typically used in the primary stage of rock crushing.      Gyratoryꢀcrushers are typically used in the primary stage of rock crushing but they can also be used in the secondary stage. Coneꢀ crushersꢀ use compression to break down material similar to jaw and gyratory crushers, and they are common for both primary and secondary crushing. Impactꢀcrushers are very versatile and can handle different types of soft, medium, and hard materials including steel and asphalt. Secondaryꢀ crushing is performed after primary crushing and further reduces aggregate material into smaller particles ready for tertiary or quaternary crushing stages. Rollꢀcrushers can be used for secondary and tertiary crushing stages. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page vii September 2023       Packet Pg. 544 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Hammerꢀmills, which can be used for secondary and tertiary crushing stages, have hammers rotating at high speeds to pulverize material.   Verticalꢀshaftꢀimpactors can be used for secondary and tertiary crushing stages. Tertiaryꢀandꢀquaternaryꢀcrushing stages, or the third and fourth stages, follow primary and secondary crushing for fine sizing of particles. ConcreteꢀandꢀRockꢀCrushingꢀProcessꢀ The rock crushing process includes a series of steps that reduce large-sized rocks and demolition debris into successively smaller-size particles, ultimately producing fine material (smaller rocks, gravel or rock dust) that can be re-used for a number of purposes. RecentꢀDevelopmentsꢀinꢀConcreteꢀandꢀRockꢀCrushing Mobile rock crushers are becoming increasingly popular in the construction and mining industries due to their mobility, efficiency and versatility. AirꢀEmissionsꢀandꢀControlsꢀ The main rock crushing air pollutants of concern in the SCAB are PM10 and PM2.5. A substantial portion of the total emissions consists of large, heavy particles that settle out onsite and are not directly emitted to the atmosphere. The main methods of controlling particulate emissions from rock crushing are (1) water spraying at various points in the processing and (2) enclosing equipment and directing emissions to a baghouse. A fairly large rock crushing operation of 1,000 tons per day produces PM10 and PM2.5 emissions that are far below the SCAQMD's thresholds for significance under the California Environmental Quality Act (CEQA). NoiseꢀEmissionsꢀandꢀControlsꢀ For a previous project, UltraSystems reviewed the results of five sets of field measurements of noise from rock crushing operations. The mean and 95th percentile values for this data set were 87.4 and 88.9 dBA, respectively, at a receptor distance of 50 feet. These values are comparable to those of onsite construction equipment such as graders and excavators. Whether noise controls are needed will depend mainly on the distance of sensitive noise receivers to the rock crushing area. OTHERꢀJURISDICTIONSꢀ UltraSystems searched for other jurisdictions in California that had regulations or policies that applied to rock crushing. Pertinent sections of these jurisdictions’ regulations and policies are provided in Attachmentꢀ2. CityꢀofꢀRiverbankꢀ Although this city is in the San Joaquin Valley, we included it because it has some of the most comprehensive regulations for onsite rock crushing. It might be suitable as a template (with modifications for the City of San Bernardino's circumstances) for a municipal code section. The regulation has specific detailed requirements regarding such items as equipment capabilities, 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page viii September 2023       Packet Pg. 545 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ duration and hours of operations, location of equipment relative to sensitive receptors, and removal of equipment following completion of activity. CityꢀofꢀJurupaꢀValleyꢀ In a recent development agreement ordinance, the City of Jurupa Valley required the Pedley Crossing shopping center project, which included onsite rock crushing during construction, to install baghouses on equipment used for rock or concrete crushing to limit particulate matter emissions. Additional measures considered to limit PM and PM emissions were also included. The agreement102.5 also required an extensive set of mitigation measures for noise from rock crushing in cases where a line of sight exists between the crushing equipment and residential areas within 900 feet. In addition, for impacts related to unidentified prehistoric archaeological resources within the Traditional Use Area, the Tribal Monitor will be allowed onsite at times when the Project Archaeologist is conducting archaeological monitoring during initial ground disturbing activities and excavation of each portion of the project site. CityꢀofꢀEscondidoꢀ The City of Escondido (San Diego County) Municipal Code §17-238 states that it is unlawful to do any authorized grading, defined as compacting, drilling, rock crushing or splitting, bulldozing, clearing, dredging, digging, filling and blasting, at any construction site, except on specified days and hours. It also states that any equipment used for grading shall not be operated so as to cause noise in excess of a one-hour sound level limit of 75 dB at any time when measured at or within the property lines of any property which is developed and used in whole or in part for residential purposes, unless a variance has been obtained in advance from the city manager. ALTERNATIVESꢀFORꢀMANAGINGꢀCONCRETEꢀDEBRISꢀANDꢀROCKꢀ AvailabilityꢀofꢀAlternativesꢀinꢀandꢀAroundꢀSanꢀBernardinoꢀCountyꢀ At the City's request, UltraSystems gathered information on the availability of alternative means of managing potentially recyclable demolition debris from construction sites. The following things can be, and are, done to handle concrete demolition debris and solid rock materials that are present on a construction site:   Haul the material to a landfill for permanent disposal. Haul the material to an offsite facility (landfill, quarry, recycler etc.) for crushing and sale of product to that facility's customers. Haul the material to an offsite crusher, have it crushed, and return the product to the construction site for use in construction.   Crush the material onsite and use it in construction. Crush the material onsite and sell it to a building materials vendor. Several companies within or very near the city of San Bernardino offer services for the recycling or disposal of concrete and asphalt. The report identifies 12 firms that can provide concrete debris and/or rock management services. If recycling is not an option due to contaminated debris, most 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page ix September 2023       Packet Pg. 546 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ landfills will accept construction material. If the debris could be hazardous the landfill must be informed to determine if a waste profile is required so it is disposed of properly. ComparativeꢀAirꢀPollutantꢀEmissionsꢀ To put the information presented so far into perspective, we analyzed the following scenarios for a situation in which 10,000 tons of rock or concrete debris are already on a project site: A. Loading the debris into dump trucks and hauling it to a landfill. B. Hauling the debris to an offsite crushing facility, crushing it and returning product to the construction site. C. Crushing the rock or concrete onsite with a portable crushing system. The objective of this analysis was to compare criteria and air pollutant and greenhouse gas (GHG) emissions for the three scenarios. Results of the analysis are found in Sectionꢀ7.2.2 of this report. The main findings were:   Scenario B has the highest emissions and Scenario A has the lowest. For all pollutants except NOx, uncontrolled daily criteria pollutant emissions would be below the SCAQMD’s CEQA significance thresholds for project operations.   If the diesel generators and loaders were required to meet Tier 4 Final emission standards, then NOx emissions would also be less than significant. GHG emissions would range from 10 metric tons of CO2 equivalent (for Scenario A) to 31.7 metric tons of CO2 equivalent (for Scenario B). 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page x September 2023       Packet Pg. 547 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 1.0 INTRODUCTIONꢀ Some development projects include demolition of existing concrete structures such as buildings or pavement. In other cases, solid rock on or just underlying the surface of a project site must be removed before the site can be graded. Both situations sometimes create large quantities of material which may potentially be used onsite for construction purposes, but first must be reduced in size. The main options for disposition of this material are (1) haul to a landfill for disposal, (2) haul to an offsite crushing facility and return the size-reduced materials to the project site and (3) crush the material onsite and reuse there. The City of San Bernardino (the City), having had in recent years to make decisions on development projects for which onsite crushing of concrete debris has been an option, has requested an independent study of rock and concrete crushing technology, impacts and regulations.2 1.1 ObjectivesꢀofꢀtheꢀAnalysisꢀ The objectives of this study were:    Identify areas of the city where onsite crushing operations may be needed. Describe examples of the use of onsite crushing operations in the Southern California region. Identify regulatory requirements (including whether and how the activity is regulated by South Coast Air Quality Management District, City’s Noise Ordinance, NPDES, MS4 permit).   Identify and evaluate the typical equipment used as part of a crushing operation and any applicable restrictions or regulations (e.g., are AQMD permits required). Research other regional cities and counties that have similar programs, ordinances and/or regulations for onsite concrete crushing operations. 1.2 OutlineꢀofꢀtheꢀAnalysisꢀ Sectionꢀ2 looks at the potential for use of onsite crushing in San Bernardino in the near future. Using a geologic map developed for this project, it identifies areas of natural bedrock outcrops. Five completed and current projects in Southern California that used or plan to use onsite rock crushing were identified and described in detail in Sectionꢀ3.ꢀ Sectionꢀ 4ꢀ identifies and describes in detail federal, state, regional and local regulations for controlling the air quality, noise and water quality impacts of rock and concrete crushing. It also describes City Resolution No. 2020-265. Sectionꢀ5 describes the individual elements of a rock crushing system and the flow of materials through it. The section also discusses trends in mobile crushing technology and provides information for assessing air quality and noise impacts. 2 Scope of Work-Final, City of San Bernardino. Transmitted in email from Okan Demirci, City of San Bernardino, CA to Betsy Lindsay, UltraSystems Environmental Inc., Irvine, CA. June 14, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 1 September 2023       Packet Pg. 548 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Rock crushing regulations and actions of other jurisdictions are discussed in Sectionꢀ 6. Finally, Sectionꢀ7ꢀcompares environmental impacts of onsite crushing versus hauling materials to landfills. 2.0 POTENTIALꢀFORꢀONSITEꢀCRUSHINGꢀ This section presents information on the potential need for onsite rock crushing within the City of San Bernardino corporate limits in the future. Situations which could require onsite crushing would include (1) presence of native rock that would make grading, excavation and other construction activities difficult or impossible; (2) onsite demolition of concrete. and (3) preconstruction presence of dumped materials needing size reduction. Given the lack of detailed information on the second and third situations in the future, we focused on the first one. 2.1 LocationsꢀofꢀBedrockꢀOutcropsꢀ The locations of bedrock outcrops within the city limits were identified by using the MapView webtool provided by the United States Geologic Service (USGS) National Geologic Map Database (NGMDB).3 MapView provides and compiles all available geologic maps for a specified area, allowing for accurate identification of surficial geology and rock types. As seen in Figureꢀ2.1‐1, bedrock outcrops within the San Bernardino City limits occur primarily along the city's upsloping northern boundary with the San Bernardino Mountains and in the northern central part of the city as isolated outcrops, with bedrock type and occurrence split by the San Andreas Fault. Bedrock outcrops along the city's northern boundary, north of the San Andreas Fault, are comprised mainly of Mesozoic metamorphic gneisses and more resistant granitic rocks; additionally, a thin band of Cenozoic sandstone and conglomerates occurs north of the fault in select areas. South of the San Andreas fault and only in areas north of West Base Line Street, bedrock outcrops are comprised of isolated, often linear outcrops of Mesozoic metamorphic schists; outcrops of the same schist and Cenozoic granodiorite are also present along the city's boundary with the San Gabriel Mountains. To the south and away from the San Gabriel and San Bernardino Mountains, and throughout much of the city, the shallow subsurface is predominantly comprised of Quaternary alluvial sediments. Tableꢀ2.2‐1 lists the types of exposed bedrock in the city. Tableꢀ2.2‐1ꢀ LITHOLOGYꢀOFꢀEXPOSEDꢀBEDROCKꢀINꢀSANꢀBERNARDINOꢀ NorthꢀofꢀSanꢀAndreasꢀFault Sandstone and Conglomerate Gneissꢀ Granitic Rocks SouthꢀofꢀSanꢀAndreasꢀFault Pelona Schist Granodiorite 3 https://ngmdb.usgs.gov/mapview/?center=-97,39.6&zoom=4. Accessed on July 11, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 2 September 2023       Packet Pg. 549 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ ꢀ FIGUREꢀ2.1‐1ꢀ ZONESꢀOFꢀPOTENTIALꢀBEDROCKꢀOUTCROPꢀINꢀTHEꢀCITYꢀOFꢀSANꢀBERNARDINOꢀ ꢀ 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 3 September 2023       Packet Pg. 550 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 2.2 NeedꢀforꢀOnsiteꢀCrushingꢀ Land use developers and City reviewers can use Figureꢀ 2.1‐1 to determine the potential of a particular site for native rock issues. Foreknowledge of these issues can help plan the scope of site- specific geological and geotechnical studies. Cost estimators will know that they will have to account for removal or onsite rock reduction. 3.0 EXAMPLEꢀONSITEꢀCRUSHINGꢀOPERATIONSꢀINꢀSOUTHERNꢀCALIFORNIAꢀ To gain appreciation of the environmental and regulatory issues associated with concrete and rock crushing at construction sites, we looked at seven projects in Southern California. Some of these projects are currently active, while others obtained clearance under the California Environmental Quality Act (CEQA) but were not built. 3.1 OntarioꢀGrandꢀPark,ꢀOntarioꢀ In October 2022, the City of Ontario formally began construction on its 370-acre Grand Park Specific Plan.4,5 Site photographs are provided in Attachmentꢀ1. One of the first steps was to clear debris from a 135-acre lot just north of the intersection of Eucalyptus Avenue and Sumner Avenue. This plot of land was previously covered with trash along with abandoned houses, a loading dock, and various other concrete structures. Hazardous objects included asbestos-containing building materials, dirt piles hiding thousands of nails within, broken glass and ceramic pieces, and hundreds of tires. Relatively easily removable waste was promptly sorted and loaded into trucks to be hauled away to either recycling or proper disposal facilities. Next came the large bulldozers, blasters, and other demolition equipment to begin breaking up large slabs of concrete and asphalt into smaller pieces that would fit into a rock crusher. The temporary rock crusher was onsite for about three weeks, sorting material by size and removing the mixed-in rebar. The construction equipment was only operated within certain approved hours, avoiding weekends and holidays so as to not create a nuisance to sensitive receptors. The nearest sensitive receptors, or groups especially vulnerable to poor air quality and loud noise, were homes approximately 1,000 feet from the crushing location. During the demolition phase, there were no complaints from any sensitive receptors. This was most likely due to the combination of appropriate operating hours, distance to the construction site, and knowledge of the project going on. The end result of the demolition phase was approximately 96,000 tons of crushed 0.75-inch aggregate material into two large piles. These piles reached heights of about 30 feet, each covering an area of about 1,500 square feet. These piles are not covered nor are they regularly hosed down, except in response to strong winds. The piles do not produce much dust due to the particle size and being compacted after some rain. It is not clear whether the mitigation measures required by South Coast Air Quality Management District Rule 4036 have been implemented. The plan aims to reuse 95% of the crushed aggregate as a base for the Grand Park so there is no need to move it. Some of the 4 5 City of Ontario Grand Park. Executive Summary. Accessed at https://www.ontarioca.gov/sites/default/files/Ontario- Files/Planning/Maps/gpsp_section_1.pdf on July 20, 2023. City of Ontario. Agenda Report. November 15, 2022. Demolition of the Buildings and Debris Located on the Property for the Grand Park Phase 1. Accessed at https://d2kbkoa27fdvtw.cloudfront.net/ontarioca/ed338fa4b49285b56e7b3e2e862580ee0.pdf on July 21, 2023. See Sectionꢀ4.1.3.2 of this report.6 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 4 September 2023       Packet Pg. 551 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ aggregate has already been hauled to other parts of the city to use as a base for other projects, and whatever is not used will be sold to contractors or used elsewhere. The key components of this project regarding rock crushing are the location, the acreage, and the public’s attitude towards it. The lack of nearby sensitive receptors allowed the contractors to acquire standard demolition permits and follow typical construction measures without needing to take extra steps to reduce noise or air emissions. The large size of the project plan allows the aggregate to stay and be used onsite, diminishing the need for extra hauling. The public’s support for the project applied pressure on the City to expedite the beginning stages of development. 3.2 LagunaꢀHillsꢀMallꢀDemolition,ꢀLagunaꢀHillsꢀ Laguna Hills Mall, a former regional shopping mall on a 68-acre site in Laguna Hills, is being redeveloped into The Villages at Laguna Hills, a mixed-use project with a range of uses including retail, office, hotel, entertainment, and open space and recreation. The Project is located adjacent to the I-5 Freeway and away from any established residential neighborhoods or other sensitive receptors, and there are no adverse impacts on any established neighborhoods or communities. The City of Laguna Hills has received noise complaints from residents of the City of Lake Forest (across the I-5 Freeway), but noise could also have been from a concurrent Caltrans project on the freeway. The full demolition will involve crushing onsite of 34,242 tons of concrete and 63,031 tons of asphalt, all of which will be reused onsite. A maximum of 194 tons per hour for concrete and 210 tons per hour of asphalt would be crushed, resulting in a maximum of 1,552 tons per eight-hour day and 1,680 tons per eight-hour day for concrete and asphalt, respectively. The onsite mobile crushing/processing rig is driven by a 220-horsepower engine. An estimated 2,320 tons of demolition material would be exported offsite, requiring 232 one-way haul truck trips. The distance to the demolition disposal site is anticipated to be less than 20 miles from the project site. The project required a Precise Plan permit process. Construction noise is exempt from the City’s Noise Ordinance, provided that the work occurs between 7 a.m. and 8 p.m., Monday through Friday, and 8 a.m. to 8 p.m. on Saturdays. Construction activity on Sundays and Federal holidays is permitted, but must comply with the City’s Noise Ordinance. 3.3 FanitaꢀRanchꢀDevelopment,ꢀSanteeꢀ The Fanita Ranch project was approved by the Santee City Council on September 23, 2020.7 The project site consists of approximately 2,638 acres in the northern portion of the City of Santee (City) in eastern San Diego County. The master planned community would consist of up to 2,949 housing units with a school, or 3,008 units without a school, up to 80,000 square feet of commercial uses, parks, open space, and agriculture uses. The site lies north of State Route (SR)-52 and west of SR-67 and would be accessed from the future northerly extensions of Fanita Parkway and Cuyamaca Street via Mast Boulevard and the future extension of Magnolia Avenue to Cuyamaca Street. It is bordered by Marine Corps Air Station Miramar and Padre Dam Municipal Water District facilities to the west, 7 Fanita Ranch Project. City of Santee. Accessed online at https://www.cityofsanteeca.gov/our-city/fanita-ranch- project on July 21, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 5 September 2023       Packet Pg. 552 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ including Santee Lakes Recreation Preserve; open space/recreational areas including Goodan Ranch Regional Park and Sycamore Canyon Open Space Preserve to the north and west; Santee residential neighborhoods to the south; and the unincorporated residential community of Eucalyptus Hills to the east. Materials crushed onsite include rock, dense to very dense sandy gravel, cobble, and boulders--to produce roadway subbase--and other aggregate materials for use on the site. The crushing operation involves a temporary onsite aggregate plant powered by electricity. There is a potential for using jaw and cone crusher systems, which may result in air quality and noise impacts. Rock crushing activities would comply with the City’s noise standards and regional air quality standards.ꢀ 3.4 HallmarkꢀTownhomes8ꢀProject,ꢀSanꢀMarcosꢀ Hallmark Townhomes, which was approved by the San Marcos City Council in May 2022, is a multifamily project proposing 151 multifamily residential units situated on approximately 10.56 gross acres of land. Residential units are planned on approximately 2.8 acres of the project site. Located in the City of San Marcos in San Diego County, the site is characterized by granitic bedrock conditions, requiring blasting and an onsite rock crushing operation. The crusher would be located approximately 500 feet from the nearest sensitive receptors (residences, a church and a preschool), in the central portion of the site along East Barham Drive to maximize the distance separation from the adjacent residential, church, and school uses. In the project EIR, fugitive dust generation emissions resulting from blasting and rock crushing were evaluated using emission factors from the USEPA AP-42 publication. The AERSCREEN dispersion model was used to predict the maximum exposure distance and concentrations. Depending on staging location, noise levels resulting from rock crushing operations and potentially from a rock drill would exceed City standards. During grading, a small rock crusher would be onsite for ancillary crushing needs. The project may utilize a Thunderbird Hazemag Impact Crushing Plant Model CP300 rock crusher or equivalent. Rock crushing will occur between 9:00 a.m. and 4:00 p.m. A conditional use permit is included with the entitlement of the proposed project for potential use of a rock crusher on site. Blasting also required issuance of a blasting permit from the San Marcos Fire Department. Assuming the rock crusher is 10 feet high, the barrier associated with the rock crushing operation must be at least 11 to 12 feet high to shield the crusher both visually and acoustically. 3.5 HarvestꢀHills,9ꢀEscondidoꢀ This residential development is located in the City of Escondido in west-central San Diego County, 30 miles north of downtown San Diego and 18 miles east of the Pacific Ocean. The planned community is east of the Rancho San Pasqual community (580 homes), northeast of the Rancho Vistamonte community (80 homes), and north of the San Diego Zoo Safari Park. 8 9 Formerly known as the East Barham Residential Development. It was approved by the City of San Marcos Planning Commission in April 2022. ꢀ Formerly known as Safari Highlands Ranch. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 6 September 2023       Packet Pg. 553 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ The Harvest Hills project proposes a 550-unit single-family residential development with a fire station and public and private recreational amenities on approximately 1,098 acres. The area in which the project is located is described as a community composed of distinct residential neighborhoods, business districts, and employment centers, whose urban form reflects the natural environmental setting. Nearest sensitive receptors are single-family residences (nearest is 108 feet) and the Safari Park (700 feet). Development of the site will involve rock crushing, which would be completed with a crusher, and would also be required to process rock removed with project grading onsite. During construction, all operating rock crushing equipment is be placed at a minimum of 500 feet from an existing residence. The City of Escondido’s regulation of onsite rock crushing is discussed further in Sectionꢀ6.3.ꢀ 3.6 UniversityꢀOfficeꢀandꢀMedicalꢀParkꢀProject,ꢀSanꢀMarcosꢀ This was a proposed 87-acre mixed-use project near California State University San Marcos in San Diego County.10 Elements of the project included medical offices, professional offices, a specialized hospital, and support retail. About five acres of the property was also reserved as a potential school site. Finally, it would have included about 16 acres of natural habitat preservation associated with San Marcos Creek. On the northeastern portion of the project site were outcrops of granitic rock of the Cretaceous Southern California Batholith, locally covered by topsoil, as well as Jurassic-aged volcanic rock. This material needed to be removed to allow grading and other construction activities. The plan was to blast the rock formations and then crush the debris with onsite portable equipment. The temporary facility would have contained, at a minimum, a jaw crusher and associated screening, loading and power generation equipment, which would have been used to reduce rock to minus 6-inch cap material. The facility would also have been permitted to contain secondary crushing equipment, including a cone crusher, stackers and conveyors, to produce material to support and cover utilities under roadways. PM10 emissions were calculated with emission factors developed by the San Diego Air Pollution Control District (SDAPCD).11 Because the mass of rock to be processed was unknown, the calculation determined the maximum daily rock processing rate that would not result in total unmitigated PM10 emissions exceeding the SDAPCD’s CEQA threshold. Under a “worst case” of low- moisture rock and no emission controls, the amount of rock that could be crushed would range from about 4,670 tons per day (secondary crushing only) to about 16,000 tons per day (primary crushing only). Implementation of fugitive dust control measures for construction activities other than rock crushing then would have allowed process rates for the rock crushing operation to be higher. In any event, the SDAPCD would have, through issuance of a permit to operate, imposed conditions to ensure that emissions from the rock crushing facility would be minimized. Noise impacts from blasting and rock crushing during construction were analyzed for this project. Noise exposures from rock crushing are discussed in Sectionꢀ5.5. For the San Marcos project, the temporary rock crushing facility was estimated to be about 1,300 feet from the nearest sensitive receptor (a residence south of the project area). The estimated noise exposure at the residence 10 11 Final Environmental Impact Report (FEIR 08-42) for the University Office and Medical Park Project (SP 90-24(08M)). State Clearinghouse No. 2008011032. Prepared by UltraSystems Environmental Inc. for the City of San Marcos, California, November 5, 2008. See Sectionꢀ5.4. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 7 September 2023       Packet Pg. 554 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ would be 53.5 dBA. This level is far below the estimated exposure from other construction equipment, and would not make a significant contribution toward total exposure. Public comments on the Draft Environmental Impact Report were generally negative. The proposed rock crushing operation was mentioned by many local residents, who were concerned about excessive noise. The response to this type of comment was that, as noted above, the facility would be too distant from sensitive receivers to make a significant contribution to total construction noise. The Final EIR, presented calculations to show that only residences within about 150 feet would be exposed to excessive noise levels from any of the construction activities, assuming no mitigation. To the best of our knowledge, the University Office and Medical Park Project was never built. In March 2018, the City of San Marcos approved Discovery Village, a residential project on approximately the same site.12 The southern half of the project is substantially built as of this writing, while construction has not yet begun on the northern half. Construction has included blasting, but have no information at this writing about rock crushing. 3.7 TheꢀBouldersꢀProject,ꢀMenifeeꢀ The Boulders Project in Menifee (Riverside County) is a 10.14-acre mixed-use development comprised of an office building, a 234-unit multi-family apartment complex and amenities.13 The southeast corner of the site is occupied by a small hill with numerous large unweathered granitic boulders up to 20 feet in diameter. The project will require the use of two rock crushers and two pneumatic hammers to remove boulders and bedrock. The IS/MND does not explicitly address criteria air pollutant or greenhouse gas emissions from the rock crushing. However, it does address noise from that activity. The analysis assumes that the crushers and pneumatic hammers would each result in a maximum noise exposure of 85 dBA at 50 feet.14 This value is slightly lower than the time- weighted average values presented in Sectionꢀ5.6, and so may be an underestimate. Although total construction noise exposure was estimated to exceed 90 dBA Lmax at one neighboring residence, the rock crushers and pneumatic hammers were responsible for less than four percent of the total. The rock crushers would not cause vibration impacts, and the pneumatic hammers were assumed to have the same vibration characteristics as jackhammers. The analysis found that the pneumatic hammers would have negligible vibration impacts. Project construction began on June 30, 2023.15 12 13 T. Layne, Discovery Village Construction Underway in San Marcos. The Coast News, March 24, 2021. Accessed at https://thecoastnews.com/discovery-village-construction-underway-in-san-marcos/ on August 9, 2023. Draft Initial Study/Mitigated Negative Declaration, The Boulders Project, City of Menifee, Riverside County, California, Prepared by LSA Associates,Inc.for City of Menifee.October 2021.Accessed at https://www.cityofmenifee.us/DocumentCenter/View/14077/Boulders-ISMND-10-01-2021 on August 27, 2023. 14 15 Construction noise analyses under CEQA normally use time-weighted average exposures instead of the maximum exposure (Lmax). Spoon, D. Officials break ground on The Boulders mixed-use development. June 30, 2023. Accessed at http://www.menifee247.com/2023/06/officials-break-ground-on-the-boulders-mixed-used-development.html on August 27, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 8 September 2023       Packet Pg. 555 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 4.0 4.1 REGULATORYꢀREQUIREMENTSꢀ AirꢀQualityꢀ 4.1.1 AirꢀPollutionꢀIssuesꢀ Concrete and rock crushing results in the potential release of significant quantities of two types of particulate matter (PM). PM consists of finely divided solids or liquids, such as soot, dust, aerosols, fumes and mists. Primary PM is emitted directly into the atmosphere from activities such as agricultural operations, industrial processes, construction and demolition activities, and entrainment of road dust into the air. Secondary PM is formed in the atmosphere from predominantly gaseous combustion by-product precursors, such as sulfur oxides, NOX, and ROGs. Particle size is a critical characteristic of PM that primarily determines the location of PM deposition along the respiratory system (and associated health effects) as well as the degradation of visibility through light scattering. In the United States, federal and state agencies have focused on two types of PM. PM10 corresponds to the fraction of PM no greater than 10 micrometers in aerodynamic diameter and is commonly called respirable particulate matter, while PM2.5 refers to the subset of PM10 of aerodynamic diameter smaller than 2.5 micrometers, which is commonly called fine particulate matter.16 PM10 and PM2.5 deposition in the lungs results in irritation that triggers a range of inflammation responses, such as mucus secretion and bronchoconstriction, and exacerbates pulmonary dysfunctions, such as asthma, emphysema, and chronic bronchitis. Sufficiently small particles may penetrate the bloodstream and impact functions such as blood coagulation, cardiac autonomic control, and mobilization of inflammatory cells from the bone marrow. Individuals susceptible to higher health risks from exposure to PM10 airborne pollution include children, the elderly, smokers, and people of all ages with low pulmonary/cardiovascular function. For these individuals, adverse health effects of PM10 pollution include coughing, wheezing, shortness of breath, phlegm, bronchitis, and aggravation of lung or heart disease, leading, for example, to increased risks of hospitalization and mortality from asthma attacks and heart attacks. PM2.5 is particularly harmful because of its high surface-to-volume ratio. Toxic metals and other hazardous air pollutants cling to the particles surface and are carried deep into the lungs. Both the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (ARB) have established health-based standards for PM10 and PM2.5 concentrations in ambient air. The City of San Bernardino is in the South Coast Air Basin (SCAB), which is in nonattainment (in violation) of the California standards for both particulate pollutants.17 The SCAB is a federal “maintenance area” for PM10, which means that in no longer violates the USEPA standards but must continue implementing the measures that it took to achieve compliance. The Basin is in serious federal nonattainment for PM2.5.18 Cutting, sawing, grinding, drilling and crushing stone, rock or concrete creates microscopic particles crystalline silica dust, which has been linked to silicosis, lung cancer, chronic obstructive pulmonary 16 17 For comparison, a human hair is about 50 to 90 micrometers thick. California Air Resources Board. Maps of State and Federal Area Designations. Accessed online at https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-area-designations, on June 26, 2023. U.S. Environmental Protection Agency. Nonattainment Areas for Criteria Pollutants (Green Book). Accessed online at https://www.epa.gov/green-book, on June 26, 2023. 18 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 9 September 2023       Packet Pg. 556 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ disease and kidney disease.19 The federal Occupational Safety and Health Administration (OSHA) has issued exposure standards for construction workers exposed to crystalline silica, including those who operate crushing machines.20 However, the U.S. Environmental Protection Agency does not regulate crystalline silica as a hazardous air pollutant (HAP).21 The California Office of Environmental Health Hazard Assessment (OEHHA), in conjunction with the ARB has established relative exposure levels for crystalline silica for chronic noncancer risk assessments, but has not developed cancer risk factors.22 4.1.2 CaliforniaꢀAirꢀResourcesꢀBoard’sꢀPortableꢀEquipmentꢀRegistrationꢀProgramꢀ(PERP)ꢀ Normally, any piece of equipment that emits air pollutants needs to have a permit to operate from the local or regional air pollution control agency, unless it is specifically exempted. Rock crushing equipment would therefore need a permit from the local air quality regulatory agency, which is the South Coast Air Quality Management District (SCAQMD). However, the ARB has established a voluntary equipment registration program for portable equipment, such as rock crushers, that can be moved from one site to another anywhere in California.23 The equipment cannot reside at one site for more than 12 consecutive months.24 In order to start a new 12-month clock at any location, portable equipment must have been moved from a different location for a legitimate business purpose other than avoiding an air district permit requirement. For rock crushing units that are self-propelled, the engine that provides power for transportation to and from a work site is not registered under PERP, and does not require a SCAQMD permit, but is nevertheless subject to ARB onroad mobile source regulations. The part of the machine that produces particulate emissions (crusher, grinder, etc.) is considered portable and is eligible for PERP. PERP registration is also available for diesel-fueled portable generators that supply electricity to the crushing equipment. To be eligible for PERP registration, an engine must satisfy a number of requirements. We will not go too deeply into the details here, but the main requirements are as follows. Engines rated at 50 to 750 brake horsepower (BHP) must be certified to federal Tier 4 Final standards,25,26 although under some circumstances other tiers are permissible. These 19 20 United States Department of Labor, Occupational Safety and Health Administration, Silica, Crystalline. Accessed online at https://www.osha.gov/silica-crystalline on July 29, 2023. United States Department of Labor, Occupational Safety and Health Administration Standard Number 1926.1153 – Respirable Crystalline Silica, as of May 14, 2019. Accessed online at https://www.osha.gov/laws- regs/regulations/standardnumber/1926/1926.1153 on July 29, 2023. 21 22 U.S. Environmental Protection Agency. Initial List of Hazardous Air Pollutants with Modifications. Last updated December 19, 2022. Accessed online at https://www.epa.gov/haps/initial-list-hazardous-air-pollutants- modifications on July 29, 2023. California Office of Environmental Health Hazard Assessment, Consolidated Table of OEHHA/ARB Approved Risk Assessment Health Values, May 1, 2023. Accessed online at https://ww2.arb.ca.gov/sites/default/files/classic/toxics/healthval/contable05012023.pdf on July 29, 2023. California Air Resources Board. Portable Equipment. Frequently Asked Questions. January 14, 2020. Accessed at https://ww2.arb.ca.gov/sites/default/files/2020-01/PERP_FAQ%20.pdf on July 21, 2023. The time limit applies to the residence time on site, and has nothing to do with how much time the equipment is actually used. 23 24 25 California Air Resources Board. Form 3 – Application for a Compression Ignition (Diesel) Portable Engine Registration. Accessed at https://ww2.arb.ca.gov/sites/default/files/2021- 07/ED_CREB_162_Form_2_Application_for_a_Compression_Ignition_Diesel_Portable_Engine_Registration_0.pdf on July 28, 2023. 26 Tier 4 engines are required to use ultra-low sulfur diesel fuel. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 10 September 2023       Packet Pg. 557 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ standards require engine manufacturers to limit emissions of particulate matter and NOx after the 2014 model year.27 Engines rated at over 750 BHP must be certified to federal Tier 4 Interim standards.28 These standards are not as stringent as Tier 4 Final standards, and were used to enable the Tier 4 Final standards to be phased in over a few years for large engines.29 4.1.3 SouthꢀCoastꢀAirꢀQualityꢀManagementꢀDistrictꢀ The SCAQMD is responsible for maintaining and improving air quality in all of Orange County and the urbanized portions of Los Angeles, Riverside and San Bernardino Counties. Through its regulations and rules, it implements state and federal laws and regulations within its geographic distribution. The SCAQMD has an extensive set of rules for controlling air pollutant emissions. These rules apply whether or not permits are required for emission sources. The following discussion focuses on rules that potentially apply to onsite concrete and rock crushing. 4.1.3.1 SCAQMDꢀRuleꢀ401ꢀ(VisibleꢀEmissions)ꢀ This rule prohibits anyone from discharging to the atmosphere from a single source any air contaminant that, for an aggregated three minutes in any hour, is darker than No. 1 on the Ringelmann Chart or that obscures the observer’s view as much as or more than does smoke. The Ringelmann Chart shows a standard set of shades ranging from white through gray to black. Two things of note here are: (1) someone has to complain before a SCAQMD inspector comes to investigate and (2) the Ringelmann Chart comparison must be made with someone who has gone through special training and passed a qualifying “smoke test.” 4.1.3.2 SCAQMDꢀRuleꢀ402ꢀ(Nuisance)ꢀ Rule 402 states that “A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” For someone to be cited for violation of this rule, a SCAQMD inspector must observer the nuisance in person. 4.1.3.3 SCAQMDꢀRuleꢀ403ꢀ(FugitiveꢀDust)ꢀ This is a voluminous and complex rule whose purpose is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. It applies to any activity capable of generating fugitive dust.30 The rule contains numerous control measures; some apply to all dust-generating operations and some to operations on 50 or more acres of disturbed surface area. 27 28 29 40 CFR Subpart B -Emission Standards and Related Requirements, § 1039.101. California Air Resources Board, Op. Cit. U.S. Environmental Protection Agency, Nonroad Compression-Ignition Engines: Exhaust Emission Standards. Office of Transportation and Air Quality, EPA-420-B-16-022, March 2016. Accessed at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100OA05.pdf on July 28, 2023. Fugitive sources release pollutants to the air in ways other than deliberately through a vent or stack.30 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 11 September 2023       Packet Pg. 558 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Two of the rule’s provisions have an increased potential for violation when crushed materials are stockpiled and are not covered and/or frequently watered: No person shall cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area such that the dust remains visible in the atmosphere beyond the property line of the emission source.31 No person shall cause or allow PM10 levels to exceed 50 micrograms per cubic meter when determined, by simultaneous sampling, as the difference between upwind and downwind samples collected on high-volume particulate matter samplers or other U.S. EPA-approved equivalent method for PM10 monitoring.32 Crushing operations are specifically mentioned in Rule 403, including one of the activities that comes under the definition of “construction.” The following two control measures are mandatory for all project sizes:33   Measureꢀ04‐1: Stabilize surface soils prior to operation of support equipment. Measureꢀ04‐2: Stabilize material after crushing. The rule gives the following guidance for implementing the control measures:     Follow permit conditions for crushing equipment. Pre-water material prior to loading into crusher. Monitor crusher emissions opacity. Apply water to crushed material to prevent dust plumes. Crushed materials are generally stored in stockpiles while awaiting onsite use or transport offsite. Rule 403 has the following two control measures for stockpiles at all sizes of construction sites:   Measureꢀ14‐1:ꢀStabilize stockpiled materials. Measureꢀ14‐2:ꢀStockpiles within 100 yards of offsite occupied buildings must not be greater than eight feet in height; or must have a road bladed to the top to allow water truck access or must have an operational water irrigation system that is capable of complete stockpile coverage. The rule gives the following guidance for implementing the control measures:   Add or remove material from the downwind portion of the storage pile. Maintain storage piles to avoid steep sides or faces. For large operations, additional requirements apply to open storage piles at construction sites:34 31 32 33 34 SCAQMD Rule 403(d)(1)(A). SCAQMD Rule 403(d)(3). SCAQMD Rule 403, Table 1. SCAQMD Rule 403, Table 2. A fourth control measure for storage piles does not apply to construction sites. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 12 September 2023       Packet Pg. 559 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ   ControlꢀActionꢀ5a: Apply chemical stabilizers; OR ControlꢀActionꢀ5b:ꢀApply water to at least 80 percent of the surface area of all open storage piles on a daily basis when there is evidence of wind driven fugitive dust; OR ControlꢀActionꢀ5c:ꢀInstall temporary coverings. 4.1.3.4 SCAQMDꢀ Ruleꢀ 1157ꢀ (PM10ꢀ Emissionꢀ Reductionsꢀ fromꢀ Aggregateꢀ andꢀ Relatedꢀ Operations)ꢀ Although most of the provisions of this rule concern activities at stationary sources, such as rock quarries, the rule also applies to portable onsite rock crushing operations.35 Much of the rule’s requirements are similar to those of Rule 403, described above. The following provisions focus on rock crushing activities and material storage piles. VisibleꢀDustꢀLimitationsꢀ The rule limits discharges of visible dust emissions to the atmosphere from any activity, equipment or storage pile. Visible dust plumes may not exceed 100 feet from those types of sources.36 EquipmentꢀDustꢀControlꢀ    Dust suppressants or other dust control methods must be used during loading, unloading or transferring materials, including use of conveyors. Screening equipment must be within an enclosure that is equipped with a baghouse or use dust suppressants or other dust control measures.37 Crushing equipment does not need to be enclosed, but it needs to have baghouses to control PM10 emissions; alternatively, dust suppressants or other dust control methods must be used.38 StorageꢀPilesꢀ The operator must maintain the entire surface area of open material storage piles in a stabilized condition or store materials in a silo or a bunker.39 Open material storage piles may not be more than eight feet high if they are located within 300 feet of offsite occupied buildings or houses. As an alternative, a water irrigation system must maintain in a stabilized condition the entire surface of the storage piles.40 35 Personal communication from Sarai Rios, Air Quality Engineer I, Engineering and Permitting, South Coast Air Quality Management District to Erik Segura, Assistant Planner, UltraSystems Environmental Inc., July 21, 2023. 36 37 38 39 40 SCAQMD Rule 1157(d)(1)(A). SCAQMD Rule 1157(d)(5). SCAQMD Rule 1157(d)(4). SCAQMD Rule 1157(d)(6)(A). SCAQMD Rule 1157(d)(6)(C). 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 13 September 2023       Packet Pg. 560 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 4.2 Noiseꢀ The City of San Bernardino Municipal Code has only a few provisions covering construction noise, and none specifically related to concrete or rock crushing. Section 8.54.070 limits “any work of construction, erection, alteration, repair, addition, movement, demolition, or improvement to any building or structure” to the hours of 7:00 a.m. to 8:00 p.m. These limits, as well as other provisions of Chapter 8.54 (Noise Control) may be changed for construction of park and recreation facilities and public works projects,41 and for “construction, repair or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures.42 All internal combustion equipment, including construction equipment, is required to have a silencing muffler.43 4.3 Waterꢀ Air pollution control measures for rock crushing frequently include spraying materials with water as they pass through crushing equipment or are stored in piles before and after being processed. Overspray may result in the water coming into contact with the ground. In addition, rainfall may infiltrate into storage piles, leading to saturation and runoff to the ground; this results in entrainment and transport of solid particles and dissolved chemicals to surface waters or groundwater. Transport of fine concrete-derived materials is of special concern because these materials have high pH levels and could adversely affect both surface water and groundwater quality.44 The following is a summary of federal and state regulations designed to control water pollution. The following are summaries of federal and state water regulations that could affect use of onsite rock crushing equipment during construction. 4.3.1 FederalꢀRequirementsꢀ 4.3.1.1 NPDESꢀPermitꢀ Unless a property to be developed is adjacent to a water body or has one running through it, use of onsite rock crushing would not require federal permits under §§ 401 or 404 of the Clean Water Act (CWA). However, § 402 of the CWA requires that projects that disturb one or more acres of soil or disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, to obtain a National Pollutant Discharge Elimination System (NPDES) permit. In California, to which the USEPA has delegated partial authority for administering the NPDES, the developer must obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity: Construction General Permit Adopted Order 2009-0009-DWQ (as amended by 2010-0014-DWQ and 2012-0006-DWQ).45 Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does 41 42 43 44 San Bernardino Municipal Code § 8.54.060.H. San Bernardino Municipal Code § 8.54.060.I. San Bernardino Municipal Code § 8.51.020. U.S. Environmental Protection Agency, Office of Water, Stormwater Best Management Practice: Concrete Washout. EPA-833-F-11-006, February 2012. Accessed online at https://www3.epa.gov/npdes/pubs/concretewashout.pdf on July 29, 2023.ꢀ 45 https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.html. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 14 September 2023       Packet Pg. 561 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). To prevent water quality impacts (designated in Basin Plans) to waters of the U.S. and State, if a project site would disturb less than one acre, preparation of a project-specific SWPPP is still recommended to: Ensure that concrete piles are treated and contained as if they are concrete washout areas and other washout areas that may contain additional pollutants that could impact beneficial uses or exceed water quality parameters as described in Basin Plans, so there is no discharge into the underlying soil and onto the surrounding areas. They must implement “best management practices” (BMPs), including non-stormwater BMPs, described in the most recent California Stormwater Quality Association (CASQA) Best Management Practices Handbook46 or similar compilation.   Prevent fugitive dust from concrete grinding to mix with onsite soils or settle in drainages and be carried into receiving waters. Should this occur, such soils must be treated as contaminated soils and removed from the site prior to groundwork or other construction activities. Ensure that rock piles are treated as stockpiled materials as discussed in the most recent CASQA Best Management Practices Handbook. The State Water Resources Control Board (SWRCB) provides review and permitting services for onsite projects in the city of San Bernardino. 4.3.2 MS4ꢀPermitꢀ The National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporated Cities of San Bernardino County within the Santa Ana Region Area-Wide Urban Storm Water Runoff Management Program (Order No. R8-2010-0036, and NPDES No. CAS618036), to which the City and County of San Bernardino are signatories (Permittees), regulates the discharge of pollutants into waters of the U.S. by way of stormwater and urban runoff drainage systems, including flood control facilities (RWQCB, 2010). These conveyance systems are commonly referred to as municipal separate storm sewer systems (MS4s), or storm drains. In this context, the NPDES Permit is also referred to as an MS4 permit. Pursuant to the MS4 permit, Principal Permittees and Permittees must regulate discharges of pollutants in urban runoff from man-made sources into storm drains within their jurisdiction. The City and County of San Bernardino, as Permittees, may conduct construction site inspections for compliance with their ordinances (grading, Water Quality Management Plans, etc.) and local permits (construction, grading, etc.). The Permittees would develop a checklist for conducting site inspections. Inspections of construction sites would include, but not be limited to: 46 California Stormwater Quality Association. Construction Best Management Practices Handbook. December 2019. https://www.casqa.org/resources/bmp-handbooks/construction-bmp. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 15 September 2023       Packet Pg. 562 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Verification of coverage under the General Construction Permit (Notice of Intent [NOI] or Waste Discharge Identification Number) during the initial inspection, including visual observations for non-storm water discharges, potential illicit connections, and potential pollutant sources, and assessment of the effectiveness of BMPs implemented at the site and the need for any additional BMPs.   Determination of compliance with local ordinances, permits, Water Quality Management Plans and other requirements, including the implementation and maintenance of BMPs required under local requirements. A review of the Erosion and Sediment Control Plans (ESCP) to ensure that the BMPs implemented onsite are consistent with the appropriate phase of construction (Preliminary Stage, Mass Grading Stage, Streets and Utilities Stage, Vertical Construction Stage, and Post- Construction Stage). If stormwater generated on a project site would discharge to the City and County of San Bernardino storm drain system, the project would be required to comply with all relevant aspects of the MS4 permit. Compliance with the requirements of the Construction General Permit and requirements of the Basin Plan(s) would demonstrate compliance with the MS4 Permit. 4.3.3 CityꢀofꢀSanꢀBernardinoꢀRequirementsꢀ The City of San Bernardino has some Municipal Code sections devoted to water quality. §ꢀ 8.80.101ꢀ essentially recognizes that the City is subject to the requirements of its MS4 permit, as described above. §ꢀ8.80.103(34)(g) defines one type of pollutant as “substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor.” Thus concrete waste, with its high pH, would be defined as a pollutant. The City of San Bernardino City Engineer is responsible for the administration, implementation, and enforcement of the provisions of § 8.80, which applies to all dischargers, including commercial, industrial, and construction enterprises, to the City’s stormwater drainage system (§ 8.80.201 and § 8.80.202). It is prohibited to deposit,ꢀleave,ꢀmaintain,ꢀkeep,ꢀorꢀpermitꢀtoꢀbeꢀdeposited,ꢀplaced,ꢀleftꢀorꢀ maintained,ꢀ anyꢀ refuse,ꢀ garbage,ꢀ sedimentꢀ orꢀ otherꢀ discardedꢀ orꢀ abandonedꢀ objects,ꢀ articles,ꢀ andꢀ accumulations,ꢀinꢀorꢀuponꢀanyꢀstreet,ꢀalley,ꢀsidewalk,ꢀstormꢀdrain,ꢀinlet,ꢀcatchꢀbasin,ꢀconduitꢀorꢀotherꢀ drainageꢀstructures,ꢀbusinessꢀplace,ꢀorꢀuponꢀanyꢀpublicꢀorꢀprivateꢀlotꢀofꢀlandꢀinꢀtheꢀCity,ꢀsoꢀthatꢀtheꢀsameꢀ mayꢀbeꢀand/orꢀmayꢀbecomeꢀaꢀpollutant (§ 8.80.206[3]), including anyꢀotherꢀmaterialꢀthatꢀcausesꢀorꢀ contributesꢀtoꢀaꢀconditionꢀofꢀcontamination,ꢀnuisanceꢀorꢀpollutionꢀinꢀtheꢀCity'sꢀstormꢀdrainageꢀsystemꢀ orꢀcausesꢀaꢀviolationꢀofꢀanyꢀwasteꢀdisposalꢀregulations,ꢀwasteꢀdischargeꢀrequirements,ꢀwaterꢀqualityꢀ standardsꢀorꢀobjectivesꢀadoptedꢀbyꢀtheꢀStateꢀWaterꢀResourcesꢀControlꢀBoard,ꢀRegionalꢀWaterꢀQualityꢀ ControlꢀBoard (§ 8.80.206[n]). Prior to the issuance of any grading or building permit, all qualifying land development/ redevelopment projects, shall submit and have approved a Storm Water Quality Management Plan (SWQMP) to the City Engineer on a form provided by the City. The SWQMP shall identify all BMPs that will be incorporated into the project to control stormwater and non-stormwater pollutants during and after construction and shall be revised as necessary during the life of the project. The SWQMP submittal applies to construction projects covered by the NPDES General Construction Permit (§ 8.80.501). The SWQMP would be similar to the SWPPP in scope and nature. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 16 September 2023       Packet Pg. 563 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ The City Engineer may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the Basin Plan, by issuing an Administrative Order, enforceable in a court of law or by directly seeking court action. Administrative orders may include Compliance Orders, Stop Work Orders, and Cease and Desist Orders (§ 8.80.603). 4.4 CityꢀResolutionꢀonꢀTemporaryꢀUseꢀPermitsꢀ On October 21, 2020, the San Bernardino City Council adopted Resolution 2020-265 to provide clarification and guidance on the issuance of temporary use permits under Municipal Code § 19.70.020(2). According to the Resolution, § 19.70.020 permits a developer to use the site of an approved development project for storage of finished construction materials in the immediate runup to and during the construction of the project. 47 It was not intended to permit storage of construction materials at sites prior to the issuance of permits authorizing construction to begin (e.g., grading permits). The resolution gives the following guidance: A. Stock piles of building materials shall only be permitted in conjunction with the issuance by the City of a grading permit or a building permit. B. Stock piles of building materials shall consist only of finished materials ready for grading or construction. C. No temporary use permit may be issued to permit the crushing or grinding of unfinished raw materials such as rock or concrete at a residentially-zoned site or in any other zone within 1,000 feet of a residentially zoned property. D. If a temporary use permit is issued permitting the crushing or grinding of unfinished raw materials such as rock or concrete, City staff shall condition the temporary use permit in such manner to address the public health, safety and welfare. Such conditions shall, among other things address dust mitigation, noise mitigation, site security and compliance with all applicable air quality and water quality standards. To the best of our knowledge, this resolution is still in force. 5.0 5.1 REVIEWꢀOFꢀROCKꢀCRUSHINGꢀEQUIPMENTꢀ ElementsꢀofꢀaꢀRockꢀCrushingꢀSystemꢀ A fairly small number of equipment types are common to most onsite rock crushing processes. This section identifies and describes the major elements of portable systems; how they interact with each other is described in Sectionꢀ5.2. 5.1.1 PrimaryꢀCrushingꢀEquipmentꢀ Primary crushers are used in the initial stage of crushing operations to break down blasted material or natural rock to sizes that can be transferred to and processed in secondary crushers. Typical heavy-duty equipment used in primary crushing includes grizzlies, jaw crushers, gyratory crushers, 47 Underlining in the original text. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 17 September 2023       Packet Pg. 564 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ impact crushers, and cone crushers. The recommended minimum product for primary crushing is 6.5 inches and the maximum feed opening is 2.5 to 5 feet. 5.1.1.1 Grizzlyꢀ A grizzly is a device that separates feed material by size. It is usually comprised of parallel metal bars with air space between them, or a grid of metal bars. Its two main functions are (1) to prevent oversize rocks from plugging up a crusher and stopping the process; and (2) to allow small material that does not need crushing to bypass the crusher.48 5.1.1.2 JawꢀCrushersꢀ Jaw crushers are durable, blunt instruments typically used in the primary stage of rock crushing. Sometimes called “rock breakers,” jaw crushers use compressive force on large rock pieces to break them into smaller, elongated fragments acceptable for secondary crushing.49 They can handle different types of non-sticky aggregate material well and do not produce much fine dust. Like with most crushing equipment, the capacity of a jaw crusher varies depending on the size of the equipment and the material being crushed. Smaller portable jaw crushers have a capacity of about 20 to 30 tons per hour (tph)50 while larger ones can range from 200 to 1,300 tph.51 5.1.1.3 GyratoryꢀCrushersꢀ Gyratory crushers are typically used in the primary stage of rock crushing but they can also be used in the secondary stage. The concave surface of their conical heads is most often lined with manganese steel, and they crush aggregate to one-tenth of its original size using eccentric motion. Gyratory crushers work better with soft and dry materials. The capacity of a primary gyratory crusher can range from 420 to 3,000 tph and a secondary gyratory crusher can range from 200 to 1,500 tph depending on the size and power of the equipment.52 5.1.1.4 ConeꢀCrushersꢀ Cone crushers use compression to break down material similar to jaw and gyratory crushers, and they are common for both primary and secondary crushing.53 The components of a cone crusher include a manganese-lined, slightly angled concave bowl with a rotating mantle. Horizontal shaft impactors (HSIs) and vertical shaft impactors (VSIs) are two impact-style equipment types of cone- crushers. Cone crushers handle dry or wet, medium-hard to very hard material well, though not so 48 49 50 51 52 53 Elrus Aggregate Systems. Grizzly bars and feeders improve primary crushing efficiency. July 11, 2017. Accessed online at https://www.elrus.com/blog/grizzly-bars-and-feeders-improve-primary-crushing-efficiency on July 28, 2023. RM Group. Crusher Types used for Mobile Crushers. Accessed online at https://www.rubblemaster.com/us/blog/mobile-crusher-types on July29, 2023. Vykin. Small-Sized Jaw Crusher. Accessed online at https://vykin.com/product/crushers/concrete-crusher/ on July 29, 2023. TEREX MPS, Portable Jaw Crusher. Accessed online at https://www.terex.com/mps/en- gb/products/portable/portable-jaw-crusher on July 29, 2023. SaVRee, Gyratory Crushers Explained, 2023. Accessed online at https://savree.com/en/encyclopedia/gyratory- crusher on July 29, 2023. RM Group, Op. Cit. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 18 September 2023       Packet Pg. 565 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ much sticky material and have a capacity ranging from 230 to 700 tph.54 The cubical product from this has a 1:6 to 1:4 reduction ratio, meaning a 12-inch rock will come out as a 2- to 3-inch product. 5.1.1.5 ImpactꢀCrushersꢀ Impact crushers are very versatile and can handle different types of soft, medium, and hard materials including steel and asphalt. they are ideal for smaller-scale projects like in roadside or urban environments. They break the material by throwing it against an impact wall, or apron, using a spinning rotor with hammers.55 In general, mobile impact crushers have a capacity of 100 to 500 tph and produce a varying size range of cubical aggregate particles. 5.1.2 SecondaryꢀCrushingꢀEquipmentꢀ Secondary crushing is performed after primary crushing and further reduces aggregate material into smaller particles ready for tertiary or quaternary crushing stages. Equipment used in secondary crushing includes roller crushers, hammer mills, and vertical shaft impactors. The recommended product range for secondary crushing is 0.75 to 4 inches and the maximum feed opening is 25 inches. 5.1.2.1 RollꢀCrushersꢀ Roll crushers can be used for secondary and tertiary crushing stages. They have two rollers working in opposite directions, shearing and compressing the material that is fed into the gap between the rollers. They can handle wet and sticky material at high capacities with low horsepower.56 5.1.2.2 HammerꢀMillsꢀ Hammer mills, which can be used for secondary and tertiary crushing stages, have hammers rotating at high speeds to pulverize material. They can produce particles finer than 3/16 inch (4 millimeters) from a wide range of materials such as bauxite, limestone, and gypsum.57 5.1.2.3 VerticalꢀShaftꢀImpactorsꢀ Vertical shaft impactors can be used for secondary and tertiary crushing stages. They have spinning hammers generating centrifugal force to further break up material. They are application-specific since they cannot handle abrasive material well and have high maintenance and operating costs. 5.1.3 TertiaryꢀandꢀQuaternaryꢀCrushersꢀ Tertiary and quaternary crushing stages, or the third and fourth stages, follow primary and secondary crushing for fine sizing of particles. Most secondary crushing equipment can be used in this step, though cone crushers are the most common. A type of equipment that is used at this stage, but not in the primary stage, is the autogenous mill. This device is similar to a ball mill, in which hard spheres are made to move among the piece of rock and break them; the difference is that the rocks 54 Powerscreen, Cone Crushers. Accessed online at https://www.powerscreen.com/en/equipment/crushing/cone- crushers on July 29, 2023. 55 56 RM Group, Op. Cit. McLanahan Corporation, Roll Crushers. Accessed online at https://www.mclanahan.com/products/roll-crushers on July 29, 2023. 57 McClanahan Corporation, Hammermill Crushers. Accessed online at https://www.mclanahan.com/products/hammermill-crushers on July 29, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 19 September 2023       Packet Pg. 566 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ themselves act as the impactors.58 The recommended finished product for a tertiary cone crusher is 0.37 to 1 inch and the maximum feed opening is 10 inches.59 5.2 RockꢀCrushingꢀProcessꢀ The general process of crushing rock is as follows, although, depending on the project, steps may be added or omitted. Material is dropped in a bin and from there an automatic feeder transports material to a grizzly which brings it to the primary crusher. The undersize material left in the grizzly is combined with the product from the primary crusher and is transported via conveyor belt to an intermediate bin. An automatic feeder then transports the material to an elevated belt which is dumped onto a vibrating screen. The sifted material bypasses the next step which is a grinding section that leads to a secondary crusher. The sifted material rejoins the secondary crusher product and heads to a fine material bin. 5.3 PowerꢀSourcesꢀ The three main options for power sources for portable rock crushing equipment are diesel engines, electric generators and line power. Under the first option, diesel engines incorporated integrally into the crushing equipment provide mechanical power. A major disadvantage is that they are subject to vibration and exposed to dust that can clog air filters. Under the second option, an electrical generator set (genset) burning diesel fuel is located away from the equipment, reducing vibration and dust issues. It provides power to electric motors that drive the crusher and to other electrical equipment such as lighting. The third alternative is to connect the crushing plant to the electric power grid. This is generally the least expensive alternative for operation. However, installing the utility hookups may be time- consuming and expensive, and offsite issues may interrupt line service. 5.4 RecentꢀDevelopmentsꢀinꢀRockꢀCrushingꢀTechnologyꢀ Rock crushers are designed to crush large rocks, concrete fragments and other large demolition debris elements into smaller rocks, gravel or rock dust. Mobile rock crushers are becoming increasingly popular in the construction and mining industries due to their mobility, efficiency and versatility. 60,61,62 58 59 911 Metallurgist, Autogenous Grinding. Accessed online at https://www.911metallurgist.com/blog/ag-autogenous- grinding on July 29, 2023. McClanahan Corporation, Downstream Crushing Options for Secondary, Tertiary and Quaternary Crushing. Accessed online at https://www.mclanahan.com/blog/downstream-crushing-options-for-secondary-tertiary-and-quaternary- crushing on July 29, 2023. 60 61 Harding, J. Trends in the crusher market and operational challenges. Accessed online at https://www.at- minerals.com/en/artikel/at_Trends_in_the_crusher_market_and_operational_challenges-3672765.html on July 29, 2023. Sonali, S. Mobile Crushers and Screeners Market by Product Type (Mobile Crushers and Mobile Screeners), Solutions (Products and Aftermarket), and End User (Construction, Stone Quarry, Mining, Material Recycling, and Others): Global Opportunity Analysis and Industry Forecast,2021-2030.2022.Accessed online at https://www.alliedmarketresearch.com/mobile-crushers-and-screeners-market on July 29, 2023. 62 Agico Cement, The Advantages of Using Mobile Rock Crushers in the Modern Construction Industry. February 28, 2023. Accessed online at https://crushing-machine.com/crushing-equipment/the-advantages-of-using-mobile-rock- crushers-in-the-modern-construction-industry/ on July 29, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 20 September 2023       Packet Pg. 567 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Mobile rock crushers consist of several components, including a primary crushing unit (usually a jaw crusher, which crush large rocks into smaller rocks or gravel), a secondary crushing unit usually a cone crusher, to crush hard and abrasive materials, such as granite, basalt and quartz), a vibrating screen, and a belt conveyor. Other types of mobile rock crushers include impact crushers and vertical shaft impact crushers. Mobile rock crushers often have such environmentally-friendly features as dust suppression systems, which minimize the air quality impacts of crushing operations. Safety features such as remote-control units, emergency shut-off switches and safety guards are also important. Mobile crushers are more expensive than stationary crushers (such as used in quarries), and only last about half the lifetime. The global mobile crusher and screener was valued at $2,467.5 million in 2020 and is projected to reach $4,354.9 million by 2030, growing at a compound annual growth rate of 5.7 percent from 2020 to 2030. Key players in the industry include Metso Corp., Terex Corporation, Sandvik AB, Komatsu Mining Corporation and McCloskey International Ltd. Chinese-built crushers account for nearly 60 percent of the market. 5.5 AirꢀEmissionsꢀandꢀControlsꢀ The most widely-used source of information on air pollutant emissions from rock crushing is the U.S. Environmental Protection Agency’s CompilationꢀofꢀAirꢀPollutantꢀEmissionsꢀFactorsꢀ(AP‐42).63 Since its original publication in 1972, AP-42 has been revised and expanded numerous times and is now available primarily online. Information relevant to rock and concrete crushing is in AP-42 Volume I, Chapter 11, Mineral Products Industry, § 11.19.2, Crushed Stone Processing and Pulverized Mineral Processing.64 As discussed in Sectionꢀ4.1.1, the main rock crushing air pollutants of concern in the SCAB are PM10 and PM2.5. A substantial portion of the total emissions consists of large, heavy particles that settle out onsite and are not directly emitted to the atmosphere. Other factors affecting emissions are the surface moisture content of the stone processed (the wetter the stone, the lower the emissions), the process throughput rate, the type of equipment and operating practices, and climatic factors. The main methods of controlling particulate emissions from rock crushing are (1) water spraying at various points in the processing and (2) enclosing equipment and directing emissions to a baghouse. In a baghouse, exhaust emissions are directed to a large number of fabric bags. In some designs, the dirty air passes through the bag, which trap the pollutants inside. In other designs, the dust is trapped on the outside of the bag. The trapped matter is periodically removed from the bags by reverse air flow or shaking and then collected in a hopper.65 AP-42 reports PM10 control efficiencies ranging from 77.7 percent for tertiary crushing to 95.9 percent for conveyor transfer points. However, the SCAQMD has developed other control efficiency estimates that are based upon the requirements in Rule 1157 (seeꢀ Sectionꢀ 4.1.3.4) and local meteorological factors.66 The San Diego County Air Pollution Control District has also developed 63 AP-42: Compilation of Air Emissions Factors. U.S. Environmental Protection Agency. May 11, 2023. Accessed online at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors on July 29, 2023. 64 65 Last accessed online at https://www.epa.gov/sites/default/files/2020-10/documents/c11s1902.pdf on July 29, 2023. Industrial Accessories Company, Baghouse Dust Collectors. Accessed online at https://iac-intl.com/baghouse/ on July 29, 2023. 66 South Coast Air Quality Management District. Particulate Matter (PM) Emission Factors for Processes/Equipment at Asphalt, Cement, Concrete and Aggregate Product Plants. December 2021. Accessed online at 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 21 September 2023       Packet Pg. 568 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ emission factors that could be useful.67 Tableꢀ5.4‐1 shows uncontrolled and controlled emission factors for selected equipment. ꢀꢀ Tableꢀ5.4‐1ꢀ PMꢀEMISSIONꢀFACTORSꢀFORꢀROCKꢀCRUSHINGꢀOPERATIONS EmissionꢀꢀFactorb (lb/ton)ꢀEquipmentꢀorꢀProcessꢀPM10 PM2.5ꢀ Uncontrolled Controlled Uncontrolled Controlled Primary Crushinga Secondary Crushing Tertiary Crushing Screening 0.0007 0.0062 0.0024 0.01 0.000035 0.0014 0.00053 0.00088 No data 0.000021 0.00036 0.00058 No data 0.000021 .000008 0.000051 aData from San Diego APCD. bPM10 and PM2.5 fractions of total PM obtained from AP-42. For project-specific emissions analyses, additional research and judgment are needed in selecting emission factors. However, to put these values into perspective, for a fairly large rock crushing operation of 1,000 tons per day, the total uncontrolled PM10 and PM2.5 emissions in the categories shown in Tableꢀ5.4‐1ꢀwould be 19 and 1 pounds per day, respectively. Controlled emissions would be 1.6 and 0.15 pounds per day, respectively. These values are far below the SCAQMD’s thresholds for significance under the California Environmental Quality Act (CEQA) of 150 and 55 pounds per day of PM and PM , respectively.10 2.5 Portable crushing equipment that uses diesel engines or diesel generators has emissions of “criteria pollutants”68 carbon monoxide (CO), nitrogen oxides (NO ), sulfur oxides (SO ), as well as PM andxx10 PM2.5. Diesel particulate matter (DPM) is of special concern because it is a carcinogen. In addition, diesel fuel combustion results in emissions of the greenhouse gases (GHG) carbon dioxide (CO2), methane (CH ) and nitrous oxide (N O). Equipment that uses line power generally has lower criteria42 pollutant and GHG emissions because electric utilities obtain at least some of their energy from sources other than fossil fuel, such as solar, nuclear and hydroelectric generation. 5.6 NoiseꢀEmissionsꢀandꢀControlsꢀ For a previous project, UltraSystems reviewed the results of five sets of field measurements of noise from rock crushing operations. These are summarized in Tableꢀ5.5‐1. Because the distance between the noise source and the sound level meter varied from study to study, the measurement data have been normalized to a distance of 50 feet, assuming a “soft” surface along the transmission pathway. The mean and 95th percentile values for this data set were 87.4 and 88.9 dBA, respectively. These values are comparable to those of onsite construction equipment such as graders and excavators. https://www.aqmd.gov/docs/default-source/planning/annual-emission-reporting/pm-emission-factors-for- processes-and-equipment-at-asphalt-cement-concrete-and-aggregate-product-plants-revised.pdf?sfvrsn=8 on July 28, 2023. 67 68 San Diego County Air Pollution Control District. Calculation Procedures, Mineral Products Industry Aggregate Crusher, 1999. Accessed online at https://www.sdapcd.org/content/sdapcd/permits/toxics-emissions/calculation- procedures.html on July 28, 2023. Criteria pollutants are those for which the U.S. Environmental Protection Agency and/or the California Air Resources Board have set ambient air quality standards to protect human health. See Sectionꢀ4.1.1. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 22 September 2023       Packet Pg. 569 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Whether noise controls are needed will depend mainly on the distance of sensitive noise receivers to the rock crushing area. Tableꢀ5.5‐1ꢀ ROCKꢀCRUSHERꢀNOISEꢀMEASUREMENTꢀDATAꢀ Distanceꢀ Fromꢀ Sourceꢀ (Feet)ꢀ 100 Calculatedꢀ NoiseꢀLevelꢀ Atꢀ50ꢀFeetꢀ (dBAꢀLeq)ꢀ 86.5 Measuredꢀ NoiseꢀLevelꢀ (dBAꢀLeq)ꢀ TypeꢀofꢀEquipmentꢀ 79 70Portable Crusher and Conveyor69 330 90.5 500 59 84.0 250 500 160 250 73 56 73 69 90.5 81.0 85.6 86.5 Permanent Heavy Rock Crusher70 Portable Crusher and Conveyor71 Portable Crusher and Conveyor72 Large Portable Unit73 Jaw Crusher74 835 20 50 120 60 90.6 84.3 86.5 86.8 94.2 86.5 77.3 78Concrete Crusher75 100 85.5 6.0 OTHERꢀJURISDICTIONSꢀ UltraSystems searched for other jurisdictions in California and elsewhere that had regulations or policies that applied to rock crushing. The following were found: 6.1 CityꢀofꢀRiverbank,ꢀCaliforniaꢀ Although this city is in the San Joaquin Valley, we included it because it has some of the most comprehensive regulations for onsite rock crushing.76 It might be suitable as a template (with modifications for the City of San Bernardino’s circumstances) for a municipal code section. The regulation is provided in Attachmentꢀ2. Its major features include: 69 Environmentalꢀ Noiseꢀ Analysisꢀ forꢀ Proposedꢀ Rockꢀ Crusherꢀ atꢀ Meadowlarkꢀ Estates,ꢀ TSMꢀ 387,ꢀ Sanꢀ Marcos,ꢀ California. Prepared by Douglas K. Eilar for Meadowlark Ventures, Placentia, California, Job #95032 (March 29, 1995). Ibid.70 71 72 Ibid. StockpileꢀRockꢀProcessingꢀPlant,ꢀCUPꢀ86‐91. Prepared by General Acoustics for Chilcote, Inc., Report #6805.ENG (August 1986); cited in EnvironmentalꢀNoiseꢀAnalysisꢀforꢀProposedꢀRockꢀCrusherꢀatꢀMeadowlarkꢀEstates,ꢀTSMꢀ387,ꢀSanꢀMarcos,ꢀ California. 73 Tavares, R. “Acoustical Compliance Statement of Findings, TM 432 Rock Crusher – San Marcos CA.” Letter report from Investigative Science and Engineering, Inc., San Diego, California, to Paul Kim, Forecast Homes, Temecula, California (October 1, 2003). 74 75 76 Eilar, D. “Noise Measurements and Evaluation for Rock Crusher, Mendenhall Tract, San Marcos CUP 03-593.” Letter report from Eilar Associates, Encinitas, California, to Hall Land Company, San Diego, California (June 5, 2003). Eilar, D. “Noise Measurement for Concrete Recycling Crushing Plant.” Letter report from Eilar Associates, Encinitas, California, to Cannon/Noe Crushing, Santee, California (September 26, 2002). City of Riverbank, California. Code of Ordinances, Title XV: Land Usage, Chapter 155: Grading, §155.08. Accessed at https://codelibrary.amlegal.com/codes/riverbank/latest/riverbank_ca/0-0-0-32223 on August 27, 2023. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 23 September 2023       Packet Pg. 570 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ   The rock crushing equipment has a permit from the local air pollution control district. (This may not be necessary in the SCAQMD; see Sectionꢀ4.1.2.) The crushing equipment is capable of providing material meeting "three quarter (3/4) inch minus" specifications.77   No offsite materials are brought onsite for crushing. Rock crushing equipment is removed from the site within 15 days of completing the crushing activity.    Excavated crushed material not used for onsite construction or landscaping is removed to a city approved location within 15 days of completing the crushing activity. The rock crushing equipment is set up as far away as practicable from any property line or existing residence but in no case shall the setback be less than 150 feet. The duration of the temporary rock crushing activity is for no more than 60 consecutive days from the issuance of the permit, unless the applicant obtains an extension of time pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance. Rock crushing occurs Monday through Friday, between 8:00 a.m. and 5:00 p.m., and not on legal holidays.   Water is available to provide dust control. An application for a temporary permit for onsite rock crushing shall contain the following. 1) A detailed explanation of the proposed construction and rock crushing activities, including: (a) An approved grading/clearing plan; (b) An estimate of the amount material to be processed; (c) The amount of material to be used on site and the amount to be removed if any; and (d) The duration and operating characteristics of the rock crushing activity. 2) An explanation of how the proposal will reduce truck trips or otherwise benefit the community. 3) A map drawn to scale showing: (a) The location of property boundaries; 77 This is rock that is less than or equal to 0.75 inch in approximate diameter; it is a common size for gravel used in construction, paving etc. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 24 September 2023       Packet Pg. 571 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ (b) The truck travel route for vehicles accessing the site and rock material being removed from site; (c) The location site for material being removed; (d) Setbacks to the rock crushing activity; and (e) Any topographic features in the immediate vicinity of the proposed rock crusher. 4) Any additional information, which will assist in the evaluation of the proposed rock crushing. Any permit for temporary permit for rock crushing granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated. 6.2 CityꢀofꢀJurupaꢀValley,ꢀCaliforniaꢀ In a recent development agreement ordinance,78 the City of Jurupa Valley required the Pedley Crossing shopping center project, which included onsite rock crushing during construction, to install baghouses on equipment used for rock or concrete crushing to limit particulate matter emissions. Additional measures considered to limit PM10 and PM2.5 emissions include water spraying during loading and unloading of earthen materials, covering and watering hauled and transported dirt, sand, gravel or soil, and maintaining at least six inches of freeboard in accordance with § 23114 of the California Vehicle Code. All vehicles on the construction site must travel at speeds less than 15 miles per hour and all material stockpiles subject to wind erosion during construction activities, and which will not be utilized within three days, must be stabilized with extra water, chemical stabilizers or temporary covers. The agreement required an extensive set of mitigation measures for noise from rock crushing in cases where a line of sight exists between the crushing equipment and residential areas within 900 feet. To limit noise impacts from crushing, a net 20-foot-high break either by a depression of the processing plant or a berm made of material spoils will be created on the site. Noise blanket panels with a Sound Transmission Class (STC) rating of 25 or greater will be mounted on vertical steel supports to provide a 20-foot-high surface. Natural topography which breaks the line of sight will be considered to meet the purposes of this mitigation measure. Should the City of Jurupa Valley determine that a direct line of sight between the crusher and residential structures within 900 feet of the crusher continues to exist with placement of the berms and/or sound blankets, the City may mandate taller features such that the line of sight is blocked. If noise levels produced by haul trucks are found to create a significant impact by increasing noise levels by 5 dB or more at any residential dwelling, then the project applicant must either limit the number of trucks per hour hauling material from the site or relocate the haul route onsite to reduce noise levels. For impacts related to unidentified prehistoric archaeological resources within the Traditional Use Area, the Tribal Monitor will be allowed onsite at times when the Project Archaeologist is conducting 78 City of Jurupa Valley, Staff Report, An Amendment (Da1402a1) to Extend the term for “Development Agreement Pedley Road And 60 Freeway.” https://www.jurupavalley.org/AgendaCenter/ViewFile/Item/1128?fileID=776 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 25 September 2023       Packet Pg. 572 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ archaeological monitoring during initial ground disturbing activities and excavation of each portion of the project site. 6.3 CityꢀofꢀEscondidoꢀ The City of Escondido (San Diego County) Municipal Code § 17-238 states that it is unlawful to do any authorized grading, defined as compacting, drilling, rock crushing or splitting, bulldozing, clearing, dredging, digging, filling and blasting, at any construction site, except on Mondays through Fridays during a week between the hours of 7 a.m. and 6 p.m. and, provided a variance has been obtained in advance from the city manager, on Saturdays from 10 a.m. to 5 p.m. It also states that any equipment used for grading shall not be operated so as to cause noise in excess of a one-hour sound level limit of 75 dB at any time when measured at or within the property lines of any property which is developed and used in whole or in part for residential purposes, unless a variance has been obtained in advance from the city manager. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 26 September 2023       Packet Pg. 573 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 7.0 7.1 ALTERNATIVESꢀFORꢀMANAGINGꢀCONCRETEꢀDEBRISꢀANDꢀROCKꢀ AvailabilityꢀofꢀAlternativesꢀinꢀandꢀAroundꢀSanꢀBernardinoꢀCountyꢀ At the City’s request, UltraSystems gathered information on the availability of alternative means of managing potentially recyclable demolition debris from construction sites. Our goal was not to perform a comprehensive evaluation of these alternatives, but rather to identify them for future consideration.79 The following things can be, and are, done to handle concrete demolition debris and solid rock materials that are present on a construction site:   Haul the material to a landfill for permanent disposal. Haul the material to an offsite facility (landfill, quarry, recycler etc.) for crushing and sale of product to that facility’s customers. Haul the material to an offsite crusher, have it crushed, and return the product to the construction site for use in construction.   Crush the material onsite and use it in construction. Crush the material onsite and sell it to a building materials vendor. The following information was obtained through online searches and correspondence and conversations with material industry representatives. Several companies within or very near the city of San Bernardino offer services for the recycling or disposal of concrete and asphalt. Tableꢀ7.1‐1ꢀidentifies 12 firms that can provide concrete debris and/or rock management services. Tableꢀ7.1‐2 summaries services provided and one-way driving distance from the center of San Bernardino.80 A Construction Waste Management Plan (CWMP) must be submitted to the City before starting a project. This will estimate how much debris will be generated and specify how it will be managed. A proper CWMP will depend on the lot location and size, the amount and makeup of the debris, the budget, and the time constrictions of a project. For example, with extra time, concrete can be cleaned and separated from steel or brick so it can be recycled and diverted from landfills. Once the project has concluded, the City requires copies of waste hauler invoices; receipts from recycling facilities or landfills; or a reuse certification. Considering CALGreen’s 2019 construction waste management requirement to divert at least 65 percent of nonhazardous waste from landfills, it would be efficient to reuse the concrete material back onsite or on nearby projects. The City may also sell it to the public directly from the project site, but this depends on how quickly the material needs to be cleared from the lot. Sending the concrete to recycling facilities where it can be recycled into aggregate or new concrete products is another way to divert it from landfills. We spoke with five recycling companies that accept self-hauling of concrete located between 4.7 and 27.1 miles from the center of San Bernardino. Recycling facilities do not usually need a waste profile of the debris due to their preference for material that does not contain any known organic matter, hazardous chemicals, asbestos, and rebar. Philadelphia Recycling Mine and Agua Mansa Transfer Station/MRF will accept “dirty” materials but for a higher dumping price. North American Recycling & Crushing, LLC and C & B Crushing, Inc. will crush material onsite as needed using 79 80 The mention of particular facilities or services does not imply endorsement or recommendation by UltraSystems. Driving distance measured from 495 North D Street, San Bernardino, CA 92401. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 27 September 2023       Packet Pg. 574 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Tableꢀ7.1‐1ꢀ CONCRETEꢀANDꢀROCKꢀMANAGEMENTꢀSERVICESꢀINꢀANDꢀNEARꢀSANꢀBERNARDINOꢀ NameꢀTelephoneꢀandꢀLocation (909) 887-3960 967 Knoll Street Descriptionꢀ Transportation services onlyDave Henry Trucking San Bernardino, CA 92407 (909) 804-4222 Transportation services onlyEast Valley Recycling & Transfer Waste Management Service 144 South G Street San Bernardino, CA 92410 (800) 722-8004 Landfill disposal for large projects Mid-Valley Sanitary Landfill Heaps Peak Disposal Site 2390 Alder Avenue Rialto, CA 92377 (800) 722-8004 29898 CA-18 Running Springs, CA 92382 Only for small amounts of concrete Public dump site, clean inert is transported to a recycling facility, non-recyclables sent to landfills (951) 786-0544 1830 Agua Mansa Road Riverside, CA 92509 Agua Mansa Transfer Station/MRF (909) 386-8701 10130 Buckwheat Road Phelan, CA 92371 Debris must be no bigger than 4 feet. Will accept all debris. Better for small to medium size projects. Accepts concrete and asphalt, If there is steel in the concrete it has to be trimmed within 2 inches. Can do onsite crushing Phelan (Sheep Creek) Transfer Station (714) 240-7054 1120 South La Cadena Drive Colton, CA 92324 North American Recycling and Crushing, LLC (951) 685-8343 12000 Philadelphia Avenue Mira Loma, CA 91752 Accepts concrete, No limit, can include rebar, no waste profile needed Philadelphia Recycling Mine C & B Crushing Inc Materials accepted:asphalt, (909) 446-0100 13552 Calimesa Boulevard Yucaipa, CA 92399 concrete, concrete block, concrete roof tile, can do onsite crushing producing 1,500 to 3,500 tons per day (800) 722-8004 Accepts concrete with rebar 31 Refuse Road, 2 miles south of Barton, off San Timoteo Canyon Road, Redlands, CA 92373 (909) 820-3600 250 East Santa Ana Avenue Rialto, CA 92316 San Timoteo Sanitary Landfill Ramco Accepts clean broken concrete and asphalt only with a maximum size of 30 inches, no limit (626) 733-5979 Corona Asphalt Accept clean concrete and asphalt, will hire North American 1709 Sherborn Street Corona, CA 92879 Recycling and Crushing, LLC to crush to a contractor’s requested size.Vulcan Materials Company (951) 316-4069 San Bernardino Asphalt 2400 W Highland Avenue San Bernardino, CA 92407 Corona site will take large riprap. aManaged by County of San Bernardino Department of Public Works. 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 28 September 2023       Packet Pg. 575 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Tableꢀ7.1‐2ꢀ CONCRETEꢀANDꢀROCKꢀMANAGEMENTꢀSERVICESꢀINꢀANDꢀNEARꢀSANꢀBERNARDINOꢀ Mid-Valley Sanitary Landfill Heaps Peak Disposal Site • • • • 10.2 27.8 12.5 31.8 10.8 6.5 15 38 22 37 21 12 29 24 19 11 43 17 10 San Timoteo Sanitary Landfill Phelan Transfer Station Agua Mansa Transfer Station/MRF North American Recycling and Crushing, LLC Philadelphia Recycling Mine C & B Crushing Inc • • • • • • • • • • • • • • • • 20.7 19.5 9.3Ramco, Rialto Vulcan Materials Company (Rialto) Vulcan Materials Company (Corona) Dave Henry Trucking 4.7 27.1 12.4 3.7 • •East Valley Recycling & Transfer *Inert = clean material free of plants, garbage, paper, glass, wood, metal portable crushing plants and can produce between 500 and 3,500 tons per day. The final products are Caltrans Section 26 Class 2 aggregate base and Public Works Section 200 Crushed Miscellaneous Base materials. There are usually no daily limits for incoming materials at either recycling facilities or landfills, however, they prefer to be notified of large drop-offs so they can plan accordingly. Some facilities have size limits for the debris so it is best to call them beforehand when self-hauling large riprap. For example, Ramco has a maximum size of 30 inches and Phelan transfer station has a maximum size of four feet; meanwhile, Vulcan Materials Company in Corona does not have a size limit and will accept very large pieces of rock. If recycling is not an option due to contaminated debris, most landfills will accept construction material. If the debris could be hazardous the landfill must be informed to determine if a waste profile is required so it is disposed of properly. Landfills like Mid-Valley Landfill Garbage dump, Heaps Peak Disposal Site, San Timoteo Sanitary Landfill, and Phelan Transfer Station may be more convenient options for dropping off concrete with mixed material such as rebar, brick, and dirt. Recycling and landfill facilities can be contacted to answer any questions about materials they do or do not accept. If concrete needs to be moved around there are companies like Dave Henry Trucking and East Valley 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 29 September 2023       Packet Pg. 576 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ Recycling & Transfer that pick up or transport construction debris and must adhere to local air quality regulations, such as SCAQMD Rule 403, which requires mitigation of fugitive dust (see Sectionꢀ4.1.3.3). 7.2 ComparativeꢀAirꢀPollutantꢀEmissionsꢀ To put the information presented so far into perspective, we analyzed the following scenarios for a situation in which 10,000 tons of rock or concrete debris are already on a project site: A. Loading the debris into dump trucks and hauling it to a landfill. B. Hauling the debris to an offsite crushing facility, crushing it and returning product to the construction site. C. Crushing the rock or concrete onsite with a portable crushing system. The objective of this analysis was to compare criteria and air pollutant and greenhouse gas (GHG) emissions for the three scenarios. 7.2.1 Assumptionsꢀ A detailed list of assumption data references, along with calculations, are in Attachmentꢀ3. Tableꢀ 7.2‐1ꢀshows the major assumptions, some of which are common to all scenarios. The power rating of the electric generator is equivalent to 750 kW, which has been reported as the size generator for a portable rock crushing plant.81 Tableꢀ7.2‐1ꢀ ASSUMPTIONSꢀUSEDꢀINꢀSCENARIOꢀANALYSISꢀ ParameterꢀAssumptionꢀ 10,000 tons 200 tons/hour Rock to be crushed or transported Maximum onsite crushing process rate Maximum offsite crushing process rate Working hours per day Crushing phases included Power source Maximum power of generator Other onsite equipment Truck load capacity 400 tons/hour 8 hours Primary, secondary, tertiary, screening Diesel-fueled electric generator 1,006 brake-horsepower 224-bhp front loader 15 cubic yards Distance to landfill 16 miless Distance to offsite crushing facility 17 milesb aAverage for four local landfills. bAverage for five local crushing facilities. 81 Rock Crushing Plant Generator Modifications, Generator Source, February 2018.Accessed at https://www.generatorsource.com/blog/February-2018/Rock-Crushing-Plant-Generator-Modifications.aspx September 9, 2023. on 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 30 September 2023       Packet Pg. 577 ꢀINDEPENDENTꢀANALYSISꢀOFꢀCRUSHINGꢀOPERATIONSꢀꢀ 7.2.2 Resultsꢀ Tableꢀ 7.2‐2 and Tableꢀ 7.2‐3 show the uncontrolled and controlled criteria pollutant emission estimates, respectively, for each scenario. Scenario A, not unexpectedly, has the lowest emissions. The highest, emissions are for the Scenario B, which assumes trucking of demolition debris offsite for crushing and then returned trucking with usable product. Note that in both Scenario B and Scenario C, uncontrolled NO emissions would exceed the SCAQMD’s CEQA threshold for NO , for operations,x x which is 55 pounds per day. As seen in Tableꢀ7.2‐3, use of Tier 4 Final-compliant generators and loaders would bring the NO emissions below that threshold. In Scenario B, the NO emissions arexx just under the limit. Tableꢀ 7.2‐4 shows estimated GHG emissions for the three scenarios. The controls that reduce the criteria pollutant emissions were assumed not to affect GHG emissions. The reported values are for all activities defined for each scenario, from a discrete starting point to a discrete ending point. Tableꢀ7.2‐2ꢀ UNCONTROLLEDꢀCRITERIAꢀPOLLUTANTꢀEMISSIONSꢀFORꢀEACHꢀSCENARIOꢀ Emissionsꢀ(lb/day)ScenarioꢀROGꢀ 0.77 6.32 4.11 CO 5.73 38.96 22.83 NOx SOx 0.05 0.23 0.11 PM10ꢀ 0.59 PM2.5 0.32A B C 11.17 89.78 60.54 60.59 30.21 38.07 19.22 ꢀ Tableꢀ7.2‐3ꢀ CONTROLLEDꢀCRITERIAꢀPOLLUTANTꢀEMISSIONSꢀFORꢀEACHꢀSCENARIOꢀ Emissionsꢀ(lb/day)ScenarioꢀROGꢀ 0.12 1.35 1.08 CO 9.88 83.41 54.82 NOx 5.92 SOx 0.05 0.23 0.11 PM10ꢀ 0.28 5.65 2.66 PM2.5 0.14 5.24 2.61 A B C 54.26 40.77 ꢀ Tableꢀ7.2‐4ꢀ GREENHOUSEꢀGASꢀEMISSIONSꢀFORꢀEACHꢀSCENARIOꢀ MetricꢀTonsꢀ CO2eꢀScenarioꢀ Descriptionꢀ Aꢀ Bꢀ C Landfill Disposal 10.0 Transport to offsite crushing facility for crushing; return crushed material to project site 37.1 29.5Onsite crushing and reuse 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department Page 31 September 2023       Packet Pg. 578 ꢀATTACHMENTSꢀ ATTACHMENTS ꢀ 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department September 2023       Packet Pg. 579 ꢀATTACHMENTSꢀ ATTACHMENTꢀ1ꢀ PHOTOGRAPHSꢀOFꢀONTARIOꢀGREATꢀPARKꢀSITE ꢀ ꢀꢀ 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department September 2023       Packet Pg. 580 ꢀATTACHMENTSꢀ ꢀ 7226/ Independent Analysis of Crushing Operations City of San Bernardino Public Works Department September 2023       Packet Pg. 581 ꢀATTACHMENTSꢀ ATTACHMENTꢀ2 OTHERꢀJURISDICTIONS’ꢀPERTINENTꢀREGULATIONS 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 582 ꢀATTACHMENTSꢀ Riverbank,ꢀCA § 155.07 BLASTING. (A) This section in no way replaces or negates the requirements pertaining to explosives as adopted by the State of California or any other statute in effect within Stanislaus County. (B) All persons conducting blasting activities shall comply with all federal, state and local regulations applicable to blasting activities. Such person shall have and provide upon request, evidence of all necessary federal, state and local licensing required to conduct blasting activities. (C) Notification. Notice of all blasting shall be provided to the City Engineer. Prior to blasting, the person responsible for the blast shall inform all building occupants within 100 feet of the blast site. (1) The City Engineer may require additional notification for sensitive areas such as medical districts, hospitals, schools, etc.; and (2) Signs shall be placed at street intersections adjacent to the blasting site on the day of the blasting or earlier if feasible. Signs shall state approximate blasting times and whom to contact. (Ord. 2004-006, passed 8-23-04) § 155.08 TEMPORARY ROCK CRUSHING. (A) Temporaryꢀpermittedꢀrockꢀcrushing. Temporary on-site rock crushing for on-site construction and maintenance is permitted outright in any zone if the following standards are met: (1) The subject property has received site plan, tentative plat or final plat approval for the construction or maintenance activity or is an approved public facility project; (2) Rock crushing equipment has a San Joaquin Unified Air Pollution Control District air contaminant discharge permit; (3) The crushing equipment is capable of providing material meeting "three-quarter (3/4) inch minus" specifications; (4) No off-site materials are brought on-site for crushing; (5) Rock crushing equipment is removed from the site within 15 days of completing the crushing activity; (6) Excavated crushed material not used for on-site construction or landscaping is removed to a city-approved location within 15 days of completing the crushing activity; (7) The rock crushing equipment is set up as far away as practicable from any property line or existing residence but in no case shall the setback be less than 150 feet; (8) The duration of the temporary rock crushing activity is for no more than 60 consecutive days from the issuance of the permit, unless the applicant obtains an extension of time pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance; (9) Rock crushing occurs Monday through Friday, between 8:00 a.m. and 5:00 p.m., and not on legal holidays; and 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 583 ꢀATTACHMENTSꢀ (10) Water is available to provide dust control. (B) Application requirements. An application for a temporary permit for on-site rock crushing shall contain the following. (1) A detailed explanation of the proposed construction and rock-crushing activities, including: (a) An approved grading/clearing plan; (b) An estimate of the amount material to be processed; (c) The amount of material to be used on site and the amount to be removed if any; and (d) The duration and operating characteristics of the rock crushing activity. (2) An explanation of how the proposal will reduce truck trips or otherwise benefit the community. (3) A map drawn to scale showing: (a) The location of property boundaries; (b) The truck travel route for vehicles accessing the site and rock material being removed from site; (c) The location site for material being removed; (d) Setbacks to the rock crushing activity; and (e) Any topographic features in the immediate vicinity of the proposed rock crusher. (4) Any additional information, which will assist in the evaluation of the proposed rock crushing. (5) The application shall be processed pursuant to the City of Riverbank Land Use Permit and Procedures Ordinance. (C) Revocation of a Temporary Permit for Noncompliance. Any permit for temporary permit for rock crushing granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit are violated. (Ord. 2004-006, passed 8-23-04) JurupaꢀValley,ꢀCA PreviousꢀEnvironmentalꢀDeterminationꢀPedleyꢀCrossingsꢀShoppingꢀCenterꢀ Tableꢀ1.ꢀSummaryꢀofꢀImpactsꢀandꢀMitigationꢀMeasuresꢀ ꢀ EnvironmentalꢀTopic/ThresholdꢀMitigationꢀMeasuresꢀ(MM)ꢀRequiredꢀtoꢀ ReduceꢀImpactꢀ ꢀ AirꢀQualityꢀImpactꢀ4.2‐1: Project construction would exceed the Localized Significance MitigationꢀMeasureꢀ4.2‐1: The following dust suppression techniques, or combination thereof, 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 584 ꢀATTACHMENTSꢀ Threshold (LST) for PM-2.5 during the site shall be implemented during construction preparation phase, and the LST for PM-10 during activities. Appropriate notes shall be included on both the site preparation and grading phases. Maximum daily emissions from construction activities would also exceed the SCAQMD daily threshold for PM-10 by as much as 228.2 pounds per day. any grading permit or building permit: All disturbed and unvegetated surfaces shall be watered three times daily to reduce dust. If portions of the construction site are to remain inactive longer than a period of thirty (30) days, the exposed surfaces shall be seeded and watered until vegetative cover is grown, or otherwise stabilized in a manner acceptable to the City. Alternatively, an application of dust suppressants can be applied in sufficient quantity and frequency to maintain a stable surface. ꢀ   All unpaved on-site roads shall be watered periodically or chemically stabilized, and shall be paved if feasible based on daily vehicle usage. Public streets shall be swept daily to remove soil tracked onto the paved surface by vehicles leaving the construction site. Any visible soil track-out extending more than fifty (50) feet from the access point shall be swept or washed twice per day and one sweeping or washing shall occur after the last truck of the day exits the site.   Water spray shall be provided during loading and unloading for use on earthen materials. All material transported offsite shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. All trucks hauling dirt, sand, gravel or soil shall be covered and shall maintain at least six inches of freeboard in accordance with Section 23114 of the California Vehicle Code. All vehicles on the construction site shall travel at speeds less than 15 miles per hour. All material stockpiles subject to wind erosion during construction activities, and which will not be utilized within three days, shall be stabilized with extra water, chemical stabilizers or temporary covers. Baghouses shall be installed on crushing equipment.    ꢀ NoiseꢀImpactꢀ4.10‐1: Construction-period noise MitigationꢀMeasureꢀ4.10‐1:ꢀPrior to initiation of produced by the rock crusher may exceed daytime noise thresholds at residential areas operations at the rock crushing facility, the project proponent will mitigate noise impacts by 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 585 ꢀATTACHMENTSꢀ located within 900 feet of the crusher. ꢀ using any combination of the following features surrounding the crusher: Depression of the processing plant below grade and/or construction of a berm from materials spoils or stacked crushed rock to achieve a net 20-foot-high break in the direct line of sight to the closest residences. Mounting of noise blanket panels with a Sound Transmission Class (STC) rating of 25 or greater. The sound blanket must be mounted to vertical steel supports to form a 20-foot-high solid surface without cracks or gaps. The berm and/or sound blankets must be placed as close as reasonably possible to the crusher, while allowing adequate space for vehicle movements and material handling. Implementation of this measure is only required where a direct line of sight exists between the crusher and residential land uses within 900 feet of the crusher. Natural topography which breaks the line of sight will be considered to meet the purposes of this mitigation measure. Should the City of Jurupa Valley determine that a direct line of sight between the crusher and residential structures within 900 feet of the crusher continues to exist with placement of the berms and/or sound blankets, the City may mandate taller features such that the line of sight is blocked. ꢀ NoiseꢀImpactꢀ4.10‐1:ꢀConstruction-period noise MitigationꢀMeasureꢀ4.10‐2: Noise impacts from haul trucks may result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity. ꢀ measurements prepared to the satisfaction of City staff will be conducted once the rock crusher facility is fully operational and material is being removed from the site to ensure compliance with the City’s thresholds. If noise levels produced by haul trucks are found to create a significant impact by increasing noise levels by 5 dB or more at any residential dwelling, then the project applicant must implement one or more of the following mitigations to reduce the noise increase to below the 5 dB threshold:    Limiting the number of trucks per hour hauling material from the site. Relocation of the haul route on-site to reduce noise levels to residential areas. Placement of berms, temporary walls, or sound blankets along portions of the haul 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 586 ꢀATTACHMENTSꢀ route. New noise measurements are to be completed following implementation of the mitigation measure to confirm City thresholds have been achieved. ꢀ CulturalꢀResourcesꢀImpactꢀ4.4‐2: Implementation of the project could result in significant impacts to unidentified prehistoric archaeological resources within the Traditional Use Area identified by the Soboba Band of Luiseno Indians and Morongo Band of Mission Indians. MitigationꢀMeasureꢀ4.4‐3: Prior to the issuance of grading permits, the developer/permit holder will provide evidence to the City that appropriate Native American representative(s) will be allowed to monitor ground disturbance activities and have received or will receive a minimum of 15 days advance notice of mass grading activities in previously undisturbed soils. The length of advance notice may be reduced by the City if a Treatment and Disposition Agreement approved by the appropriate Native American ꢀ representatives provides for a shorter notification period. The monitor will be known as the “Tribal Monitor” for the project. A Treatment and Dispositions Agreement will be prepared to address the treatment and ultimate disposition of cultural resources which may include repatriation and/or curation in a facility approved by the City of Jurupa Valley. The Tribal Monitor will be allowed on-site at times when the Project Archaeologist is conducting archaeological monitoring during initial ground- disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structural demolition, etc. The Tribal Monitor will have the limited authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with the Project Archaeologist. The developer/permit holder will submit a fully executed copy of the agreement to the Jurupa Valley Community Development Department to ensure compliance with this mitigation measure. ꢀ Escondido,ꢀCA Municipal Code § 17-238 Grading. (a) It shall be unlawful for any person, including the City of Escondido, to do any authorized grading at any construction site, except on Mondays through Fridays during a week between the hours of seven (7) a.m. and six (6) p.m. and, provided a variance has been obtained in advance from the city 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 587 ꢀATTACHMENTSꢀ manager, on Saturdays from ten (10) a.m. to five (5) p.m. (b) For the purpose of this section, “grading” shall include but not be limited to compacting, drilling, rock crushing or splitting, bulldozing, clearing, dredging, digging, filling and blasting. (c) In addition, any equipment used for grading shall not be operated so as to cause noise in excess of a one hour sound level limit of seventy-five (75) dB at any time when measured at or within the property lines of any property which is developed and used in whole or in part for residential purposes, unless a variance has been obtained in advance from the city manager. (Ord. No. 90-8, § 2, 3- 28-90) 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 588 ꢀATTACHMENTSꢀ ATTACHMENTꢀ3 CALCULATIONꢀDETAILS 7226/ Independent Analysis of Crushing Operations September 23, 2023       Packet Pg. 589 GENERAL ASSUMPTIONS ASSUMPTIONS Total Rock 10000 tons Generator for rock crusher 750 kw =1006 bhp Onsite Crushing Facility 400 tons/hourLimiting Rate Work Day Tons per Day Days to Complete 200 tons/hour 8 hours 1600 Onsite 6.25 Days 8 hours 3200 Onsite 3.125 Days Miles to Landfills Mid‐Valley Phelan San Timoteo Ramco Miles to Crushing Facility North America 6.510.2 31.8 12.5 9.3 Philadelphia C & B 20.7 19.5 9.3Ramco Mean 16 Vulcan Corona 27.1 Mean 17       Packet Pg. 590 EMFAC2021 RESULTS FOR HEAVY‐HEAVY‐DUTY DIESEL TRUCK Source: EMFAC2021 (v1.0.2) Emissions Inventory Region Type: Sub‐Area Region: San Bernardino (SC) Calendar Year: 2023, 2024, 2025 Season: Annual Vehicle Classification: EMFAC2007 Categories Units: miles/year for CVMT and EVMT, trips/year for Trips, kWh/year for Energy Consumption, tons/year for Emissions, 1000 gallons/year for Fuel Consumption Region Calendar YVehicle CatModel YeaSpeed Fuel Total VMT NOx_TOTEX PM2.5_TOTAL PM10_TOTAL CO2_TOTECH4_TOTE N2O_TOTEROG_TOTAL CO_TOTEXSOx_TOTEXNH3_RUNEX San Bernardino (SC) San Bernardino (SC) San Bernardino (SC) 2023 HHDT 2024 HHDT 2025 HHDT Aggregate Aggregate Diesel Aggregate Aggregate Diesel Aggregate Aggregate Diesel 540336552.4 1620.489664 36.79911574 82.91333711 1021025 1.494729 160.8629 32.18110233 392.4773 9.668494 127.7087 551042326.4 1616.217656 37.59503132 84.28034632 1029927 1.532828 162.2654 33.00136093 403.9399 9.752789 130.5873 561322084.2 1603.769127 38.11337599 85.60931907 1034609 1.563991 163.003 33.67230282 414.3532 9.797126 133.3433 2023 2024 2025 tons/VMT tons/VMT tons/VMT 2.99904E‐06 6.81041E‐08 1.53448E‐07 0.00189 2.77E‐09 2.98E‐07 5.95575E‐08 7.26E‐07 1.79E‐08 2.36E‐07 2.93302E‐06 6.82253E‐08 1.52947E‐07 0.001869 2.78E‐09 2.94E‐07 5.9889E‐08 7.33E‐07 1.77E‐08 2.37E‐07 2.85713E‐06 6.78993E‐08 1.52514E‐07 0.001843 2.79E‐09 2.9E‐07 5.99875E‐08 7.38E‐07 1.75E‐08 2.38E‐07       Packet Pg. 591 7226ꢀEXAMPLEꢀCALCULATIONSꢀAttachmentꢀ3ꢀ ꢀ ONSITEꢀROCKꢀCRUSHERꢀ–ꢀUNCONTROLLEDꢀPM10ꢀEMISSIONS Emission Factors Primary crushing: 0.0007ꢀlbꢀPM10/ton San Diego APCD Secondary crushing: (0.014 lb PM/ton)(0.4444 lb PM /lb PM) = 0.00622ꢀlbꢀPM /ton1010 Tertiary crushing: (0.0054 lb PM/ton)(0.4444 lb PM /lb PM) = 0.00240ꢀlbꢀPM /ton1010 Screening: (0.025 lb PM/ton)(0.348 lb PM /lb PM) = 0.0087ꢀlbꢀPM /tonꢀ10 10 ꢀ TotalꢀPM ꢀ=ꢀ0.0007 + 0.00622 + 0.00240 + 0.0087 = 0.0180ꢀlbꢀPM /tonꢀ10 10 ꢀ DailyꢀEmissions:ꢀ(0.0180 lb PM10/ton)(1600 lb/day rock) = 28.8ꢀlb/dayꢀPM10- ONSITEꢀROCKꢀCRUSHERꢀ–ꢀCONTROLLEDꢀPM10ꢀEMISSIONS Emission Factors Primary crushing: 0.000035ꢀlbꢀPM10/ton Secondary crushing: (0.00031 lb PM/ton)(0.4444 lb PM /lb PM) = 0.000138ꢀlbꢀPM /ton1010 Tertiary crushing: (0.0012 lb PM/ton)(0.4444 lb PM /lb PM) = 0.000533ꢀlbꢀPM /ton1010 Screening: (0.0022 lb PM/ton)(0.348 lb PM /lb PM) = 0.00077ꢀlbꢀPM /tonꢀ10 10 ꢀ TotalꢀPM ꢀ=ꢀ0.000035 + 0.000138 + 0.000533 + 0.00077 = 0.00147ꢀlbꢀPM /tonꢀ10 10 ꢀ DailyꢀEmissions:ꢀ(0.00147lb PM10/ton)(1600 lb/day rock) = 2.35ꢀlb/dayꢀPM10- REFERENCES Uncontrolledꢀ andꢀ controlledꢀ emissionꢀ factorsꢀ (exceptꢀ primaryꢀ crushing):ꢀ South Coast Air Quality Management District, Particulate Matter (PM) Emission Factors For Processes/Equipment at Asphalt, Cement, Concrete, and Aggregate Product Plants. Revised December 2021, p. 8. Accessed at https://www.aqmd.gov/docs/default-source/planning/annual-emission-reporting/pm-emission- factors-for-processes-and-equipment-at-asphalt-cement-concrete-and-aggregate-product-plants- revised.pdf?sfvrsn=8. Uncontrolledꢀandꢀcontrolledꢀemissionsꢀfactorsꢀforꢀprimaryꢀcrushing:ꢀSan Diego Air Pollution Control District, Aggregate Crushing Operations. Revised December 31, 1998. Accessed at https://www.sdapcd.org/content/dam/sdapcd/documents/permits/emissions- calculation/mineral-products-industry-aggregate-crusher/APCD-crusher.pdf. RatiosꢀofꢀPM ꢀandꢀPM ꢀtoꢀtotalꢀparticulateꢀmatter:ꢀU.S. Environmental Protection Agency, AP-42:10 2.5 Compilation of Air Emissions Factors, Volume 1, Chapter 11, §11.19.2 Crushed Stone Processing and       Packet Pg. 592 7226ꢀEXAMPLEꢀCALCULATIONSꢀAttachmentꢀ3ꢀ Pulverized Mineral Processing.August 2004,p.11.19.2-8.Accessed at https://www.epa.gov/sites/default/ꢀiles/2020-10/documents/c11s1902.pdf.       Packet Pg. 593 ONSITE GENERATOR CRITERIA POLLUTANTS AND GHG EMISSIONS Assumptions g/bhp‐hr 1006 ROG CO 1.031 NOx 3.058 Sox 0.005 PM10 0.058 PM2.5 0.058 g/bhp‐hrEF BHP Emission Factors 0.194 Emissions 3.442046 18.29252 54.25658 0.088713 1.029065 1.029065 lb/day Hr/day Days 8 6.25 lb/gram 0.002205 CO2 CH4 EF 568.299 0.014 g/bhp‐hr 4573670 112.672 g/day 28585440 704.2 Total g 28585.44 0.7042 Total kg 28.58544 0.000704 MT GWP 1 25 28.58544 0.017605 28.60304 CO2e Example: Methane CO2 Equivalent Emissions Example: Daily NOx Emissions (3.058 g/bhp‐hr)(1006 bhp)(8 hr/day) = 24,610.8 g/day (0.014 g/bhp‐hr)(1006 bhp)(8 hr/day)(6.25 days) = 704.2 g = (704.2 g)/(1000 g/kg) = 0.7042 kg = (24,530 g/day)/(453.6 g/lb) = 54.3 lb/day = 0.7042 kg/(1000 kg/MT) = 0.000704 MT CO e = (0.000704 MT)(25) = 0.0176 MT CO e22 Diesel generator set emission factors for 2023 from User Guide for CalEEMod Version 2020.4.0, Appendix D ‐ Default Data Tables, p. D‐33. http://www.aqmd.gov/docs/default‐source/caleemod/user‐guide‐2021/appendix‐d2020‐4‐0‐full‐merge.pdf?sfvrsn=12.       Packet Pg. 594 ONSITE GENERATOR ‐ TIER 4 DIESEL Assumptions g/bhp‐hr 1006 ROG 0.06 CO 2.6 NOx 2.24 Sox 0.005 PM10 0.016 PM2.5 0.016 g/bhp‐hrEF BHP Tier 4 EF Emissions 1.06455 46.13051 39.74321 0.088713 0.28388 0.28388 lb/day Hr/day 8 lb/gram 0.002205 Example: Daily NOx Emissions (2.24 g/bhp‐hr)(1006 bhp)(8 hr/day) = 18,027.52 g/day = (18027.52 g/day)/(453.6 g/lb) = 39.7 lb/day Tier 4 Final emission factors from User Guide for CalEEMod Version 2020.4.0, Appendix D ‐ Default Data Tables, p. D‐77. http://www.aqmd.gov/docs/default‐source/caleemod/user‐guide‐2021/appendix‐d2020‐4‐0‐full‐merge.pdf?sfvrsn=12.       Packet Pg. 595 RESULTS ‐ UNCONTROLLED EMISSIONS Total Metric Tons Scenario A Pounds per day CO2e ROG CO NOx Sox PM10 PM2.5 Onsite Crusher Onsite Generator Onsite Loader Offsite Crusher Offsite Generator Offsite Loader Onroad 0.67 4.54 6.28 0.02 0.34 0.21 0.85 0.10 1.19 4.89 0.03 0.25 0.11 9.15 Totals 0.77 5.73 11.17 0.05 0.59 0.32 10 Total Metric Tons Scenario B Pounds per day CO2e) ROG CO NOx Sox PM10 PM2.5 Onsite Crusher Onsite Generator Onsite Loader 0.67 4.54 6.28 0.02 0.34 57.67 1.03 0.67 0.34 0.27 0.27 0.21 35.96 1.03 0.42 0.21 0.12 0.12 0.85 Offsite Crusher Offsite Generator Offsite Loader‐Process Offsite Loader‐Return Onroad Out 3.44 1.34 0.67 0.1 18.29 9.07 4.54 1.26 1.26 54.26 12.56 6.28 5.2 0.09 0.04 0.02 0.03 0.03 14.30 1.70 0.85 9.72 9.72Onroad Back 0.1 5.2 Totals 6.32 38.96 89.78 0.23 60.59 38.07 37.14 Needs Tier 4 Total Metric Tons Scenario C Pounds per day CO2e) ROG CO NOx Sox PM10 28.84 1.03 PM2.5 17.98 1.03 Onsite Crusher Onsite Generator Onsite Loader Offsite Crusher Offsite Generator Offsite Loader Onroad 3.44 0.67 18.29 4.54 54.26 6.28 0.09 0.02 28.60 0.850.34 0.21 Totals 4.11 22.83 60.54 0.11 30.21 19.22 29.45 Needs Tier 4       Packet Pg. 596 RESULTS ‐ WITH EMISSION CONTROLS Total Metric Tons Scenario A Pounds per day CO2e ROG CO NOx Sox PM10 PM2.5 Onsite Crusher Onsite Generator Onsite Loader Offsite Crusher Offsite Generator Offsite Loader Onroad 0.02 8.69 1.03 0.02 0.03 0.03 0.85 0.10 1.19 4.89 0.03 0.25 0.11 9.15 Totals 0.12 9.88 5.92 0.05 0.28 0.14 10 Total Metric Tons Scenario B Pounds per day CO2e) ROG CO NOx Sox PM10 PM2.5 Onsite Crusher Onsite Generator Onsite Loader 0.02 8.69 1.03 0.02 0.03 4.71 0.28 0.06 0.03 0.27 0.27 0.03 4.6 0.85 Offsite Crusher Offsite Generator Offsite Loader‐Process Offsite Loader‐Return Onroad Out 1.06 0.05 0.02 0.1 46.13 17.38 8.69 1.26 1.26 39.74 2.06 1.03 5.2 0.09 0.04 0.02 0.03 0.03 0.28 0.06 0.03 0.12 0.12 14.30 1.70 0.85 9.72 9.72Onroad Back 0.1 5.2 Totals 1.35 83.41 54.26 0.23 5.65 5.24 37.14 Total Metric Tons Scenario C Pounds per day CO2e) ROG CO NOx Sox PM10 2.35 0.28 0.03 PM2.5 2.3 0.28 0.03 Onsite Crusher Onsite Generator Onsite Loader Offsite Crusher Offsite Generator Offsite Loader Onroad 1.06 0.02 46.13 8.69 39.74 1.03 0.09 0.02 28.60 0.85 Totals 1.08 54.82 40.77 0.11 2.66 2.61 29.45       Packet Pg. 597 July 18, 2023 ProjectLocation SanBernardinoCounty Kern County Los AngelesCounty RiversideCountyOrangeCounty Key Map ¯0 0.75 1.5 Miles 0 0.75 1.5 Kilometers Scale: 1:95,040 Path: \\Gissvr\gis\Projects\7226_SanBerdo_Rock_Crushing\MXDs\7226_SanBerdo_Bedrock_11X17_2023_07_18.mxd Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community; Dibblee Foundation, 2023; Sab Bernardino County, 2022; UltraSystems Environmental, Inc., 2023 San Bernardino City Boundary Zones of Potential Bedrock Outcrop Legend Disclaimer: Representations on this map or illustration are intended only to indicate locations of project parameters reported in the legend. Project parameter information supplied by others (see layer credits) may not have been independently verified for accuracy by UltraSystems Environmental, Inc. This map or illustration should not be used for, and does not replace, final grading plans or other documents that should be professionally certified for development purposes. Zones of Potential Bedrock Outcrop City of San BernardinoIndependent Analysis of Crushing Operations P a c i f i cOcean       Packet Pg. 598 CHAPTER 19.31 ADMINISTRATION TABLE 31.01 THRESHOLD OF REVIEW Permit Type Director DRC Commission Council Conditional Use Permit (CUP) X Minor Use Permit X Design Review X Development Agreement X Development Code Amendment (X)* X Administrative Permit X Development Permit X or X Final Map X General Plan Amendment (X)* X Interpretations (General Plan) X Lot Line or Boundary Adjustment X Lot Merger X Minor Modification X Reversion to Acreage X Specific Plan (X)* X Surface Mining and (X)* X Land Reclamation (CUP) Temporary Use Permit. Except for X On-site and Off-site Contractor Construction Yards with On-Site Material Crushing TemQQra!:Y Use Permit for On-site X and Off-site Contractor Construction Yards with On-Site Material Crushing Tentative Parcel Map X or X Tentative Tract Map X Variance X *Commission recommends to Council for final action. CHAPTER 19.70 TEMPORARY USE PERMITS 19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR       Packet Pg. 599       Packet Pg. 600       Packet Pg. 601       Packet Pg. 602       Packet Pg. 603       Packet Pg. 604       Packet Pg. 605       Packet Pg. 606       Packet Pg. 607       Packet Pg. 608 Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits       Packet Pg. 609 Background •Oxbow Property – Deposit of concrete debris •Mayor and City Council Resolution 2020-265 •Restricting Crushing and Grinding Adopted October 21, 2020 •Mayor and City Council direction to Planning Commission on September 13, 2022       Packet Pg. 610 Background •Planning Commission Meetings •October 11, 2022 •November 8, 2022 •December 13, 2022 •January 10, 2022       Packet Pg. 611 Background •Mayor and City Council direction to Planning Commission to render a decision •February 1, 2023 •Planning Commission adopted Resolution No. 2023- 007 recommending status quo and deny amendments to the Development Code •Resolution 2020-265 remains in effect       Packet Pg. 612 Crushing and Grinding •Crushing – Large pieces of aggregate/concrete are crushed using heavy equipment into smaller pieces •Grinding – The smaller pieces are further ground down into smaller particles using equipment like rollers       Packet Pg. 613 Crushing and Grinding       Packet Pg. 614 Laguna Mall Demolition       Packet Pg. 615 When are Crushing and Grinding Operations Used •Bedrock •Structure Demolition •Buildings •Roads •Bridges •Disposition       Packet Pg. 616 Bedrock Map       Packet Pg. 617 Crushing and Grinding vs Removal •Onsite •Reuse •Cost •Environmental Impacts •Air Quality/GHG •Noise •Water Quality       Packet Pg. 618 Crushing and Grinding Permitting •Varies by city/county/agency •Grading Permit •Building •Environmental analysis •SCAQMD •Regional Water Quality Board •CEQA Document       Packet Pg. 619 Independent Analysis •Independent Analysis – UltraSytems Environmental •Air Quality/GHG/Noise - MD Acoustics       Packet Pg. 620 Proposed Development Code Amendment •Development Independent Analysis – UltraSytems Environmental •Air Quality/GHG/Noise - MD Acoustics       Packet Pg. 621 Legalities of the Carousel Mall •Demolition determination made on October 26, 2022 •Notice of Exemption filed on February 13, 2023 •Demolition underway       Packet Pg. 622 Recommendation •Discuss repeal of Resolution No. 2020-265 •Discuss Development Code Amendment to Sectio 19.70.035 (B) •Provide additional direction to staff regarding topics discussed.       Packet Pg. 623 Discussion       Packet Pg. 624       Packet Pg. 625 1 6 3 3 Public Hearing City of San Bernardino Request for Council Action Date: October 4, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Mary Lanier, Interim Agency Director of Community & Economic Development Department:Community & Economic Development (CED) Subject:Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and 2. Authorize its submission to the United States Department of Housing and Urban Development. Executive Summary Each year, the City of San Bernardino is required to submit its accomplishment data for the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Shelter Grant (ESG) programs to the Department of Housing and Urban Development (HUD) via the Consolidated Annual Performance and Evaluation Report (CAPER) report. The submission of the accomplishments must be approved by the Mayor and City Council and a public hearing conducted. Background Every year the City receives CDBG, HOME, and ESG program funds from HUD. The purpose of the funds is to assist the City in meeting the affordable housing and community development goals and objectives, in the City’s Five-Year Consolidated Plan, particularly for persons and families of low- to moderate-income. In order to identify the areas of greatest need and highest priorities in the community, the       Packet Pg. 626 1 6 3 3 City undertakes a planning process known as the Consolidated Plan Cycle. This process is documented by three reports: 1. One Five-Year Consolidated Plan; 2. Five annual Action Plans; and 3. Five annual CAPERs. Consolidated Plan The Consolidated Plan serves four primary functions: 1. It is a planning document for the community that is built upon public participation and input. 2. It serves as the application for HUD’s formula grant programs (CDBG, HOME, and ESG) which focus on providing decent housing, suitable living environments, and expanded economic opportunities for low- and moderate-income families. 3. It identifies the City’s needs in the areas of housing, homelessness, community development, and economic development, and puts forward the City’s strategies and timetables for addressing those needs; and 4. It serves as a five-year planning document for the use of HUD funds and the implementation of programs that will meet local needs. The current Five-Year Consolidated Plan covers July 1, 2020, through June 30, 2025. Annual Action Plan The Action Plan describes specific projects and activities the City will undertake, as well as the financial resources it will use to meet the affordable housing and community development needs for a specific fiscal year. The 2022-2023 Annual Action Plan was approved by the Mayor and City Council on July 20, 2022, and is the third of five Annual Action plans under the current Consolidated Plan. Discussion The City is a direct recipient of Community Planning and Development formula grants from HUD. As an entitlement city, the City is required to provide a report to HUD on its performance in meeting the housing and community development goals and objectives in its approved Five-Year Consolidated Plan. This performance report is called the CAPER. CAPER Summary This report is the third year CAPER under the current Consolidated Plan, which outlines the City’s actual accomplishments for the period of July 1, 2022, through June 30, 2023. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan. CDBG and ESG Programs During FY 2022-23 reporting period, the City of San Bernardino received $3,598,406.00 in CDBG and ESG funds.       Packet Pg. 627 1 6 3 3 The City continues to make progress toward meeting its long-term goals. The FY22-23 CAPER contains detailed descriptions of annual goals and accomplishments. (Attachment 1). City staff continues to achieve the goals and objectives of the Consolidated Plan. Staff's assessment of the FY22-23 CAPER indicates there was activity in fair housing/landlord-tenant assistance, street outreach homeless prevention, and improvement of facilities and infrastructure. Select Goals and Accomplishments Activity Source/Amount Unit of Measure Expected Goal Actual Goal Fair Housing CDBG: $73,000 Persons Assisted 2,700 3,000 Improve Facilities & Infrastructure CDBG: $897,224.75 Persons Assisted 160,000 160,000 Emergency Solutions Grant (ESG) ESG: $315,580 Persons Assisted 612 0 ***ESG accomplishments will follow at a later date. Citizen Participation Federal regulations require that the FY22-23 CAPER be made available to citizens for public comment and to be considered by the City Council at a public hearing. In accordance with HUD guidelines, a notice was published in El Chicano on September 14, 2023, and in the San Bernardino Sun on September 18, 2023, inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, the City’s Housing Division office, and the Feldheym Library. 2020-2025 Key Strategic Targets and Goals The authorization for submittal of the FY22-23 CAPER to HUD meets Key Target 3: Improved Quality of Life, specifically Goal 3a: Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities. Fiscal Impact The submission of the CAPER does not have an impact to the City's General Fund. The activities described in the CAPER were funded entirely with federal funds from HUD. The submission of the CAPER is a condition for the City to continue receiving federal funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino: conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance       Packet Pg. 628 1 6 3 3 and Evaluation Report (CAPER); and authorize its submission to the United States Department of Housing and Urban Development (HUD). Attachments Attachment 1 FY 2022-2023 Consolidated Annual Performance Evaluation Report Attachment 2 FY 2022-2023 Annual Action Plan Attachment 3 The 5-Year Consolidated Plan Attachment 4 Public Notice Verification- English Attachment 5 Public Notice Verification- Spanish Ward: All Wards Synopsis of Previous Council Actions: July 20, 2022 FY 2022-2023 HUD Annual Action Plan April 15, 2020 The 5-Year Consolidated Plan       Packet Pg. 629 CAPER 1 CITY OF SAN BERNARDINO Consolidated Annual Performance and Accomplishment Report (CAPER) Program Year 2022-2023       Packet Pg. 630 CAPER 2 Consolidated Annual Performance and Accomplishment Report CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of San Bernardino (City) is a direct recipient of Community Planning and Development formula grants (e.g., Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant). As an Entitlement City, the City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development priorities listed in its approved Five-Year Consolidated Plan. This report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is due to HUD 90 days from the end of each program year. This Consolidated Annual Performance and Evaluation Report (CAPER) outlines the City’s actual accomplishments for the second program year period of the City’s Five-Year Consolidated Plan, of July 1, 2022 through June 30, 2023. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan FY 2020-2024.       Packet Pg. 631 CAPER 3 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Table 1 below categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Expand Home Ownership Affordable Housing HOME: $ Homeowner Housing Added Household Housing Unit 50 2 4.00%8 2 25.00% Expand Home Ownership Affordable Housing HOME: $ Direct Financial Assistance to Homebuyers Households Assisted 50 0 0.00% Fair Housing Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 5000 4911 98.22%2700 3000 111.11% Improve Facilities and Infrastructure Non-Housing Community Development CDBG: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 160000 50 0.03%1500 50 3.33%       Packet Pg. 632 CAPER 4 Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete New Affordable Rental Housing Affordable Housing HOME: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 140 0 0.00% New Affordable Rental Housing Affordable Housing HOME: $Rental units constructed Household Housing Unit 300 0 0.00% Planning and Administration Program administration funds CDBG: $ / HOME: $ / ESG: $ / CDBG-CV: $ / ESG- CV1 and ESG-CV2: $ Other Other 5 5 100.00%1 0 0.00% Preserve and Rehabilitate Housing Affordable Housing HOME: $Rental units rehabilitated Household Housing Unit 400 0 0.00% Preserve and Rehabilitate Housing Affordable Housing HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 50 0 0.00%       Packet Pg. 633 CAPER 5 Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Promote Economic Development Economic Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 50 10 20.00% Promote Economic Development Economic Development CDBG: $Jobs created/retained Jobs 0 0 214 0 0.00% Promote Economic Development Economic Development CDBG: $Businesses assisted Businesses Assisted 0 0 20 0 0.00% Provide Homeless and Homeless Prevention Services Homeless ESG: $ / ESG-CV1 and ESG- CV2: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 3000 0 0.00%612 0 0.00% Table 1 - Accomplishments – Program Year & Strategic Plan to Date       Packet Pg. 634 CAPER 6 Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. City staff continues to achieve the goals and objectives of the Consolidated Plan. The City prioritizes the use of its CDBG funding for housing and community development activities, including the preservation and conservation of affordable housing and activities that serve low- and moderate-income households. In 2022 the City: •Assisted 1,214 low income residents with investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge through the Inland Fair Housing Mediation Board (IFHMB). IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. •Provided financial assistance to five (5) income-qualified, San Bernardino homeowners for repairs to their homes through the Owner-Occupied Housing Rehabilitation Program. The City completed the construction of three (3) homes, on an infill lot, to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and the CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. •Worked in partnership with the Inland Empire Small Business Development Center, to promote and host small business/entrepreneur workshops to which 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. •Completed the following street improvements in March 2023: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut to Mill Street) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). •Initiated Citywide Pavement rehabilitation for 3 locations; 10th Street between F Street and G Street, 49th Street between Sepulveda Avenue to the end, and Rialto Avenue from Mt. Vernon and Muscott. The completion is expected in January 2024. •Funded through City ARPA funds, the Small Business & Nonprofit Grant Program provided grant funding in the first round to 105 recipients, including nonprofits & small businesses. These funds were to be spent on working capital expenses to help recipients recover from the impacts of COVID. We will have a second round of funding with lower grant award amounts.       Packet Pg. 635 CAPER 7 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME ESG White 735 1 102 Black or African American 359 3 20 Asian 19 0 1 American Indian or American Native 7 0 0 Native Hawaiian or Other Pacific Islander 0 0 0 Multiple Races --3 Client Doesn’t Know/Client Refused --4 Total 1214 4 130 Hispanic 608 0 69 Not Hispanic 633 0 60 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative The demographics of CDBG/HOME/ESG beneficiaries exhibited more diversity than the City’s population as a whole. About 60% of the beneficiaries were White compared to 52% of the City's population that is White according to the 2022. American Community Survey. About 30% of beneficiaries were African-American compared to 13.2% of the City's population that is African-American. The various "Other" and multi-racial categories comprised about 3% of the City population and Hispanic residents made up 50% of CDBG       Packet Pg. 636 CAPER 8 beneficiaries and are 66.20% of the total population. CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 3,112,512 1,779,788 HOME public - federal 1,769,520 72,458.09 ESG public - federal 315,580 43,327.17 Table 3 - Resources Made Available Narrative Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description CityWide 100 70 Met variety of community development and housing needs LMI Areas of the City 100 30 Met variety of community development and housing needs. Table 4 – Identify the geographic distribution and location of investments Narrative While all funds drawn during the 2022-23 Program Year were invested within the City, a significant amount of funds were invested on: •public facility ftreet improvements at 290 N. D St. ($743,094.61) •Section 108 Repyament Program ($772,322.50).       Packet Pg. 637 CAPER 9 These two programs accounted for 83% of CDBG funds spent during the program year. 100% of the HOME funds expended on the program year were for the City’s First-Time Homebuyer program. The majority of ESG funds were spent on homeless shelters in the City ($175,028.04), which accounted for 61% of the total amount expended in the program year.       Packet Pg. 638 CAPER 10 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. In FY 2022-2023, the City was 100% exempt from its HOME match liability. The City actively attends the Interagency Council on Homelessness meetings as well as the San Bernardino County Homeless Partnership Central Valley Homeless Partnership Network and applying for additional funding when available. The City leverages ESG ARPA and HOME-ARP for homeless shelter and prevention services including: •HOME-ARP: $4,2M for the development of the Navigation Center •ARPA: $150,000 mobile shower •ARPA: $16,500,000 - $12,500,000 for Navigation Center Development, $4,500,000 Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 0 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2)0 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4)0 Table 5 – Fiscal Year Summary - HOME Match Report       Packet Pg. 639 CAPER 11 Match Contribution for the Federal Fiscal Year (Not Applicable-HUD Exception Applies) Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match Table 6 – Match Contribution for the Federal Fiscal Year Program Income – Enter the program amounts for the reporting period Balance on hand at beginning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ $203.30 $323,612.94 $31,359.94 $0 $292,253 Table 7 – Program Income       Packet Pg. 640 CAPER 12 Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Minority Business EnterprisesTotal Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic White Non- Hispanic Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Minority Property OwnersTotal Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic White Non- Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property       Packet Pg. 641 CAPER 13 Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Minority Property EnterprisesHouseholds Displaced Total Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic White Non- Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition       Packet Pg. 642 CAPER 14 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate- income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 50 0 Number of Non-Homeless households to be provided affordable housing units 318 0 Number of Special-Needs households to be provided affordable housing units 75 0 Total 443 0 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 75 43 Number of households supported through The Production of New Units 79 2 Number of households supported through Rehab of Existing Units 239 0 Number of households supported through Acquisition of Existing Units 50 0 Total 443 45 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City of San Bernardino will continue to evaluate and assess the goals and outcomes identiifed in the 2020-2024 Five Year Consolidated Plan. For FY 2022-2023, progress toward meeting the City's third year of the five-year goals and objectives was a challenge. The shorfall between the City's one-year goal and the actual was due to the City needing to prioritize and work with the chronically homeless through the City's street outreach program. The chronically homeless are difficult to house. Additionally due to a change in the Housing and Homelessness Divions of the City’s Economic Development Department, not all metrics were successfully captured.       Packet Pg. 643 CAPER 15 Discuss how these outcomes will impact future annual action plans. The City will continue to assess its progress in meeting its Consolidated Plan goals and objectives and make adjustments as necessary. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 665 0 Low-income 374 0 Moderate-income 153 0 Total 1192 0 Table 13 – Number of Households Served Narrative Information       Packet Pg. 644 CAPER 16 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs. The City hired a full-time Homeless Services Coordinator who coordinated services in the community. The Coordinator builds relationships with the homeless service providers in the city. We are now able to guide the homeless and refer over those who are experiencing homelessness. We were able to send over homeless verification, and they rapidly secured her a shelter family unit for us. Whereas in the past the person is directed to 211 and they get to them when they can which takes months and that’s not if they fall through the cracks and can't be located. Our street outreach team responds rapidly and is dedicated to our city limits only. Before, we had to use county teams and non-profits that serve the whole county and at capacity with clients. We now have plans that have been approved by the council to build a city shelter exclusively for the chronically homeless, the street outreach team is meeting in the parks and streets. Non- congregate style and dog friendly. The City's Homeless Street Outreach Team continues to provide daily mobile outreach to the most service-resistant homeless population in San Bernardino. San Bernardino County Point-In- Time Count (PIT) data have indicated a need to support programs that serve people experiencing homelessness. The 2022 PITs count for the City is 1,350 which accounts for 40.5% of San Bernardino County’s total count. Addressing the emergency shelter and transitional housing needs of homeless persons The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing and or to locate permanent housing. The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter. The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons,       Packet Pg. 645 CAPER 17 focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of San Bernardino continues to fund various non-profit organizations that address the needs of low income residents that are at risk of becoming homeless. The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City is beginning Phase 1 of its Homeless Outreach Prevention Education Campus (HOPE Campus) to provide Emergency Shelter. This temporary emergency shelter will provide emergency shelter for the City’s homeless while construction of the campus is underway. HOPE Campus will feature non-congregate shelter units, laundry facilities, kitchen facilities, secure storage for personal items, and supportive services. The project is the recipient of HOME ARP funds.       Packet Pg. 646 CAPER 18 Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again As noted above, the City provides ESG funds to two shelters: •Lutheran Social Services Southern California (LSSSC) providing emergency shelter for men. •Salvation Army to provide emergency shelter focusing on women and women with children at their San Bernardino Hospitality House.       Packet Pg. 647 CAPER 19 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent-restricted housing for approximately 2,205 very low-income households. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). HACSB administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the entire monthly rental payment. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, and therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. The City collaborates with the HACSB to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. In FY 21-22, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. As for homeownership opportunities, in 2022 the City implemented an Infill Housing Program that uses HOME funds to construct housing units on City-owned or Redevelopment Agency owned parcels which are sold to low-income qualified homebuyers. The City helped 2 familys become first time homebuyers. The City also has initiated a Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them, and sell them to income-qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. The City also works with Inland Fair Housing and Mediation Board and Neighborhood Partnerships Housing Services, Inc. to provide First Time Homebuyer workshops to educate potential borrowers in the complete process of purchasing a home. These agencies also provide other services such as Default/Foreclosure Prevention and Reverse Mortgage counseling services; and financial education workshops that help homeowners preserve their housing.       Packet Pg. 648 CAPER 20 Actions taken to provide assistance to troubled PHAs The Housing Authority of the County of San Bernardino (HACSB) accepts applications for Section 8 Project- Based housing for families and senior households. Each year HUD reviews and scores the housing authority’s Section 8 program management based on 14 different criteria. This score is a reflection of how well the Housing Authority manages the Section 8 waiting list, the physical quality of housing assisted with Section 8 and the financial management of the program. As a “Moving to Work Demonstration” provider, HACSB is not subject to the traditional Public Housing Authority (PHA) and Section Eight Management Assessment Program (SEMAP) scoring; however, HACSB is a “High Performer” agency per HUD standards In 2022, the latest year for which data is available, HACSB provided 10,461 housing choice vouchers throughout San Bernardino County, assisting 24,229 individuals. Of those 10,461 housing choice vouchers, 2,4320 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino.       Packet Pg. 649 CAPER 21 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Housing Programs - City of San Bernardino (sbcity.org) Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. The City has also undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.       Packet Pg. 650 CAPER 22 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot consolidation and the reuse conversion of commercial space to housing. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City will amend the Development Code to reflect the latest amendments to State density bonus law. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing in order to eliminate confusion and facilitate the review and approval process for this housing type. Streamlined Processing - The City is committed to continuing the streamlining of development activities and is applying for an SB2 planning grant that will assist with streamlining. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME, and ESG funds through the Action plan in projects that provide financing for affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements, and       Packet Pg. 651 CAPER 23 homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. To leverage additional ongoing resources for housing and homeless services, the City will utilize Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. In 2021 the City received approximately $1.6 million in PLHA funds and expects to receive approximately $7.8 million over the next four years. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) An estimated 17,809 housing units occupied by low- and moderate-income households in San Bernardino may contain lead-based paint; this constitutes approximately 27% of the City's housing stock. To reduce possible lead-based paint hazards, the City has taken the following actions: •Included lead testing and abatement procedures in all rehabilitation activities, where appropriate. •Monitored the lead-poisoning data maintained by the San Bernardino County Department of Health Services. •Educated owner occupants, participating in City funded rehab programs on the health hazards of lead-based paint through the use of brochures and encouraged screening children for elevated blood-lead levels. •Sent housing staff to the Lead Safe Housing Rule Amendment Training. Sent subrecipient/CHDO staff to the Lead Safe Housing Rule Amendent Training. Procedurally, the City will continue to monitor the HUD website for any revisions to the lead-paint hazards regulations and ensure that the City’s policies and procedures remain current. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) •The CoC’s coordinated entry system, 2-1-1 San Bernardino County provides persons who are at imminent risk of becoming homeless with problem-solving support to retain current housing or to locate another housing placement. •Service providers, provide street outreach, rapid re-housing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. •The improvement of streets that align the City’s Capital Improvement Projects with the greatest impact on the neighborhoods. •Street reconstruction improvements, sidewalk replacement, and Americans with Disabilities Act improvements. •Further, the development of the HOPE Campus to assist homeless or at-risk for homeless       Packet Pg. 652 CAPER 24 individuals and families. •The First Time Homebuyer program (Infill Housing), which instead of requiring that a family resell their home to another low-income household, utilizes recapture provisions to allow a family to capture the equity in their house, thus accumulating wealth which is the most effective way of reducing the number of poverty level households. •The City funded five (5) subrecipients under the ESG grant: Community Action Partnership of San Bernardino County, which they assisted clients with Homelessness Prevention; Family Service Association of Redlands, that assisted clients with Emergency Shelter/Motel Voucher, and Homelessness Prevention; Lutheran Social Services assisted clients with Emergency Shelter; Step Up on Second assists clients with Street Outreach; and The Salvation Army Hospitality House, which they assisted women and children with Emergency Shelter. Actions taken to develop institutional structure. 91.220(k); 91.320(j) There are a variety of agencies, local governments, non-profit organizations, businesses and financial institutions that play a vital role in carrying out San Bernardino’s housing and community development goals and objectives. The relationships and interaction of these entities as they work toward achieving these goals and objectives is referred to as institutional structure. As the lead for the City's 2020-2024 Consolidated Plan, the City’s Community and Economic Development Department analyzes its performance in addressing the community’s housing and community development needs and develops strategies to improve its institutional structure. The City has revised its policies and procedures for CDBG, OORP, and ESG. The City has an organizational chart for its Community and Economic Development Department and Housing Division functions. If and when the opportunity arises, City staff will attend trainings such as HEROS, HOME, IDIS, CDBG, and Lead Based Paint. In conjunction with other City departments, such as Public Works, Parks, Recreation and Community Services, staff will continue to identify the community's greatest needs and allocate resources accordingly. Staff will continue to work with for-profit and non-profit developers and lenders to facilitate the improvement, preservation, and/or creation of affordable housing opportunities for low and moderate income households within the City. Furthermore the City of San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health       Packet Pg. 653 CAPER 25 has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) During PY 2022-2023, the City made the following progress toward improving communication and coordination between itself, nonprofit service organizations, and residents: •The City has developed a two year affordable housing pipeline to identify projects and capital needs. •Consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. •Workforce Development, to provide job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. The City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Each year the City pledges to affirmatively further fair housing and take appropriate actions to overcome the effects of the impediments to fair housing that are identified in the City’s five-year planning document called the Analysis of Impediments (A.I.) to Fair Housing Choice (A.I.). HUD guidance indicates that the City must report on the actions taken during the fiscal year to overcome the effects of private sector. Accomplishments were made during PY 2022-2023 in the City of San Bernardino's A.I.       Packet Pg. 654 CAPER 26 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements As the lead for the City's Consolidated Plan, the Community and Economic Development Department is continually improving its standards and procedures to monitor the performance and effectiveness of housing and community development activities. The Community and Economic Development Department is responsible to monitor all housing projects and federal compliance of housing and non-housing projects funded with CDBG, HOME, and ESG. It undertakes two types of monitoring: program monitoring (which includes the Minority Business Outreach efforts) and Consolidated Plan monitoring. Both types of monitoring ensure the success of Consolidated Plan projects and activities. Program Monitoring The City implements several monitoring techniques in which to assess the effectiveness of its activities. These techniques include a mandatory Subrecipient Training Workshop with its subgrantees to discuss methods for complying with federal and city requirements prior to the start of the fiscal year, and a combination of desk review and on-site monitoring techniques to ensure on-going compliance of Federally-funded activities. Minority Business Outreach As an Entitlement recipient of CDBG, HOME and ESG funds, the City of San Bernardino is required to provide business opportunities to minority and women-owned businesses in connection with the activities funded through the CDBG, HOME, and ESG grant. To comply with these requirements, the City participated in outreach events for disadvantaged business enterprises, posted its bid documents on the City's website and other e-Procurement websites where potential bidders may obtain these request for bids through the internet. The City also encourages MBE-WBE firms to compete for CDBG, HOME and ESG construction contacts. City staff ensures the Contractor-Subcontractor Activity Report and the MBE-WBE Summary report is submitted to the HUD as required. Consolidated Plan Monitoring Staff oversaw the planning and budgeting process to ensure that federally- funded activities were consistent with the Consolidated Plan’s identified high- and possibly medium- priority objectives and grant requirements. Staff also provided technical guidance regarding program structure, income requirements, and document compliance. For IDIS, staff gathered quarterly program statistical reports and updated all necessary fields from setup to completion of each project and activity. Environmental reviews records were prepared for each federally-funded activity and monitoring of construction activities that triggered Davis-Bacon and Federal Labor compliance was conducted. The City will continue to monitor the progress of its PY 2022-2023 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars.       Packet Pg. 655 CAPER 27 Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City encouraged public participation in the review and assessment of PY 2022-2023 by making the draft CAPER available for public review and comment beginning September 11, 2023 and up to and including September 26, 2023. A notice was posted within the City Hall and on the City’s website inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, and the City’s Community and Economic Development webpage. All public notices are attached. The City held a public hearing on the CAPER and the City’s performance for Program Year 2022-2023 on October 4, 2023 at 7:00 p.m. in the City of San Bernardino Council Chambers at Feldheym Public Library. No public comments were received.       Packet Pg. 656 CAPER 28 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. As required by HUD, the City undertook one substantial amendments to the Consolidated Plan/Action Plan to receive and allocate CDBG-CV funds. No additional amendments or changes to Consolidated Plan or Action Plan were undertaken during this reporting period. All funds were used to meet a qualified national objective. For activities that served a target clientele that was not presumed to be primarily low- and moderate-income, the City or its designated subrecipients documented household income. The City does have an existing Section 108 guaranteed loan. In PY 2022-2023, the City expended $772,322.50 fpr Section 108 Repayments. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. Not Applicable.       Packet Pg. 657 CAPER 29 CR-50 - HOME 24 CFR 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. The City has 15 housing developments containing 682 HOME assisted units. Visual inspections were conducted 496 units in 9 of those developments in PY 2022-2023. Follow up inspections were conducted and or resolved by working with the property managers. The Citys Housing Compliance Specialist performs HUD monitoring and conducts annual inspection of rental units. Annually, the City completes a monitoring and inspection schedule. A full report of PY 2022-23 is attached. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a) According to the regulations, HOME rental projects consisting of five or more assisted units must include and adhere to affirmative marketing procedures and requirements. For each HOME project the city undertakes, that triggers this requirement, an affirmative marketing plan is developed. Each Affirmative Marketing Plan includes the following: •List of methods to inform the public, owners and potential tenants about fair housing laws and the City’s marketing policy; •Description of the efforts that will be made to conduct affirmative market housing units assisted with HOME funds; •Owners and leasing agents will place advertisements to market HOME-assisted units through local sources, public agencies and social service organizations; •Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that likely have contact with these populations; •Maintenance of records to document actions taken to affirmatively market HOME- assisted units and to assess marketing effectiveness; and •Description of actions that will be taken if requirements are not met.       Packet Pg. 658 CAPER 30 The property manager or owner certifies that affirmative marketing is used by providing a signed Certification of Continuing Program Compliance form and Management Plan or Affirmative Fair Housing Marketing Plan. During the Citys annual desk review, an examination of the properties’ Affirmative Marketing plan and file documentation of affirmative marketing efforts are reviewed for HOME rental projects consisting of five or more assisted units. The City allocates CDBG funds to promote fair housing by contracting with the Inland Fair Housing and Mediation Board to provide a variety of fair housing services. The City hosts a free quarterly workshop with Legal Aid Society of San Bernardino to educate public on tenant protection and fair housing rights. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics. Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j) In FY 2022-2023 there were no affordable housing projects started or completed. However in 2023 Arrowhead Phase 4 affordable housing project is in its design phase. Groundbreaking is scheduled for late 2023 or early 2024. With approximately 20.9% of the City’s families below the poverty level, the need for affordable housing continues to be a priority for the City. The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. To foster and maintain affordable housing in San Bernardino, the City has the following goals: Expand homeownership opportunities; Provide access to fair housing services; and Preserve and Rehabilitate Housing. For PY 2022-2023, actions taken by the City to foster and maintain affordable housing include: •Collaborated with Housing Partners I and Neighborhood Partnership Housing Services (designated CHDOs) to develop single-family homes on vacant city-owned properties to be sold to income-qualified families •Initiated the Owner Occupied Residential Rehabilitation Program that provides financial assistance to income-qualified San Bernardino homeowners to make necessary repairs to their homes. •Implemet plans and partnershis to assist chronically homeless person(s) find housing.       Packet Pg. 659 CAPER 31 CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours 0 0 0 Total Section 3 Worker Hours 0 0 0 Total Targeted Section 3 Worker Hours 0 0 0 Table 14 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers.1 Direct, on-the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns.1 Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.1 Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work X health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding child care. Assisted residents to apply for, or attend community college or a four year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies.       Packet Pg. 660 CAPER 32 Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. Other. Table 15 – Qualitative Efforts - Number of Activities by Program Narrative The City made Section 3 efforts for a paving project conducted in 2022-2023 program year. Although no qualitative measures were attained. The efforts taken to comply with the statutory and regulatory requirements of Section 3 are as follows: The project’s contractor sought out qualified DBE, MBE, WBEs, Section 3, and invited them to bid on the project, to provide quotes for the following scopes: traffic control, traffic control plan, equipment rental, trucking, surveying, signing, striping, utilities adjusting, crack sealing, tree removal, and underground drainage. Proof of outreach invitation are retained in the project files. All emails and faxes were sent and tracked through DBEGoodFaith.com’s automated solicitation and logging system.       Packet Pg. 661 CAPER 33 CR-60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in e-snaps For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information Recipient Name SAN BERNARDINO Organizational DUNS Number 073604563 UEI EIN/TIN Number 956000772 Indentify the Field Office LOS ANGELES Identify CoC(s) in which the recipient or subrecipient(s) will provide ESG assistance San Bernardino City & County CoC ESG Contact Name Prefix Mrs First Name Mary Middle Name Last Name Lanier Suffix Title Interim Director of Community and Economic Development ESG Contact Address Street Address 1 290 N D Street Street Address 2 City San Bernardino State CA ZIP Code 92418- Phone Number 9093845357 Extension 3329 Fax Number Email Address lanier_ma@sbcity.org ESG Secondary Contact Prefix Ms First Name Cassandra Last Name Searcy       Packet Pg. 662 CAPER 34 Suffix Title Deputy Director Housing & Homelessness Phone Number 9093847270 Extension Email Address searcy_ca@sbcity.org 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2021 Program Year End Date 06/30/2022 3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name City State Zip Code DUNS Number UEI Is subrecipient a vistim services provider Subrecipient Organization Type ESG Subgrant or Contract Award Amount       Packet Pg. 663 CAPER 35 CR-65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 18 – Shelter Information       Packet Pg. 664 CAPER 36 4d. Street Outreach Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 19 – Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 20 – Household Information for Persons Served with ESG 5. Gender—Complete for All Activities Total Male 0 Female 0 Transgender 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 21 – Gender Information       Packet Pg. 665 CAPER 37 6. Age—Complete for All Activities Total Under 18 0 18-24 0 25 and over 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 22 – Age Information 7. Special Populations Served—Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Served – Prevention Total Persons Served – RRH Total Persons Served in Emergency Shelters Veterans 0 0 0 0 Victims of Domestic Violence 0 0 0 0 Elderly 0 0 0 0 HIV/AIDS 0 0 0 0 Chronically Homeless 0 0 0 0 Persons with Disabilities: Severely Mentally Ill 0 0 0 0 Chronic Substance Abuse 0 0 0 0 Other Disability 0 0 0 0 Total (Unduplicated if possible)0 0 0 0 Table 23 – Special Population Served       Packet Pg. 666 CAPER 38 CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units – Rehabbed Number of New Units – Conversion Total Number of bed - nigths available 82 Total Number of bed - nights provided Capacity Utilization Table 24 – Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) There is no specific date down to the City level for age, gender, special populations. The following information stems from the CoC. There were 4,195 adults and children who were counted as homeless during the 2023 Point-in-Time Count and Survey. The previous point-in-time homeless count and survey was completed in 2022 during which 3,333 persons were counted. 2023 homless count was 4,195. A comparison of last two counts reveals that: •862 more persons were counted in 2023, which represents an increase of 25.9%; •587 more persons were counted as unsheltered in 2023 when compared to the unsheltered count in 2022, which represents an increase of 24.6% •275 more persons were counted as sheltered in 2023 when compared to the sheltered count in 2022, which represents an increase of 29.1%. The number of persons counted as unsheltered and sheltered in 2018 was 2,118 and 4,195 in 2023, which represents an increase of 2,077 persons or 98.1%. The City’s total sheltered homeless counted population is 276 in 2023 of which 209 are transitional housing units. Total sheltered and unsheltered homeless population in the City is 1,502 in 2023. The city is one of the largest homeless jurisdictions in the County. From 2022 to 2023 the total number of homeless population in the city went up 11%.       Packet Pg. 667 CAPER 39 CR-75 – Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Dollar Amount of Expenditures in Program Year 2019 2020 2021 Expenditures for Rental Assistance 18,938 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention 18,938 0 0 Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing Dollar Amount of Expenditures in Program Year 2019 2020 2021 Expenditures for Rental Assistance 10,300 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re-Housing 10,300 0 0 Table 26 – ESG Expenditures for Rapid Re-Housing       Packet Pg. 668 CAPER 40 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2019 2020 2021 Essential Services 54,773 0 0 Operations 0 0 0 Renovation 0 0 0 Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 54,773 0 0 Table 27 – ESG Expenditures for Emergency Shelter 11d. Other Grant Expenditures Dollar Amount of Expenditures in Program Year 2019 2020 2021 Street Outreach 38,963 0 38,693 HMIS 0 0 3,641 Administration 16,506 0 21,490 Table 28 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2019 2020 2021 203,304 139,480 0 63,824 Table 29 - Total ESG Funds Expended       Packet Pg. 669 CAPER 41 11f. Match Source 2019 2020 2021 Other Non-ESG HUD Funds 0 0 0 Other Federal Funds 131,231 0 0 State Government 0 0 0 Local Government 0 0 0 Private Funds 91,504 0 0 Other 11,101 0 0 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 233,836 0 0 Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total Total Amount of Funds Expended on ESG Activities 2019 2020 2021 437,140 373,316 0 63,824 Table 31 - Total Amount of Funds Expended on ESG Activities       Packet Pg. 670 1 FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN       Packet Pg. 671 Annual Action Plan 2022-2023 1 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants: Community Development Block Grant (CDBG) HOME Investment Partnerships Program (HOME) Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are: Homelessness and homelessness issues (i.e., supportive housing) Access to affordable housing Street infrastructure (i.e., road maintenance and street lighting) Joblessness/job creation Packet Pg.1337       Packet Pg. 672 Annual Action Plan 2022-2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations. Priorities Objectives/Goals The following goals outlined in the Consolidated Plan and to be implemented during the FY 22-23 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals: 1.Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 2.Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. 3.Expand Homeownership Opportunities: Fund construction of three (3) single family homes, city- wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 4.New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects. 5.Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF; 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF; Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN- 180,000 SF. Summary of some of the findings used to determine priority needs 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households. Approximately 23.7% live in poverty San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count. City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, Packet Pg.1338       Packet Pg. 673 Annual Action Plan 2022-2023 3 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five owner occupied Housing Rehabilitation projects. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 21-22, the City completed the construction on Three (3) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 21-22, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. Improve Public Facilities and Infrastructure - In FY 21-22, the City worked on the following projects which are expected to be completed by September of 2022: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG. Packet Pg.1339       Packet Pg. 674 Annual Action Plan 2022-2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Provide rental assistance and preserve existing affordable rental housing - In FY 21-22, 105.4 units were monitored and 75.8 were physically inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction - In FY 21-22, the fourth phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed. 4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings: Virtual Community Workshop. Stakeholder Interviews; and Online Survey. The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on June 15, 2022. The draft plan will be made available for public review between June 15, 2022, and July 20, 2022 on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish). 5. Summary of public comments The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services 2. Transitional housing (short-term up to 6 months Packet Pg.1340       Packet Pg. 675 Annual Action Plan 2022-2023 5 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 6. Summary The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) Packet Pg.1341       Packet Pg. 676 Annual Action Plan 2022-2023 6 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency Lead Agency CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Finance Department, Marim Fam, at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-5345 or via email at fam_ma@sbcity.org. Packet Pg.1342       Packet Pg. 677 Annual Action Plan 2022-2023 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Packet Pg.1343       Packet Pg. 678 Annual Action Plan 2022-2023 8 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove. The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness. The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households. The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead- Packet Pg.1344       Packet Pg. 679 Annual Action Plan 2022-2023 9 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office. The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of Packet Pg.1345       Packet Pg. 680 Annual Action Plan 2022-2023 10 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Packet Pg.1346       Packet Pg. 681 Annual Action Plan 2022-2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 1 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 2 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 3 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community Packet Pg.1347       Packet Pg. 682 Annual Action Plan 2022-2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 4 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization SAN BERNARDINO Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Hazard Mitigation & Local 5 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan. Packet Pg.1348       Packet Pg. 683 Annual Action Plan 2022-2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013-2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element Housing Authority County of San Bernardino (HACSB) Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included. Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding. Packet Pg.1349       Packet Pg. 684 Annual Action Plan 2022-2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2022-2023 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account. Packet Pg.1350       Packet Pg. 685 Annual Action Plan 2022-2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Response / attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Residents of Public and Assisted Housing Low Income persons No responses were received. No responses were received. Because comments were not received there is no summary of comments not accepted. http:iecn.com/newspaper s/el-chicano/ https://www.sbsun.com Packet Pg.1351       Packet Pg. 686 Annual Action Plan 2022-2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of Response / attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 2 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing No responses were received. No responses were received. Because comments were not received there is no summary of comments not accepted. www.sbcity.org/housing Packet Pg.1352       Packet Pg. 687 Annual Action Plan 2022-2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of Response / attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 3 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing members of the public attended the July 20, 2022 public hearing. TBD TBD Table 4 – Citizen Participation Outreach Packet Pg.1353       Packet Pg. 688 Annual Action Plan 2022-2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021)Packet Pg.1354       Packet Pg. 689 Annual Action Plan 2022-2023 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly and prepare the Annual Action Plans reflective of the funding reality. Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,112,512 0 0 3,112,512 6,400,000 Funding for program year 2021 includes the City’s HUD allocation, estimated program income, and prior year resources. Packet Pg.1355       Packet Pg. 690 Annual Action Plan 2022-2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,569,520 200,000 0 1,769,520 2,900,000 The City plans to invest its HOME dollars affordable housing projects; Infill Housing Program (homeownership) Packet Pg.1356       Packet Pg. 691 Annual Action Plan 2022-2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 278,068 37,512 0 315,580 560,000 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re- Housing, Rental Assistance, Homelessness Prevention (HP) and Financial Assistance. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Packet Pg.1357       Packet Pg. 692 Annual Action Plan 2022-2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Federal Resources Section 8 Housing Choice Voucher Program Federal Low-Income Housing Tax Credit Program Tax Exempt Bond Financing Community Investment Funds from Dignity Health State Resources Tax Exempt bonds State Low-Income Housing Tax Credit Program No Place Like Home Community Reinvestments Funds Permanent Local Housing Allocation (PLHA) from California State Department of Housing Veteran Housing and Homeless Prevention Program Local Resources San Bernardino County Continuum of Care Housing Authority of San Bernardino County (HACSB) Private Resources Dignity Health San Manuel Band of Mission Indians San Bernardino Unified School District City of San Bernardino Successor Housing Agency Packet Pg.1358       Packet Pg. 693 Annual Action Plan 2022-2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs. In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2021- 2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. Packet Pg.1359       Packet Pg. 694 Annual Action Plan 2022-2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single- family ownership housing. Packet Pg.1360       Packet Pg. 695 Annual Action Plan 2022-2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $788,803 Jobs created/retained: 214 Jobs Businesses assisted: 20 Businesses Assisted 2 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 2700 Persons Assisted 3 Expand Home Ownership 2020 2025 Affordable Housing CityWide LMI Areas of the City Expand Home Ownership HOME: $937,000 Homeowner Housing Added: 3 Household Housing Unit 4 New Affordable Housing Projects 2020 2025 Affordable Housing LMI Areas of the City Expand Home Ownership Opportunities HOME: $675,568 Expand Homeownership opportunities: 15 Households Assisted 5 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide Improve Facilities and Infrastructure CDBG: $1,628,207 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1500 Persons Assisted Packet Pg.1361       Packet Pg. 696 Annual Action Plan 2022-2023 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $315,580 Public service activities other than Low/Moderate Income Housing Benefit: 612 Persons Assisted 7 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $622,502 HOME: $156,952 ESG: $20,855 Other: 1 Other Table 6 – Goals Summary Goal Descriptions Goal Name Promote Economic Development1 Goal Description Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. Goal Name Fair Housing2 Goal Description Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. Goal Name Expand Home Ownership3 Goal Description Infill Housing Project to create a total of six (6) new houses throughout San Bernardino and will also include down payment assistance for first-time homebuyers between 70%-80% AMI. Packet Pg.1362       Packet Pg. 697 Annual Action Plan 2022-2023 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name New Affordable Rental Housing4 Goal Description Create new affordable rental units Goal Name Improve Facilities and Infrastructure5 Goal Description The City has proposed to fund Citywide Pavement Rehabilitation at these locations: 10th Street between F street and G street - Ward 1 49th Street between Sepulveda Avenue and End. - Ward 4 Rialto Avenue from Mt. Vernon and Muscott - Ward 3 Goal Name Provide Homeless and Homeless Prevention Services6 Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted. Goal Name Planning and Administration7 Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. Packet Pg.1363       Packet Pg. 698 Annual Action Plan 2022-2023 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration. Projects #Project Name 1 Section 108 Repayment Program - Promote Economic Development 2 Street Improvements 3 Fair Housing 4 Infill Housing Project 5 New Affordable Housing Projects 6 Arrowhead Grove - Phase 4 7 Homeless Services 8 Planning and Administration, CDBG, HOME, ESG Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness. Packet Pg.1364       Packet Pg. 699 Annual Action Plan 2022-2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Packet Pg.1365       Packet Pg. 700 Annual Action Plan 2022-2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name Section 108 Debt Repayment Program - Promote Economic Development Target Area LMI Areas of the City Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $788,803 Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 1 Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project. Project Name Street Improvements Target Area LMI Areas of the City Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $1,628,207 Description Three (3) streets have been identified for sidewalk replacement and ADA accessibility improvements. Target Date 6/30/2023 2 Estimate the number and type of families that will benefit from the proposed activities Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets. Packet Pg.1366       Packet Pg. 701 Annual Action Plan 2022-2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The City has proposed to fund Citywide Pavement Rehabilitation. 1. 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF 2. 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF 3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF Planned Activities Street improvements and ADA compliance. Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide 3 Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Project Name Infill Housing Project Target Area CityWide Goals Supported Expand Home Ownership 4 Needs Addressed Expand Home Ownership Packet Pg.1367       Packet Pg. 702 Annual Action Plan 2022-2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding HOME: $937,000 NPHS: $455,000 MECH: $182,000 ($105,000 new request + $77,000 from HOME reprogramed funds) Down payment assistance: $300,000 Description Infill Housing Project construction of new houses by two developers – Mary Erickson Community Housing (MECH) and Neighborhood Partnership Housing Services (NPHS). Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The program will create 6 new houses. Additionally, three homebuyers with AMI’s between 70%-80% will receive down payment assistance up to $100,000 each to purchase one of three infill homes. Location Description Citywide Planned Activities Construction Project Name Planning and Administration, CDBG, HOME, ESG Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG:$622,502 HOME: $156,952 ESG: $20,855 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. 5 Target Date 6/30/2023 Packet Pg.1368       Packet Pg. 703 Annual Action Plan 2022-2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Citywide Planned Activities Grant and Project Management Project Name Affordable Housing Projects Target Area CityWide Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding HOME: $675,568 Description Construction of Single-Family homes and loans for rehabilitation of single family homes. Applicant incomes are to be at or below 80% of Area Median Income. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities At or below 80% of Area Median Income. Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD. 6 Planned Activities Construction of Permanent Supportive Housing (PSH) project for very low to low income residents Project Name Homeless Services - Provide Supportive Services and ESG Administration Target Area Citywide Goals Supported Provide Supportive Services Needs Addressed Homeless Funding ESG: $294,725 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. 7 Target Date 6/30/2023 Packet Pg.1369       Packet Pg. 704 Annual Action Plan 2022-2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Approximately 300 persons at very low income to zero income will benefit from the proposed activities. Location Description Citywide Planned Activities Homeless supportive services Packet Pg.1370       Packet Pg. 705 Annual Action Plan 2022-2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2022-2023 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and 8.1 percent is comprised of two or more races. See attached maps in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds CityWide 100 CDBG Eligible Census Tract and Block Group 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2022-2023 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2022-2023 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. Discussion As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual Packet Pg.1371       Packet Pg. 706 Annual Action Plan 2022-2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve low- and moderate-income households. Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries. Packet Pg.1372       Packet Pg. 707 Annual Action Plan 2022-2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value (Data Source: 2011-2015 ACS). Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase. Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units. The City’s housing market has increased over the past few years. In 2015, the median income in the City Packet Pg.1373       Packet Pg. 708 Annual Action Plan 2022-2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened. Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month. One Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 349 Special-Needs 0 Total 949 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600 The Production of New Units 349 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 949 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion Introduction continued: Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in Packet Pg.1374       Packet Pg. 709 Annual Action Plan 2022-2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) order to extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower- income households. Discussion: The table “One Year Goals for the Number of Households to be Supported” consists of 349 non-homeless households to be supported. New Infill Housing construction of three (3) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)). Packet Pg.1375       Packet Pg. 710 Annual Action Plan 2022-2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. Packet Pg.1376       Packet Pg. 711 Annual Action Plan 2022-2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) As for homeownership opportunities, the City has initiated an 750 Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion There is no discussion relative to the designation of the county PHA. Packet Pg.1377       Packet Pg. 712 Annual Action Plan 2022-2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter. The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with Packet Pg.1378       Packet Pg. 713 Annual Action Plan 2022-2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, Packet Pg.1379       Packet Pg. 714 Annual Action Plan 2022-2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Packet Pg.1380       Packet Pg. 715 Annual Action Plan 2022-2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the Packet Pg.1381       Packet Pg. 716 Annual Action Plan 2022-2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on- site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. Packet Pg.1382       Packet Pg. 717 Annual Action Plan 2022-2023 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. Packet Pg.1383       Packet Pg. 718 Annual Action Plan 2022-2023 48 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows: High Priority Preserve and Rehabilitate Housing Expand Homeownership Opportunities Provide Homeless and Homeless Prevention Services Low Priority New Affordable Rental Housing Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs Eliminate identified impediments to fair housing through education, enforcement, and testing Planning and Administration – CDBG, HOME, ESG New Affordable Housing Construction or Rehabilitation Expand Homeownership opportunities – Infill Housing First-Time Homeownership – CHDO 15% set-aside Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing Packet Pg.1384       Packet Pg. 719 Annual Action Plan 2022-2023 49 OMB Control No: 2506-0117 (exp. 09/30/2021) The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner- Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support: An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. The efforts of HACSB, who provides rental assistance and conventional housing to low-income households. The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to Packet Pg.1385       Packet Pg. 720 Annual Action Plan 2022-2023 50 OMB Control No: 2506-0117 (exp. 09/30/2021) coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Packet Pg.1386       Packet Pg. 721 Annual Action Plan 2022-2023 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income:0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as Packet Pg.1387       Packet Pg. 722 Annual Action Plan 2022-2023 52 OMB Control No: 2506-0117 (exp. 09/30/2021) follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. Packet Pg.1388       Packet Pg. 723 Annual Action Plan 2022-2023 53 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: (a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. (c) In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. Packet Pg.1389       Packet Pg. 724 Annual Action Plan 2022-2023 54 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. Packet Pg.1390       Packet Pg. 725 Annual Action Plan 2022-2023 55 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1.Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26). 2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3.Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their Packet Pg.1391       Packet Pg. 726 Annual Action Plan 2022-2023 56 OMB Control No: 2506-0117 (exp. 09/30/2021) contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. Packet Pg.1392       Packet Pg. 727 Annual Action Plan 2022-2023 57 OMB Control No: 2506-0117 (exp. 09/30/2021) As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5.Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained Packet Pg.1393       Packet Pg. 728 Annual Action Plan 2022-2023 58 OMB Control No: 2506-0117 (exp. 09/30/2021) mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. Packet Pg.1394       Packet Pg. 729 Annual Action Plan 2022-2023 59 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments Packet Pg.1395       Packet Pg. 730 Annual Action Plan 2022-2023 60 OMB Control No: 2506-0117 (exp. 09/30/2021)Packet Pg.1396       Packet Pg. 731 Annual Action Plan 2022-2023 61 OMB Control No: 2506-0117 (exp. 09/30/2021)Packet Pg.1397       Packet Pg. 732 EXHIBIT B FISCAL YEAR 2022-2023 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS Activity CDBG Requested ESG HOME Grant Fund Allocation $3,112,512 $278,068 $1,569,520 Reprogrammed Fund $-$37,512 $200,000 Total - 2022 Available Grant Fund $3,112,512 $315,580 $1,769,520 Administration (maximum available)$622,502 $20,855 $156,952 Section 108 Repayment $788,803 Fair Housing (IFHMB)1 $73,000 CDBG Program Total $1,484,305 Public Facilities Projects Street Improvements2 $1,628,207 Public Facilities Projects Total $1,628,207 $-$- Housing Programs/Projects Infill Housing $937,000 Affordable Housing Projects $675,568 Housing Programs/Projects Total $-$-$1,612,568 Homeless Assistance Lutheran Social Services (LSS)$70,000 Step Up on Second $87,624 $- Salvation Army - Hospitality House $100,000 Community Action Partnership $25,000 Homeless Assistance Program $12,101 Homeless Assistance Total Total Requested $3,112,512 $315,580 $1,769,520 1Required for all jurisdictions receiving CDBG funds. 2Below are the streets to be improved: 10th Street between F street and G street - Ward 1 49th Street between Sepulveda Avenue and End. - Ward 4 Rialto Avenue from Mt. Vernon and Muscott - Ward 3 Draft as of 6/21/22 Packet Pg.1398       Packet Pg. 733 Demo Consolidated Plan SAN BERNARDINO 1 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 734 Demo Consolidated Plan SAN BERNARDINO 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of San Bernardino (City) is an entitlement City that receives federal funding from the US Department of Housing and Urban and Development (HUD). The City receives funds through the Community Development Block Grant (CDBG) program, HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG). The CDBG entitlement program provides formula funding to cities and counties to address community development needs. Seventy percent of gross funding must be used to serve low- to moderate-income households. Eligible activities must meet one of the following national objectives for the program: • Benefit low- and moderate-income persons • Prevent or eliminate slums or blight • Address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available The HOME entitlement program provides formula grant funding for a wide range of activities including building, purchasing, and/or rehabilitating affordable housing for rent or homeownership and providing direct rental assistance to low-income households. The program’s flexibility allows states and local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancements, or rental assistance or security deposits. The ESG program provides formula grant funding to cities and counties to engage homeless individuals and families living on the street, rapidly re-house homeless individuals and families, help operate and provide essential services in emergency shelters for homeless individuals and families, and prevent individuals and families from becoming homeless. The Consolidated Plan (ConPlan) is a five-year planning document. This plan covers the period from fiscal year 2020-21 through fiscal year 2024-25. The purpose of the ConPlan is to guide a jurisdiction to: • Assess their affordable housing and community development needs and market conditions; • Make data-driven, place-based investment decisions; and • Conduct community-wide discussions to identify housing and community development priorities that align and focus on eligible activities for CDBG funding. Recipients of CDBG and HOME funding must also prepare and submit to HUD an Annual Action Plan (AAP) that describes in detail, each year, how the ConPlan will be carried out. The AAP must provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the ConPlan. Additionally, at the end of each fiscal year, jurisdictions must complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) to report on the accomplishments and progress toward the       Packet Pg. 735 Demo Consolidated Plan SAN BERNARDINO 3 OMB Control No: 2506-0117 (exp. 06/30/2018) ConPlan’s goals. The City anticipates approximately $15,000,000 in CDBG funds, $6,000,000 in HOME funds, and $1,400,000 in ESG funds during the 2020-2025 ConPlan period. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The objective of the Needs Assessment is to gather information from the community and all partners, as well as demographic and economic data regarding the City’s homeless population, need for affordable housing, special needs population, and community development needs. This information is used to make data-driven decisions to establish priority community needs and strategies based on current conditions, expected funds, and local capacity. Through data collection, outreach, and analysis presented in this plan, a clear outline of the City’s priority needs is formed, along with the projects and facilities that are most likely to aid in the City’s development. A summary of needs identified in the City of San Bernardino include: •Rehabilitation of single-family owner-occupied housing and rental units •Housing for households below 80% area median income •Expanding homeownership •Homeless services and homeless prevention services •Economic development •Improvement of facilities and infrastructure •Fair housing services See Needs Assessment (NA) section beginning on page 26 for additional discussion on these identified needs.       Packet Pg. 736 Demo Consolidated Plan SAN BERNARDINO 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Strategic Plan Summary 3. Evaluation of past performance The City’s CDBG, HOME, and ESG funds successfully contributed to several projects over the last five years. Those projects have contributed to improved housing affordability and expanded economic opportunities for low- and moderate-income households. Affordable Housing. HOME funds were used to construct new homeowner housing and CDBG funds were used to rehabilitate existing housing. For example, in FY 2018-2019, three new homeowner units were added, and seven homeowner houses were rehabilitated. Additionally, in FY 2019-2020, the City anticipates adding eight new single-family ownership units for households earning between 50 and 80 percent AMI. Fair Housing. CDBG funds were used to contract with the Inland Fair Housing Mediation Board to provide fair housing services, including landlord/tenant mediation, housing counseling, alternative dispute resolution, and senior services to San Bernardino residents. For example, in FY 2018-2019, approximately 2,700 residents were served. For FY 2019-2020, the City anticipates serving approximately 3,300 residents. Homelessness. ESG funds were used to connect homeless individuals to services, such as street outreach, rapid rehousing, emergency shelter, and homeless prevention services. As of FY 2018-19, 566 people were served through these programs. Additionally, in FY 2018-2019, the City assisted in the acquisition and rehabilitation of a 38-unit apartment complex to assist homeless households into       Packet Pg. 737 Demo Consolidated Plan SAN BERNARDINO 5 OMB Control No: 2506-0117 (exp. 06/30/2018) permanent supportive housing. In FY 2019-2020, the City anticipates serving 350 persons experiencing homelessness. 4. Summary of citizen participation process and consultation process Robust community engagement was achieved through engaging a diverse group of stakeholders to identify priorities, concerns, and values. The feedback provided through the community engagement process supported the development of this ConPlan, including the development of housing and community development needs, priorities, goals, and strategies for funding allocation. For the purposes of this plan, the community outreach included residents, business owners, and interest groups. Targeted outreach was provided to youth, elderly, racial and ethnic minorities, renters and property owners, and business owners across the City. Leveraging existing stakeholder contacts, recognizing underrepresented stakeholders, and identifying new stakeholders was integral to the process of reaching the greater San Bernardino community and ensuring a broad depth of participation. The City announced the various community engagement opportunities through its social media, newspaper noticing, and email blasts. Members of the public had the following opportunities for participation and comment, all of which were offered throughout San Bernardino during the ConPlan process: •Public Meetings: Walk-in meetings were held across the City so that members of the public could describe what needs and concerns they see in their community. •Housing Summit: A housing summit was held for community leaders, agency representatives, service providers, planning professionals, developers, and business owners to learn and exchange information about the current state of housing and development in the City. •Stakeholder Interviews: Various local organizations were interviewed to receive feedback on the most pressing priorities and needs of target populations. •Pop-Up Events: Structured for short interactions, the pop-up took the form of a booth set up at an event to allow access to a specific stakeholder group. Feedback provided at pop-up events was collected through interactive exercises (dot votes, etc.) or verbal responses to big picture questions. •Online Feedback Collection (Survey): To broadly access and efficiently obtain information from a large number of geographically distributed citizens, an online survey was prepared. The survey provided an opportunity to leave additional, relevant comments. The survey was announced through City media outlets and disseminated through key community liaisons or stakeholders with access to resident and community groups, business owners, and interest groups. A detailed summary of community engagement, including participation, methods, and feedback, can be found in Sections PR-10 (Consultations) and PR-15 (Citizen Participation) of this ConPlan. 5. Summary of public comments       Packet Pg. 738 Demo Consolidated Plan SAN BERNARDINO 6 OMB Control No: 2506-0117 (exp. 06/30/2018) The regional meetings yielded numerous public comments that identified priorities for residents of the City. High priorities identified during the meetings included: •Affordable housing •Housing and mental health programs for people with disabilities •Veterans homelessness assistance •Street outreach to homeless individuals •Jobs •Neighborhood revitalization •Pedestrian and traffic improvements Stakeholders provided feedback on the priority needs of the City. Priority needs related to housing, services, and public facilities were summarized into several overarching themes including to: •Increase affordable housing; •Increase housing opportunities and services for homeless individuals, including homeless prevention; •Provide respite care for homeless individuals discharged from hospitals; and •Enable emergency/natural disaster resiliency for homeless individuals and low-income families. Community members provided feedback via the community needs survey. The highest areas of need included: •Infrastructure •Homeless services •Economic development (jobs/businesses) 6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the plan. 7. Summary This 2020-2025 ConPlan combines resident feedback, demographic data and analysis, community stakeholder input, and consideration of City resources, goals, other relevant plans, and policies. The results of this combined effort and analysis is the City’s five-year Strategic Plan for the allocation of CDBG, HOME, and ESG funds and activities. These funds will focus on preserving affordable housing, improving community facilities and infrastructure, providing public services to homeless individuals, and improving neighborhood conditions.       Packet Pg. 739 Demo Consolidated Plan SAN BERNARDINO 7 OMB Control No: 2506-0117 (exp. 06/30/2018) The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative The City of San Bernardino (City) is the lead and responsible agency for the US Department of Housing and Urban Development’s (HUD) entitlement programs in San Bernardino. The City’s Housing Division is responsible for administering the City’s HUD entitlement grants, including CDBG, HOME, and ESG. Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD. By federal law, the City is required to submit a five-year ConPlan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds. The ConPlan helps local jurisdictions to assess their affordable housing and community development needs and market conditions to meet the housing and community development needs of its populations. Consolidated Plan Public Contact Information Gretel K. Noble Housing Division Manager Community & Economic Development Department 201 North E Street       Packet Pg. 740 Demo Consolidated Plan SAN BERNARDINO 8 OMB Control No: 2506-0117 (exp. 06/30/2018) 3rd Floor San Bernardino, CA 92401 Tel: (909) 384-7270 Email: noble_gr@sbcity.org Website: www.ci.san-bernardino.ca.us       Packet Pg. 741 Demo Consolidated Plan SAN BERNARDINO 9 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and 91.315(I) 1. Introduction The consultation section of the ConPlan provides detailed information about the agencies, offices, staff and interested parties that were interviewed or consulted during the engagement process. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City of San Bernardino created a comprehensive community engagement program. Community engagement is key for helping the City to identify needs, priorities, goals, strategies, and activities for future housing and community development activities over the five-year Consolidated Plan period. Engagement activities included a community survey, community meetings, pop-up events, a housing summit, and stakeholder consultations. As a part of the stakeholder consultation process, the City consulted with a variety of stakeholders, including local and regional community-based organizations, health and mental and behavioral health care providers, and housing service organizations. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness Homelessness. During the development of its ConPlan and Annual Plans and as a general practice, the City coordinated with a variety of housing/shelter organizations, public and mental health agencies, and service providers to discuss community needs. Examples of those consulted include Salvation Army â¿¿ Hospitality House, Dignity Health, Inland Valley Recovery Services, and Community Action Partnership of San Bernardino County; for a complete list see Table 2 below. Their collective feedback was especially valuable in gathering information and shaping priorities for this plan as it relates to special needs populations, general health, and mental health services in the City. Through this process, the City interviewed the Continuum of Care (CoC) to ascertain the needs of homeless individuals throughout the City as well as the organizational needs and challenges of the CoC itself. The CoCâ¿¿s feedback will be used to shape the goals identified in this ConPlan, which will then address the needs of homeless individuals in the City. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS       Packet Pg. 742 Demo Consolidated Plan SAN BERNARDINO 10 OMB Control No: 2506-0117 (exp. 06/30/2018) The San Bernardino County Homeless Partnership (SBCHP) is the administrator of the regional CoC, which serves the entire County. The City continuously coordinates with the CoC to end and prevent homelessness in the County. The CoC is a group composed of stakeholders throughout the County, including governmental agencies, homeless service and shelter providers, homeless persons, housing advocates, affordable housing developers, and various private parties, including businesses and foundations. The SBCHP is a collaboration among community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and federal, state, and local governments. The partnership focuses on addressing issues of homelessness within the County. The SBCHP was developed to direct the planning, development, and implementation of the Countyâ¿¿s 10-year Strategy to end chronic homelessness. The partnership leads the creation of a comprehensive network to deliver much-needed services to the homeless and to families and individuals at risk of homelessness through careful planning and coordination among all entities that provide services and resources to prevent homelessness. The Cityâ¿¿s ConPlan is aligned with the SBCHPâ¿¿s 10-year Strategy to end chronic homelessness. According to the Cityâ¿¿s ESG Policies and Procedures, consultation takes place with participation of City officials, staff serving on the CoC Governance Board, and the Advisory Committee of the CoC Board. In these roles, the City participates in setting local priorities, certifying need, and the annual review of ESG programs. The Community and Economic Development Department serves as the administrative entity for the ESG and compiles program documentation which includes information about the responsibilities of the CoC and ESG programs, HUD regulations, and policy statements such as coordinated entry system, prioritization and Homeless Management Information System (HMIS) participation. Compiled data is used to report on project outcomes to HUD through the ESG CAPER. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities       Packet Pg. 743 Demo Consolidated Plan SAN BERNARDINO 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Services-Health What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Market Analysis 1 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community meeting and provided input to help prioritize the community needs in the City. Agency/Group/Organization National CORE - Hope Through Housing Foundation Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs 2 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community forum and provided input to help prioritize the community needs of the City. Agency/Group/Organization NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC. Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 3 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community forum and provided input to help prioritize the community needs of the City. Agency/Group/Organization Omnitrans4 Agency/Group/Organization Type Transit       Packet Pg. 744 Demo Consolidated Plan SAN BERNARDINO 12 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization County of San Bernardino Homeless Partnership Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 5 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization San Bernardino County Department of Behavioral Health Agency/Group/Organization Type Services-Health What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 6 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Project Fighting Chance Agency/Group/Organization Type Services-Children 7 What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy       Packet Pg. 745 Demo Consolidated Plan SAN BERNARDINO 13 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization INLAND FAIR HOUSING AND MEDIATION BOARD Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment 8 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization SALVATION ARMY Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 9 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Center for Employment Opportunities Agency/Group/Organization Type Services-Employment What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy 10 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Inland Valley Recovery Services, Inc.11 Agency/Group/Organization Type Services-Health       Packet Pg. 746 Demo Consolidated Plan SAN BERNARDINO 14 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization FOUNDATION FOR CSU SAN BERNARDINO Agency/Group/Organization Type Services-Health Civic Leaders What section of the Plan was addressed by Consultation? Market Analysis 12 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Inland Congregations United for Change Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment 13 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY Agency/Group/Organization Type Services-Children Services-homeless Services-Health Services-Employment 14 What section of the Plan was addressed by Consultation? Housing Need Assessment       Packet Pg. 747 Demo Consolidated Plan SAN BERNARDINO 15 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Habitat for Humanity San Bernardino Area Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment 15 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization San Bernardino City Council Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment 16 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Wells Fargo Agency/Group/Organization Type Services - Housing Business and Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment 17 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Community Education Partnership Agency/Group/Organization Type Services-Education 18 What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs       Packet Pg. 748 Demo Consolidated Plan SAN BERNARDINO 16 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment 19 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization CATHOLIC CHARITIES SAN BERNARDINO/RIVERSIDE Agency/Group/Organization Type Services-Elderly Persons Services-homeless Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment 20 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization HOPE THROUGH HOUSING FOUNDATION Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment 21 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan.       Packet Pg. 749 Demo Consolidated Plan SAN BERNARDINO 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Agency/Group/Organization LOCAL INITIATIVES SUPPORT CORPORATION Agency/Group/Organization Type Housing Services-Health Services-Education Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment 22 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Step Up on Second Agency/Group/Organization Type Services-homeless Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment 23 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization MARY'S MERCY CENTER Agency/Group/Organization Type Services-homeless Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment 24 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Alvord Unified School District Agency/Group/Organization Type Services-Health Other government - State 25 What section of the Plan was addressed by Consultation? Housing Need Assessment       Packet Pg. 750 Demo Consolidated Plan SAN BERNARDINO 18 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Blair Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 26 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization El Sol Neighborhood Educational Center Agency/Group/Organization Type Services-Children Services-Health Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment 27 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization San Bernardino Staff Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 28 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE Agency/Group/Organization Type Housing 29 What section of the Plan was addressed by Consultation? Housing Need Assessment       Packet Pg. 751 Demo Consolidated Plan SAN BERNARDINO 19 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Housing Authority County of San Bernardino Agency/Group/Organization Type Housing Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment 30 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization San Bernardino Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 31 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Terrace West Housing Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 32 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Valon Consulting Agency/Group/Organization Type Business Leaders 33 What section of the Plan was addressed by Consultation? Economic Development       Packet Pg. 752 Demo Consolidated Plan SAN BERNARDINO 20 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization Wildwood Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment 34 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. Agency/Group/Organization TMobile Agency/Group/Organization Type Services - Broadband Internet Service Providers What section of the Plan was addressed by Consultation? Local mobile service provider 35 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? T-Mobile and AT&T were invited to attend the City's Housing Summit held in February, 2020. They participated in housing discussions and solutions at the Summit. Agency/Group/Organization San Bernardino Valley Municipal Water District Agency/Group/Organization Type Regional organization What section of the Plan was addressed by Consultation? Resiliency and water resources 36 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? As part of the consultation process SBVMWD was consulted to discuss water resources for existing and proposed future development as well as on-going issues related to water. Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement.       Packet Pg. 753 Demo Consolidated Plan SAN BERNARDINO 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Potential funding allocations to address homeless needs will complement the CoC strategy. 10 Year Strategy to End Homelessness Continuum of Care Potential funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. 2015-2023 Housing Element City of San Bernardino Barriers to and opportunities for affordable housing development analyzed in this plan were considered in the Market Assessment. The Housing element also provided resiliency data related to housing problems caused by flood prone areas and general water supply needs for all residents. General Plan City of San Bernardino The General Plan was reviewed particularly the Natural Resources, Energy and Water Conservation, and Utilities chapters. The City enforces the Unreinforced Masonry Law, 1998 related to seismic changes and earthquakes. The City enforces FEMA floodplain requirements particularly for the southeastern portions of the City which is prone to flooding. Table 3 – Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) The collaborative implementation of this ConPlan over the course of the next five years begins with the coordinated efforts of multiple public agencies working together to gather feedback and information for regional and local community needs and priorities. Once needs and priorities are identified, they are then incorporated into the City’s ConPlan, forming both regional and local strategies for addressing those needs and priorities. Furthermore, community outreach to local leaders, stakeholders, and residents is a critical first step in implementing this plan’s desired community changes. By successfully establishing relationships and trust between the government, those providing services or community improvements, and the beneficiaries of these services or improvements, the City and community can move toward a joint vision for what and how to make community improvements. The agencies, groups, and organizations who participated are listed in the table above. Other local/regional/federal planning efforts can be found above. Narrative (optional): City staff, with assistance from consultants, worked to involve housing, social service, and other agencies in the community engagement process including direct solicitation for these agencies to       Packet Pg. 754 Demo Consolidated Plan SAN BERNARDINO 22 OMB Control No: 2506-0117 (exp. 06/30/2018) participate in the community survey, community meetings, and stakeholder interviews. The City will continue to include them in future planning efforts. Agencies who were invited but did not participate are listed here: California Endowment; Cathedral of Praise International Ministries; Center for Individual Development; Central City Lutheran Mission; Clay Counseling Foundation; Community Investment Corporation; Diocese of San Bernardino; Enterprise Community Partners, Inc., Family Service Association of Redlands; Foothill AIDS Project, Grid Alternatives; Home of Neighborly Service; HomeAid Inland Empire; Inland Empire Health Plan; Inland Regional Center; Kaiser Permanente; Legal Aid of San Bernardino; LJR Intellect Academy; Lutheran Social Services of Southern California; Mental Health Systems; Mercy House Living Centers; Molina Healthcare; Mosiac Community Planning, LLC; New Generation for Jesus Christ; Option House; Project Life Impact; Provisional Euducational Services; Restoration House of Refuse, Inc.; San Bernardino Clergy Association; San Bernardino Community College District; San Bernardino County HOPE Team; San Bernardino Public Library; San Bernardino Sexual Assault Services; San Bernardino Unified School District; San Bernardino Valley College; Smooth Transition; Temple Missionary Baptist Church; Time for Change; Ureach-Loma Linda; US Vets; Youth Action Project. Stakeholders were asked questions and provided feedback on priorities, issues, and solutions in relation to CDBG- and HOME-eligible activities including housing, neighborhood revitalization, and low- to moderate-income household issues. They were asked about their top priorities, neighborhood revitalization, housing problems and their solutions, local organization support, families vulnerable to crisis, broadband internet issues, and how the jurisdiction should spend CDBG and HOME funding.       Packet Pg. 755 Demo Consolidated Plan SAN BERNARDINO 23 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Outreach is essential to the City’s ability to create an accurate and effective plan, and to allocate resources appropriately. The City attempted to reach as many residents as possible within specific demographics, such as low-income families, persons with disabilities, elderly persons, female- headed households, and parents/guardians of children. Receiving feedback from residents, especially those who may receive assistance from grant funds, is critical to the success of the CDBG program. The City reached out to practitioners, agencies, leaders, organizations, and companies who may have the specialized knowledge, experience, resources, and capacity to discuss needs, opportunities, solutions, investments, and how community improvements can be made. All City residents were encouraged to provide input on community needs through citizen participation opportunities. Community Needs Survey. This community survey was noticed through the newspaper, the City’s website, and distribution of flyers in both English and Spanish. The online and paper survey was made available to the public between January 7, 2020, and February 28, 2020. The survey was provided in English and Spanish. Data gathered from the survey provided community feedback needs for housing, public facilities, infrastructure, homelessness, economic development, and community services, as well as on local demographic data. A copy of the survey, along with the final results, can be found at the attached Community Engagement Summary. Public Meetings, Stakeholder Interviews, Pop-Up Events, and Housing Summit. Six public meetings were held in the City of San Bernardino, Stakeholder interviews, and a Housing Summit were conducted as part of the engagement program. Flyers were posted beforehand to inform the public of the meetings. To maximize attendance, they were offered at different locations and times of the day. Three meetings were held during the day and three were held in the evening. The Community Engagement Summary includes a flyer of the public meetings. A total of 65 people attended six meetings. Those in attendance included local residents, service providers, and members of the business community. Community engagement meeting notes held in January 2020 and input from stakeholders helped identify community priorities. Stakeholders were contacted either by phone or visited in person. Each stakeholder were asked a listing of questions that asked about their interaction with the city and future goals and priority needs over the next five years. A Housing Summit was held in the City of which a total of 65 people. Those in attendance included local residents, service providers, and members of the business community. The notes and feedback were helpful in identifying priorities, creating a dialogue with the attendees, and gaining input from stakeholders and the public. Six community engagement meetings were held in January 2020. Pop-Up events included a short dialogue and feedback were also obtained from the public. Three pop-up       Packet Pg. 756 Demo Consolidated Plan SAN BERNARDINO 24 OMB Control No: 2506-0117 (exp. 06/30/2018) events were attended: 1) San Berardino High School football game November 1, 2019, 2) San Bernardino Airshow on November 2, 2019, and 3) City of San Bernardino Winter Wonderland on December 14, 2019. Community Needs Surveys were distributed at the pop-up events and a total of 314 residents responded to the survey from these pop-up events (See attached Community Engagement Summary). Public Hearings and 30-Day Public Review Period of Draft Consolidated Plan The City will hold a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15, 2020, to review and approve the final plan. The City posted notice of the public hearings and draft ConPlan on February 27 for the first public hearing and March 12 for the second hearing. The 30-day public review period began on March 12, 2020 and ended on April 15, 2020.       Packet Pg. 757 Demo Consolidated Plan SAN BERNARDINO 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broad community A total of 65 individuals attended 6 public meetings. All meeting discussions are included in the Community Engagement Summary. The priority needs discussed at the meetings were: housing, housing programs for people with disabilities and mental health challenges, affordable housing, homelessness issues with veterans and chronic homeless individuals, employment services, at-risk youth programs, community facilities for at risk-youth, downtown revitalization and pedestrian safety through traffic calming on 9th, Olive and Valencia Ave.       Packet Pg. 758 Demo Consolidated Plan SAN BERNARDINO 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Housing Summit Non- targeted/broad community Service providers 41 attendees from 31 service providers and organizations. All Summit comments were documented in the Community Engagement Summary (See attached) All Summit comments were documented in the Community Engagement Summary (See attached) 3 Housing Summit Service providers, municipal staff, council 15 stakeholders were interviewed. All comments were documented in the Community Engagement Summary (See attached) All interview comments were documented in the Community Engagement Summary (See attached) All interview comments were documented in the Community Engagement Summary (See attached) 4 Housing Summit Non- targeted/broad community The survey received 1,011 responses. All survey information is documented in the Community Engagement Summary (See attached) All survey information is documented in the Community Engagement Summary (See attached) All survey information is documented in the Community Engagement Summary (See attached)       Packet Pg. 759 Demo Consolidated Plan SAN BERNARDINO 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 Housing Summit Non- targeted/broad community 314 responses All pop-up data is documented in the Community Engagement Summary (See attached) All pop-up data is documented in the Community Engagement Summary (See attached) 6 Newspaper Ad Non- targeted/broad community Newspaper, website flyers and email outreach was undertaken All news documents are documented in the Community Engagement Summary (See attached) All news documents are documented in the Community Engagement Summary (See attached) 7 Public Hearing Non- targeted/broad community There were no written or public comments from the public hearing. There were no written or public comments from the public hearing. There were no written or public comments from the public hearing. 8 Housing Summit Non- targeted/broad community There was no written or public comments during the 30-day public comment period. There was no written or public comments during the 30-day public comment period. There was no written or public comments during the 30-day public comment period. Table 4 – Citizen Participation Outreach       Packet Pg. 760 Demo Consolidated Plan SAN BERNARDINO 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Needs Assessment NA-05 Overview Needs Assessment Overview The Needs Assessment is a collection and analysis of data that assesses the extent of housing problems and housing needs for residents of the City of San Bernardino. The assessment focuses on affordable housing, special needs housing, community development, and homelessness. The information in this section was gathered from HUD’s Comprehensive Housing Affordability Strategy (CHAS) data, American Community Survey (ACS) data, and various other online and City resources. Stakeholder consultations conducted with public agencies, advocates, and local experts have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Findings are summarized below. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).A disproportionately greater need exists when the members of racial or ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the income level as a whole. Housing cost burden is the most common housing problem experienced by households in the City. As a whole, 23 percent of households in the City are cost burdened and 26 percent are severely cost burdened. While no households experience disproportionate need, Black/African American households have the highest rates of severe cost burden at 33 percent. A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. In the City, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction. The minority racial and ethnic groups were found to experience housing problems at a greater rate of incidence than the region as whole, often exhibiting disproportionate need. Asian, Black/African American, American Indian/Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem. The Housing Authority of the County of San Bernardino (HACSB) administers the housing choice voucher (HCV) program across the County, including the City, and manages the public housing units in the City. The HACSB manages multiple public housing units in the City: 154 public housing units at the Maplewood Homes Community, 338 units at Wilson Street Apartments, 400 units at Arrowhead Grove, and various scattered sites throughout the City. The HACSB is currently accepting applications (in early       Packet Pg. 761 Demo Consolidated Plan SAN BERNARDINO 29 OMB Control No: 2506-0117 (exp. 06/30/2018) 2020) for Crestview Terrace, a new community on the site of the former Waterman Gardens under construction in the City of San Bernardino. This property will have 116 new units for occupancy, ranging from one to five bedrooms. In addition to public housing, there are approximately 3,000 affordable units, and approximately 2,600 HCV holders live in the City.       Packet Pg. 762 Demo Consolidated Plan SAN BERNARDINO 30 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) Summary of Housing Needs Identified housing needs in the City include additional housing for single persons particularly the elderly and small families, housing that is affordable to those living below poverty levels, housing for persons living with disabilities, safe neighborhoods, and available affordable housing for the extremely low- income households. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness. LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home. Community engagement activities identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City. Demographics Base Year: 2009 Most Recent Year: 2015 % Change Population 209,924 214,115 2% Households 57,547 57,580 0% Median Income $39,405.00 $37,047.00 -6% Table 5 - Housing Needs Assessment Demographics Data Source:2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Number of Households Table 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households 13,335 9,795 10,630 6,275 17,550 Small Family Households 5,535 4,230 4,845 2,535 8,815 Large Family Households 2,765 2,225 2,574 1,404 3,150 Household contains at least one person 62-74 years of age 1,735 1,815 1,974 1,199 3,765 Household contains at least one person age 75 or older 1,085 975 895 509 1,350 Households with one or more children 6 years old or younger 4,204 2,905 3,040 1,610 2,319 Table 6 - Total Households Table Data Source:2011-2015 CHAS       Packet Pg. 763 Demo Consolidated Plan SAN BERNARDINO 31 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 764 Demo Consolidated Plan SAN BERNARDINO 32 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 355 100 120 20 595 40 0 45 4 89 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing)1,060 490 145 200 1,895 90 90 245 150 575 Overcrowded - With 1.01-1.5 people per room (and none of the above problems)1,535 905 735 335 3,510 250 375 575 380 1,580 Housing cost burden greater than 50% of income (and none of the above problems)5,310 2,510 370 25 8,215 1,390 1,110 744 170 3,414 Housing cost burden greater than 30% of income (and none of the above problems)555 1,860 2,454 815 5,684 300 785 1,540 804 3,429       Packet Pg. 765 Demo Consolidated Plan SAN BERNARDINO 33 OMB Control No: 2506-0117 (exp. 06/30/2018) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total Zero/negative Income (and none of the above problems)920 0 0 0 920 185 0 0 0 185 Table 7 – Housing Problems Table Data Source: 2011-2015 CHAS 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 8,265 4,005 1,370 580 14,220 1,770 1,575 1,604 710 5,659 Having none of four housing problems 1,525 2,525 4,059 2,480 10,589 670 1,685 3,590 2,505 8,450 Household has negative income, but none of the other housing problems 920 0 0 0 920 185 0 0 0 185 Table 8 – Housing Problems 2 Data Source: 2011-2015 CHAS 3. Cost Burden > 30% Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AMI >50-80% AMI Total NUMBER OF HOUSEHOLDS Small Related 3,905 2,870 1,635 8,410 705 745 1,165 2,615 Large Related 2,120 1,120 674 3,914 435 685 655 1,775 Elderly 895 830 245 1,970 630 515 524 1,669       Packet Pg. 766 Demo Consolidated Plan SAN BERNARDINO 34 OMB Control No: 2506-0117 (exp. 06/30/2018) Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AMI >50-80% AMI Total Other 1,575 840 680 3,095 230 270 260 760 Total need by income 8,495 5,660 3,234 17,389 2,000 2,215 2,604 6,819 Table 9 – Cost Burden > 30% Data Source: 2011-2015 CHAS 4. Cost Burden > 50% Renter Owner 0-30% AMI >30-50% AMI >50- 80% AMI Total 0-30% AMI >30-50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 3,710 1,475 245 5,430 595 425 380 1,400 Large Related 1,810 520 35 2,365 345 365 160 870 Elderly 745 495 50 1,290 460 325 194 979 Other 1,385 465 90 1,940 210 145 25 380 Total need by income 7,650 2,955 420 11,025 1,610 1,260 759 3,629 Table 10 – Cost Burden > 50% Data Source: 2011-2015 CHAS 5. Crowding (More than one person per room) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Single family households 2,310 1,215 695 340 4,560 210 365 530 330 1,435 Multiple, unrelated family households 280 215 230 150 875 100 100 290 195 685 Other, non-family households 65 0 0 39 104 30 0 0 10 40 Total need by income 2,655 1,430 925 529 5,539 340 465 820 535 2,160 Table 11 – Crowding Information – 1/2       Packet Pg. 767 Demo Consolidated Plan SAN BERNARDINO 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: 2011-2015 CHAS Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI Total Households with Children Present 3,760 2,030 1,725 7,515 444 875 1,315 2,634 Table 12 – Crowding Information – 2/2 Alternate Data Source Name: Households with Children Data Source Comments:CHAS 2011-2015 Describe the number and type of single person households in need of housing assistance. According to the ACS 2014-2018 5-Year Estimates, there are 11,511 single-person households in the City, which represents 19 percent of households in San Bernardino (Table 5). Based on the ACS 2014- 2018 5-Year Estimates, single-person households are primarily persons between 35 and 64 years of age (49 percent); however, persons over 65 years make up 38 percent of single-person households. The housing needs of elderly persons may be more problematic to meet than for other residents since the elderly are often living on a fixed income and many have special housing and care needs. The ACS 2014- 2018 5-Year Estimates shows that 17.2 percent of persons living below the poverty level ($12,140 for a single-person household) are seniors over the age of 65 years. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. Persons with Disabilities: According to the ACS 2014-2018 5-Year Estimates, approximately 12.5 percent (26,221 persons) of the population living in San Bernardino is affected by one or more disabilities. The most prevalent disability affecting this population is ambulatory difficulties, with 53 percent of persons experiencing disabilities having an ambulatory difficulty. This is closely followed by cognitive difficulty at 47 percent. The symptoms and functional impairments that result from disabling health and behavioral health conditions can make it difficult for people to earn income from employment. Income from disability benefits, such as Supplemental Security Income, is not always sufficient to afford rent without additional assistance. Of 348 survey respondents in the 2019 San Bernardino Homeless Point-In-Time Count, 26 unsheltered adults (7.5 percent) in the City reported to have developmental disabilities and 79 unsheltered adults (22.7 percent) reported to have a mental health disability or disorder that affect their ability to live independently.       Packet Pg. 768 Demo Consolidated Plan SAN BERNARDINO 36 OMB Control No: 2506-0117 (exp. 06/30/2018) Victims of Domestic Violence: In 2017, the state of California saw 169,362 domestic-violence related calls.[1] The California Department of Justice data reports that calls for services related to domestic violence in San Bernardino County increased by 51 percent since 2014, with 12,012 calls documented in 2017—7 percent of all calls within California. ACS 2013-2107 data shows that residents of San Bernardino County (2,121,220 persons) make up 5.4 percent of the state’s population (38,982,847 persons). Nationwide data is collected annually during a 24-hour Census period; on September 13, 2017, 19,147 domestic violence-related calls were received by local and state hotline staff of the 1,694 out of 1,873 (90%) participating domestic violence programs, and the National Domestic Violence Hotline staff answered 2,205 calls or texts.[2] This averages more than 14 calls every minute. If this level of need continues, the hotlines would receive more than 7.5 million calls per year; the hotlines do not include the supportive services needed to help a victim and their family. This reflects the larger trend of a rise in violent crime in San Bernardino County. The San Bernardino County Community Indicator Report finds that violent crime has increased by 20 percent since 2014, and specifically the rate of rape increased 74 percent since 2014 (California Department of Justice, 2017 data). In the state of California overall, after reaching a low in 2014, the violent crime rate increased by 13 percent from 2014 to 2017, with rape specifically increasing by 34 percent, although this drastic increase is much lower than the County’s during the same period.[3] Domestic violence, dating violence, sexual assault, and stalking can be precursors to homelessness. The 2019 San Bernardino Homeless Point-In-Time survey identified 35 persons residing in the City who were experiencing homelessness due to fleeing domestic violence, dating violence, sexual assault, and stalking, representing 10.1 percent of the 348 persons experiencing homelessness residing in the City who participated in the survey. What are the most common housing problems? As shown in Table 7 (Housing Problems Table), housing cost burden is the most common housing problem experienced by both renters and homeowners. Of the 57,580 households in the city, 20 percent experience severe cost burden (more than 50 percent of monthly earnings going toward housing costs) and 16 percent experience cost burden (more than 30 percent of monthly earnings going toward housing costs). Are any populations/household types more affected than others by these problems? Forty-six percent of the City’s households are small families. Since small households comprise the largest type of household and since 55 percent of these households are also low-income, they could be more significantly affected by housing problems. Across all categories (substandard housing, overcrowding, and cost burden), renter households consistently experience housing problems at a greater rate than owner-occupied households (Housing Problems Table). LMI renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). The disparity between renters and homeowners is most significant for households experiencing severe housing cost burden (more than 50 percent of monthly earnings       Packet Pg. 769 Demo Consolidated Plan SAN BERNARDINO 37 OMB Control No: 2506-0117 (exp. 06/30/2018) going toward housing costs), where of the 11,629 households experiencing severe cost burden, 71 percent are renter households. This is followed by housing cost burden (more than 30 percent of monthly earnings going toward housing costs), where 62 percent of the total number of households experiencing cost burden are renter households. As discussed in the previous question, housing cost burden represents the most common housing challenge. Housing problems are predominantly experienced by extremely low-income households, particularly extremely low-income renters. With the exception of housing cost burden, where low-income (50 to 80 percent AMI) households make up the majority of renting households experiencing cost burden, extremely low-income households consist of at least 40 percent of renters experiencing each housing problem. Further, extremely low-income households (renter and owner-occupied households) are more likely to experience more than one housing problem, with over half of households (55 percent) experiencing more than one housing problem. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance Just over 23 percent of households in San Bernardino (13,335 households) qualify as extremely low- income (Table 6), largely unchanged since 2015 when the 2015-2019 Consolidated Plan was prepared. Small families (families of four persons or less) comprise 42 percent (5,535 households) of the City’s extremely low-income households. Further, almost a third (4,204) extremely low-income households have at least one child six years or younger. Compounding financial demands that affect low-income families with small children can lead to a high risk of homelessness. Families that rely on low-wage jobs often work nonstandard and/or inflexible hours, which can be restrictive to families with both school- age and young children. Additionally, low-wage jobs have less access to paid leave or health insurance as compared to high-wage jobs, further exacerbating stress on families with limited resources when children experience injuries and illness. As evidenced by the number of extremely low-income households experiencing housing cost burden and severe cost burden, affordable housing is a significant need for extremely low-income households in the City. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short-term financial assistance (first/last month’s rent, security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino County’s response to homelessness. Rapid rehousing is designed to help individuals and families quickly exit homelessness and return to permanent housing through a “housing first” approach where the recipients of assistance do not need to graduate through a series of services before reaching permanent housing. Based on the Rapid Rehousing Program Standards, Practices, & Model Guidelines adopted by the San Bernardino       Packet Pg. 770 Demo Consolidated Plan SAN BERNARDINO 38 OMB Control No: 2506-0117 (exp. 06/30/2018) County Homeless Partnership in January 2019, the program prioritizes a housing first approach to assisting homeless families with children, recognizing that the crisis of homelessness is preventative to obtaining housing and maintaining stability (such as finding affordable housing, employment, assistance programs, etc.). By providing permanent housing quickly, the family is more likely to establish a stable housing situation and avoid returning to homelessness. Rapid rehousing provides community benefits through improving the effectiveness of the County’s homeless services and reducing demand for shelters and other temporary solutions. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates: The City generally defines those households of extremely low incomes and those living below the poverty status to be at risk of becoming homeless. The estimates are based on CHAS data provided by HUD and on ACS data by the US Census Bureau, respectively. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness Housing problems and severe housing problems occur at a higher rate among very low- and extremely low-income households. Cost burden, overcrowding, and poor housing conditions, particularly for renters, all link to an instability in housing that can lead to homelessness. Many lowâ¿ÂÂÂÂ￿income households have difficulty finding reasonably affordable, suitable rental housing. The lack of options available for these populations leads to housing problems and severe housing problems. Households in the very low- and extremely low-income categories live in housing above their means and face cost burden. Alternatively, they avoid high housing costs by living in substandard housing or with other families or extended families, which contributes to overcrowding. Discussion Overall, this assessment finds that: LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home. Extremely low-income renters make up the majority of household types experiencing housing problems. Extremely low-income households, for both renter and owner-occupied households, are more likely to experience more than one housing problem, with over half of the households (55 percent) experiencing more than one housing problem falling within the extremely low-income bracket. The above findings indicate a lack of affordable housing available to lower income renters, but especially housing that would be affordable to extremely low-income households. Results from the community       Packet Pg. 771 Demo Consolidated Plan SAN BERNARDINO 39 OMB Control No: 2506-0117 (exp. 06/30/2018) meeting corroborate these findings. Attendees identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City.       Packet Pg. 772 Demo Consolidated Plan SAN BERNARDINO 40 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction For the purposes of this ConPlan, disproportionately greater need is assumed to exist when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage point of persons in the category as a whole. A household is considered to have a housing problem when their home lacks complete kitchen or plumbing facilities, when there is more than one person per room, or when a cost burden (30% or more of income toward housing) exists. This section's tables demonstrate the disproportionately greater need across the lower-income levels (0%–30%, 30%–50%, and 50%–80% of AMI). Consistently, across each of the income brackets shown below, American Indian/Alaska Native households experience housing problems at a disproportionate rate. Conversely, White households never exceed the jurisdictional rate for housing problems across all households. It should be noted that the sample sizes for both American Indians/Alaska Native and Pacific Islander households are comparatively small, which may mean the data is not accurate. 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 10,885 1,340 1,105 White 1,760 255 365 Black / African American 2,400 325 335 Asian 395 165 70 American Indian, Alaska Native 8 0 0 Pacific Islander 10 0 4 Hispanic 6,110 565 255 Table 13 - Disproportionally Greater Need 0 - 30% AMI Data Source:2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%       Packet Pg. 773 Demo Consolidated Plan SAN BERNARDINO 41 OMB Control No: 2506-0117 (exp. 06/30/2018) 30%-50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 8,225 1,575 0 White 1,360 360 0 Black / African American 1,405 390 0 Asian 230 95 0 American Indian, Alaska Native 15 0 0 Pacific Islander 10 0 0 Hispanic 4,925 695 0 Table 14 - Disproportionally Greater Need 30 - 50% AMI Data Source:2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 6,968 3,660 0 White 1,109 920 0 Black / African American 1,120 445 0 Asian 225 125 0 American Indian, Alaska Native 50 15 0 Pacific Islander 20 0 0 Hispanic 4,279 2,080 0 Table 15 - Disproportionally Greater Need 50 - 80% AMI Data Source:2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%       Packet Pg. 774 Demo Consolidated Plan SAN BERNARDINO 42 OMB Control No: 2506-0117 (exp. 06/30/2018) 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,909 3,360 0 White 555 855 0 Black / African American 470 355 0 Asian 135 185 0 American Indian, Alaska Native 25 0 0 Pacific Islander 0 0 0 Hispanic 1,729 1,945 0 Table 16 - Disproportionally Greater Need 80 - 100% AMI Data Source:2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion The following summarizes the needs of racial and ethnic households by income bracket. Racial and ethnic household groups that experience housing problems at disproportionate rates are bolded. Eighty-two percent of households with 0%-30% AMI experience at least one severe housing problem: •One hundred percent of American Indian/Alaska Native households experience at least one housing problem. •Seventy-one percent of Pacific Islander households experience at least one housing problem. •Seventy-eight percent of Black/African American households experience at least one housing problem. •Seventy-four percent of White households experience at least one housing problem. •Sixty-three percent of Asian households experience at least one housing problem. •Eighty-eight percent of Hispanic households experience at least one severe housing problem. Eighty-four percent of households with 30%-50% AMI experience at least one housing problem: •One hundred percent of American Indian/Alaska Native households experience at least one housing problem. •One hundred percent of Pacific Islander households experience at least one housing problem.       Packet Pg. 775 Demo Consolidated Plan SAN BERNARDINO 43 OMB Control No: 2506-0117 (exp. 06/30/2018) •Seventy-eight percent of Black/African American households experience at least one housing problem. •Seventy-nine percent of White households experience at least one housing problem. •Seventy-one percent of Asian households experience at least one housing problem. •Eighty-eight percent of Hispanic households experience at least one severe housing problem. Sixty-six percent of households with 50%-80% AMI experience at least one housing problem: •Seventy-seven percent of American Indian/Alaska Native households experience at least one housing problem. •One hundred percent of Pacific Islander households experience at least one housing problem. •Seventy-two percent of Black/African American households experience at least one housing problem. •Fifty-five percent of White households experience at least one housing problem. •Sixty-four percent of Asian households experience at least one housing problem. •Sixty-seven percent of Hispanic households experience at least one severe housing problem. Forty-six percent of households with 80%-100% AMI experience at least one housing problem: •One hundred percent of American Indian/Alaska Native households experience at least one housing problem. •There is no data for Pacific Islander households in this income bracket. •Fifty-seven percent of Black/African American households experience at least one housing problem. •Thirty-nine percent of White households experience at least one housing problem. •Forty-two percent of Asian households experience at least one housing problem. •Forty-seven percent of Hispanic households experience at least one severe housing problem. In summary, American Indian/Alaska Native are disproportionately affected by housing problems across all categories. Pacific Islander households are disproportionately affected in almost every category where there is data for their households, with exception for extremely low-income households (0%-30% AMI).       Packet Pg. 776 Demo Consolidated Plan SAN BERNARDINO 44 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. Per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population. 0%-30% of Area Median Income Severe Housing Problems*Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 10,035 2,195 1,105 White 1,480 540 365 Black / African American 2,280 450 335 Asian 325 230 70 American Indian, Alaska Native 8 0 0 Pacific Islander 10 0 4 Hispanic 5,750 925 255 Table 17 – Severe Housing Problems 0 - 30% AMI Data Source:2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%       Packet Pg. 777 Demo Consolidated Plan SAN BERNARDINO 45 OMB Control No: 2506-0117 (exp. 06/30/2018) 30%-50% of Area Median Income Severe Housing Problems*Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 5,580 4,210 0 White 930 790 0 Black / African American 970 825 0 Asian 140 185 0 American Indian, Alaska Native 10 4 0 Pacific Islander 10 0 0 Hispanic 3,295 2,320 0 Table 18 – Severe Housing Problems 30 - 50% AMI Data Source:2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Severe Housing Problems*Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,974 7,649 0 White 414 1,615 0 Black / African American 285 1,280 0 Asian 180 175 0 American Indian, Alaska Native 19 50 0 Pacific Islander 20 0 0 Hispanic 2,020 4,339 0 Table 19 – Severe Housing Problems 50 - 80% AMI Data Source:2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%       Packet Pg. 778 Demo Consolidated Plan SAN BERNARDINO 46 OMB Control No: 2506-0117 (exp. 06/30/2018) 80%-100% of Area Median Income Severe Housing Problems*Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,290 4,985 0 White 140 1,265 0 Black / African American 155 665 0 Asian 80 245 0 American Indian, Alaska Native 25 0 0 Pacific Islander 0 0 0 Hispanic 890 2,779 0 Table 20 – Severe Housing Problems 80 - 100% AMI Data Source:2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion The following is an analysis of the rates of severe housing problems amongst racial and ethnic minorities of different income categories in comparison to the overall rate of severe housing problems. Racial and ethnic household groups that experience severe housing problems at disproportionate rate are bolded. Overall, Asian households earning between 50-80 percent AMI disproportionately experience severe housing problems. Seventy-five percent of households with 0%-30% AMI experience at least one severe housing problem: •Seventy-four percent of Black/African American households experience at least one severe housing problem. •Sixty-two percent of White households experience at least one severe housing problem. •Fifty-two percent of Asian households experience at least one severe housing problem. •Eighty-three percent of Hispanic households experience at least one severe housing problem. Fifty-seven percent of households with 30%-50% AMI experience at least one severe housing problem: •Fifty-four percent of Black/African American households experience at least one severe housing problem. •Fifty-four percent of White households experience at least one severe housing problem.       Packet Pg. 779 Demo Consolidated Plan SAN BERNARDINO 47 OMB Control No: 2506-0117 (exp. 06/30/2018) •Forty-three percent of Asian households experience at one severe housing problem. •Fifty-nine percent of Hispanic households experience at least one severe housing problem. Twenty-eight percent of households with 50%-80% AMI experience at least one severe housing problem: •Eighteen percent of Black/African American households experience at least one severe housing problem. •Twenty percent of White households experience at least one severe housing problem. •Fifty-one percent of Asian households experience at least one severe housing problem. •Thirty-two percent of Hispanic households experience at least one severe housing problem. In summary, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem.       Packet Pg. 780 Demo Consolidated Plan SAN BERNARDINO 48 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: A household is considered cost burdened if they pay more than 30 percent of their household income toward housing costs. As per HUD definitions, disproportionate housing needs are defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population. Housing Cost Burden Housing Cost Burden <=30%30-50%>50%No / negative income (not computed) Jurisdiction as a whole 28,175 13,053 15,039 1,315 White 8,355 2,655 2,520 440 Black / African American 3,869 2,325 3,259 335 Asian 1,415 380 595 90 American Indian, Alaska Native 85 30 60 0 Pacific Islander 35 20 20 4 Hispanic 13,940 7,414 8,160 365 Table 21 – Greater Need: Housing Cost Burdens AMI Data Source:2011-2015 CHAS Discussion: As a whole, 23 percent of households are cost burdened and 26 percent are severely cost burdened. Approximately 19 percent of White households, 24 percent of Black/African American households, 15 percent of Asian households, and 25 percent of Hispanic households are cost burdened. No households are disproportionately cost burdened or severely cost burdened. Overall, there is a high rate of cost burden within the City; however, Black/African American households have the highest rates of severe cost burden at 33 percent.       Packet Pg. 781 Demo Consolidated Plan SAN BERNARDINO 49 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Asian, Black/African American, American Indian and Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem. Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction. Citywide, 23 percent of households are cost burdened and 26 percent are severely cost burdened. Approximately a quarter of Hispanic households and one-third of all Black/African American households are cost burdened. However, no racial or ethnic groups are disproportionately cost burdened or severely cost burdened. Please see discussions in NA-15, NA-20, and NA 25 for more information. If they have needs not identified above, what are those needs? Stakeholder consultations have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? Minority concentration is defined as a census tract where the percentage of individuals of a particular racial or ethnic minority group is at least 20 percentage points higher than the citywide average. Minority refers to all ethnic groups other than non-Hispanic White. The City of San Bernardino is 60 percent White, 16.7 percent Black/African American, 5.7 percent Asian, and 64.3 percent Hispanic (regardless of race). The map below displays census tracts in the City that have a minority concentration. As displayed in the attached minority concentration map. Five census tracts have a Hispanic minority concentration.       Packet Pg. 782 Demo Consolidated Plan SAN BERNARDINO 50 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-35 Public Housing – 91.205(b) Introduction The HACSB is the regional entity that manages and maintains housing units and administers Housing Choice Voucher programs across the County, including the City of San Bernardino. There are approximately 2,600 voucher holders in the City of San Bernardino. Over 10,700 housing vouchers are currently active countywide. The majority of voucher holders have a tenant-based voucher, which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept it. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. Some households are duplicates. The following tables describe the number of housing vouchers in use within the County and the demographics of those receiving vouchers. Data on the number of vouchers in use within the City is unavailable. Totals in Use Program Type Vouchers Special Purpose Voucher Certificate Mod- Rehab Public Housing Total Project - based Tenant - based Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers in use 0 0 1,177 5,277 517 4,660 54 0 0 Table 22 - Public Housing by Program Type *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Data Source:PIC (PIH Information Center)       Packet Pg. 783 Demo Consolidated Plan SAN BERNARDINO 51 OMB Control No: 2506-0117 (exp. 06/30/2018) Characteristics of Residents Program Type Vouchers Special Purpose Voucher Certificate Mod- Rehab Public Housing Total Project - based Tenant - based Veterans Affairs Supportive Housing Family Unification Program Average Annual Income 0 0 13,755 14,084 14,172 13,978 14,467 0 Average length of stay 0 0 6 6 1 7 0 0 Average Household size 0 0 3 2 1 2 1 0 # Homeless at admission 0 0 0 30 1 22 7 0 # of Elderly Program Participants (>62)0 0 239 1,122 357 754 3 0 # of Disabled Families 0 0 200 1,284 39 1,200 28 0 # of Families requesting accessibility features 0 0 1,177 5,277 517 4,660 54 0 # of HIV/AIDS program participants 0 0 0 0 0 0 0 0 # of DV victims 0 0 0 0 0 0 0 0 Table 23 – Characteristics of Public Housing Residents by Program Type Data Source:PIC (PIH Information Center)       Packet Pg. 784 Demo Consolidated Plan SAN BERNARDINO 52 OMB Control No: 2506-0117 (exp. 06/30/2018) Race of Residents Program Type Vouchers Special Purpose Voucher Race Certificate Mod- Rehab Public Housing Total Project - based Tenant - based Veterans Affairs Supportive Housing Family Unification Program Disabled * White 0 0 644 2,226 372 1,791 38 0 0 Black/African American 0 0 425 2,911 114 2,763 16 0 0 Asian 0 0 57 94 21 70 0 0 0 American Indian/Alaska Native 0 0 3 27 5 22 0 0 0 Pacific Islander 0 0 29 12 3 9 0 0 0 Other 0 0 19 7 2 5 0 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 24 – Race of Public Housing Residents by Program Type Data Source:PIC (PIH Information Center) Ethnicity of Residents Program Type Vouchers Special Purpose Voucher Ethnicity Certificate Mod- Rehab Public Housing Total Project - based Tenant - based Veterans Affairs Supportive Housing Family Unification Program Disabled * Hispanic 0 0 504 1,326 167 1,132 14 0 0 Not Hispanic 0 0 670 3,951 350 3,528 40 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 25 – Ethnicity of Public Housing Residents by Program Type       Packet Pg. 785 Demo Consolidated Plan SAN BERNARDINO 53 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source:PIC (PIH Information Center)       Packet Pg. 786 Demo Consolidated Plan SAN BERNARDINO 54 OMB Control No: 2506-0117 (exp. 06/30/2018) Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: As shown in the above tables, the average annual income of all vouchers holders is approximately $14,084, which is 22 percent of the County household median income. This indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in Table 23, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Also, given the number of persons with disabilities across the County, the need for accessible units would be great. Additionally, for persons with disabilities who are already on the HACSB waiting list, there is a need for case management and comprehensive support services. As a Moving-to-Work agency, the HACSB is implementing activities designed to increase the cost effectiveness of federal programs and increase the amount of affordable, quality housing units. As such, the HACSB is implementing a local project-based voucher program designed to increase the number of affordable units, a local family self-sufficiency program to increase household income, and the No Child Left Unsheltered program which provides Housing Choice Vouchers to eligible homeless families. Most immediate needs of residents of Public Housing and Housing Choice voucher holders HACSB identified that the current housing program waiting lists are too long and have been closed for quite some time. Furthermore, there is a need for applicant assistance in the housing program application process. The most immediate need is finding housing units and property owners that will accept vouchers. How do these needs compare to the housing needs of the population at large Although Housing Choice Vouchers are available to low-income households, the voucher program is unable to accommodate all low-income households. As discussed in MA-15, there is a gap of 11,445 units for households earning between 0 to 30 percent AMI and a gap of 2,750 units for households earning between 30 to 50 percent AMI. Moderate- and above moderate-income categories are more able to secure affordable housing in the City. Discussion See above discussion.       Packet Pg. 787 Demo Consolidated Plan SAN BERNARDINO 55 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-40 Homeless Needs Assessment – 91.205(c) Introduction: In the most current County Point-in-Time Count (2019), the County identified a total of 2,607 homeless individuals. Of these individuals, 687 are sheltered and 1,920 are unsheltered. There are an estimated 890 persons experiencing homelessness in the City of San Bernardino. The table below displays the County’s homeless subpopulations. Information for some subpopulations were unavailable. Homeless Needs Assessment Population Estimate the # of persons experiencing homelessness on a given night Estimate the # experiencing homelessness each year Estimate the # becoming homeless each year Estimate the # exiting homelessness each year Estimate the # of days persons experience homelessness Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren)401 87 488 0 0 0 Persons in Households with Only Children 5 5 10 0 0 0 Persons in Households with Only Adults 281 1,828 2,109 0 0 0 Chronically Homeless Individuals 64 703 757 0 0 0 Chronically Homeless Families 5 34 39 0 0 0 Veterans 32 175 207 0 0 0 Unaccompanied Child 29 140 5 0 0 0 Persons with HIV 6 41 47 0 0 0 Table 26 - Homeless Needs Assessment Alternate Data Source Name: County Homeless Race, HMIS 2019       Packet Pg. 788 Demo Consolidated Plan SAN BERNARDINO 56 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source Comments: County of San Bernardino, HUD HMIS, 2019 Indicate if the homeless population is:Has No Rural Homeless If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): Subpopulation data is not available for several of catgories in the table above. Between October 1, 2018, and September 30, 2019, 426 individuals exited homelessness from emergency shelters or transitional housing. Of these individuals, 13 percent reentered homelessness within less than six months, 9 percent reentered between 6 and 12 months, and 2 percent reentered between 13 and 24 months. Overall, 25 percent reentered homelessness within two years. During the same period, the average length of time being homeless was 118 days and the median time was 56 days. According to the County and City Point-in-Time Counts, the City has noticed an increase in homeless population since 2018. From 2018 to 2019 the homeless population increased in the City 37 percent. The County experienced a 23 percent increase over the same period of time. The preceeding table acknowledges the number of unsheltered individuals is overwelming compared to those who find shelter and that a majority of the homeless people have been categorized as chronically homeless individuals as well as veterans.       Packet Pg. 789 Consolidated Plan SAN BERNARDINO 57 OMB Control No: 2506-0117 (exp. 06/30/2018) Nature and Extent of Homelessness: (Optional) Race:Sheltered:Unsheltered (optional) White 141 0 Black or African American 114 0 Asian 3 0 American Indian or Alaska Native 6 0 Pacific Islander 1 0 Ethnicity:Sheltered:Unsheltered (optional) Hispanic 102 0 Not Hispanic 10 0 Alternate Data Source Name: County Homeless Race, HMIS 2019 Data Source Comments: Not Hispanic category data in this table refers to the number of multi-racial homeless individuals.There is no data on unsheltered homeless individuals or families. Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. The 2019 County Point-in-Time count identified 34 homeless families with children in San Bernardino County. The count identified four individuals with veteran status within the families surveyed. The 2019 PIT counts for the City of San Bernardino subpopulations included 28 homeless veteran individuals of which only 7 were sheltered and 32 families with children sheltered. There was not data for unsheltered families with children. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. Race and ethnic composition of homeless individuals reported to be receiving services within the City, according to HMIS 2020 data. Out of the 281 Point-In-Time survey respondents residing in the City, 141 (50.2 percent) were White, 114 (40.6 percent) were Black/African American, and 102 were Hispanic of any race (36.3 percent). This data is for sheltered homeless individuals only. Data was not available for unsheltered homeless individuals. Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. According to 2019 PIT Count data for the City, there are approximately 639 unsheltered homeless individuals and 244 sheltered homeless individuals living in the City. According to the Point-in-Time       Packet Pg. 790 Consolidated Plan SAN BERNARDINO 58 OMB Control No: 2506-0117 (exp. 06/30/2018) count survey, 17 percent of unsheltered homeless individuals residing in the City had been homeless for less than a year; 59 percent were homeless between one and five years; 12 percent were homeless between six and ten years; and 11 percent were homeless for more than ten years. Seventy-one percent of respondents stated that they lived in the City of San Bernardino before becoming homeless. Discussion: There are approximately 2,607 homeless individuals counted in the County of those counted, 883 reside in the City. As identified in MA-30, homeless providers still complain there is not enough emergency shelter space, transitional, rapid rehousing, or permanent supportive housing beds to accommodate them. The CoC’s service capacities have increased within the previous five years; however, there is still a need for beds and additional supportive services.       Packet Pg. 791 Consolidated Plan SAN BERNARDINO 59 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction: The following section describes the special needs of the following populations: •Elderly households (defined as 62 years and older) •Persons with mental, physical, and/or developmental disabilities •Large households •Female-headed households •Persons living with HIV/AIDS and their families Describe the characteristics of special needs populations in your community: Elderly Households (defined as 62 years and older). Many elderly people live on fixed incomes, making housing affordability a key issue. Access to properly sized units, transit, and healthcare are also important concerns of elderly households. Elderly households may also require residential care from time to time. Approximately 11 percent of City residents (23,827) are 62 years of age or older. Persons with mental, physical, and/or developmental disabilities. Persons with disabilities may require special housing accommodations, such as wheelchair accessibility and other modifications to live independently. Access to transit is also a high priority for this population. According to the ACS 2014- 2018 5-Year Estimates, 26,221 residents (12.5 percent) are living with a disability. Of those 65 years and older, 46.5 percent are living with a disability. Female Household. Female-headed households may have special needs related to accessing childcare and other supportive services as well as an increased risk of poverty. As displayed in the table below, female-headed households comprise 35 percent of households with children. What are the housing and supportive service needs of these populations and how are these needs determined? Elderly, disabled, small, large, and female-headed households and households with children are a significant portion of the City’s population and tend to have special housing needs that require diverse types of affordable housing. HACSB does not have enough HCVs to meet the need of all special needs households. When surveyed during the community engagement process, residents selected “construction of new affordable rental housing” as one of the highest priority housing needs in the community. Additionally,       Packet Pg. 792 Consolidated Plan SAN BERNARDINO 60 OMB Control No: 2506-0117 (exp. 06/30/2018) stakeholder interviews identified housing for the physically disabled, mentally ill, and single women as needs within the City. Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area: HIV/AIDS. Those living with HIV/AIDS and their families require stable and affordable housing in order to consistently access medical care and avoid hospitalizations. On the county level, there are approximately 4,401 people living with HIV (PLWH). Approximately 3,120 PLWH are currently in care and 2,278 are virally suppressed. Statewide, male-to-male sexual contact is the most common transmission mode at 71.4 percent of all new cases in 2017. Black/African American individuals make up 35.2 percent of all new transmissions, followed by Hispanic/Latinx individuals at 14.3 percent, American Indian/Alaskan Native at 10.8 percent, Native Hawaiian/other Pacific Islander at 9.1 percent, White at 8.2 percent, and Asian at 6.7 percent. Discussion: The County provides rapid HIV testing, counseling, prevention education, AIDS Drug Assistance Program (ADAP), and HIV clinic services for clients who do not qualify for any other medical resources. People living with HIV/AIDs require affordable housing to maintain consistent access to medical care, adhere to medical plans, and avoid hospitalizations. They require affordable housing that will suit their needs, which include proximity to health care centers.       Packet Pg. 793 Consolidated Plan SAN BERNARDINO 61 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-50 Non-Housing Community Development Needs – 91.215 (f) Describe the jurisdiction’s need for Public Facilities: Community meetings identified the need for facilities for at-risk youth, pedestrian improvements, and traffic-calming measures. Survey respondents identified the need for community centers, parks and recreational facilities, youth centers, and healthcare facilities. How were these needs determined? The needs were determined through extensive community engagement efforts including a survey, stakeholder interviews, community meetings, and pop-up events. The survey and pop-up events sought to solicit feedback from City residents, while stakeholder interviews focused on community development practitioners and experts. The survey was made available in four languages and online. In total, 1,011 survey responses were received and approximately 12 stakeholder organizations participated in the process. Several residents provided feedback at community meetings and pop-up events. Describe the jurisdiction’s need for Public Improvements: Community Engagement events and data gathering from the City revealed the top public improvements were needed: •Survey respondents identified the need for the following public improvements: •Street/alley/sidewalk improvements •Street lighting improvements •Safe routes to schools •Water/sewage improvements How were these needs determined? See the description of community engagement above. Describe the jurisdiction’s need for Public Services: Stakeholders identified the need for the following public services: •Crime reduction •Domestic violence services       Packet Pg. 794 Consolidated Plan SAN BERNARDINO 62 OMB Control No: 2506-0117 (exp. 06/30/2018) •Family self-sufficiency programs •Mental health services •Tech literacy education •Vocational training for those with criminal backgrounds •Youth life skill education Feedback at community meetings identified the need for: •Services for at-risk youth •Neighborhood revitalization •Survey respondents identified the need for the following: •Programs for at-risk youth •Youth activities •Children after school/summer camp program or services How were these needs determined? Community engagement activities noted above. Area service providers primarily assisted in this effort.       Packet Pg. 795 Consolidated Plan SAN BERNARDINO 63 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: This overview summarizes the key points of each section of the market analysis and sets a basis for some of the funding priorities listed in the Strategic Plan. The Market Analysis identifies the City’s housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing. As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980. There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community.       Packet Pg. 796 Consolidated Plan SAN BERNARDINO 64 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-10 Number of Housing Units – 91.210(a)&(b)(2) Introduction The City is made up mostly of one-unit detached structures, at 61 percent of residential properties. Multiunit structures make up the second highest percentage at 19 percent of the housing stock. From 2000 to the present, the development of housing stock has only increased by three to five percentage points, with multifamily units increasing more rapidly than single-family detached by approximately two percentage points. Vacant land is available for immediate residential development in the City. Opportunities for development are identified in maps in the City’s Housing Element. City policies and goals make evident that the City is committed to both redevelopment and new development. Areas of opportunity include infill housing and new development in the Downtown Core as well as along major corridors. A healthy vacancy rate is associated with choice and mobility. A healthy vacancy rate for owner- occupied housing is 2-3 percent and 5-6 percent for rental units. In 2010, the vacancy rate for owner- occupied housing was 3.7 percent; in 2017 it was 1.3 percent, 0.7 percent below the range considered healthy. In 2010, the renter-occupied rate was 6.9 percent, above the healthy range by 0.9 percent. By 2017, the rental vacancy rate returned to the healthy range at 6 percent. Residential mobility is influenced by tenure. Ownership housing is associated with a much lower turnover rate than rental housing. Tenure preferences are primarily related to household income, composition, and age of the householder. Between 2010 and 2017, the number of occupied units decreased, and tenure shifted from majority owner-occupied units to majority renter-occupied units. All residential properties by number of units Property Type Number % 1-unit detached structure 37,940 61% 1-unit, attached structure 2,825 5% 2-4 units 5,660 9% 5-19 units 6,460 10% 20 or more units 5,755 9% Mobile Home, boat, RV, van, etc 4,045 6% Total 62,685 100% Table 27 – Residential Properties by Unit Number Data Source:2011-2015 ACS       Packet Pg. 797 Consolidated Plan SAN BERNARDINO 65 OMB Control No: 2506-0117 (exp. 06/30/2018) Unit Size by Tenure Owners Renters Number %Number % No bedroom 215 1%1,135 4% 1 bedroom 675 3%7,460 24% 2 bedrooms 5,620 21%12,530 41% 3 or more bedrooms 20,520 76%9,424 31% Total 27,030 101%30,549 100% Table 28 – Unit Size by Tenure Data Source:2011-2015 ACS Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City has a total of 25 assisted multifamily housing projects that provide 3,034 affordable housing units. Fourteen projects (San Bernardino Senior Housing, Sierra Vista, Monte Vista, Buena Vista, Hacienda, AHEPA 302 Apartments, Arrowhead Vista, The Magnolia, Casa Bernadine, Casa Ramona, Jeffrey Court, Laurel Place, Light’s Rancho Linda, and The Plaza) are designated as affordable senior communities and have a combined total of 1,329 units. Most of the City’s affordable housing was funded by HUD, including Section 202, Section 108, PRAC, HOME, or HFDA. Many projects were also financed through Low Income Housing Tax Credits (LIHTC). Affordable housing units also received funding through the former redevelopment agency or bonds. The HACSB also assisted with the development of the Medical Center Apartments (287 affordable units). The City falls within the jurisdiction of the HACSB. The HACSB administers the Housing Choice Voucher program, which provides rental assistance to income-eligible residents of San Bernardino by providing monthly rental assistance to participants who rent from a private landlord but pay only 30 percent of the monthly rental payment, with the rest paid to the landlord by HUD. In 2018, the HACSB provided 10,120 housing choice vouchers throughout San Bernardino County and 2,669 vouchers were issued to San Bernardino City residents. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. Assisted units convert to market rate when affordable housing contracts expire. In addition, many of the City’s affordable housing projects were assisted with project-based Section 8 contracts and a significant number of these units are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.       Packet Pg. 798 Consolidated Plan SAN BERNARDINO 66 OMB Control No: 2506-0117 (exp. 06/30/2018) HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. Does the availability of housing units meet the needs of the population? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels. There is a surplus of affordable units for households in the 50-80 percent and the 80-100 percent HAMFI categories. Describe the need for specific types of housing: According to data gathered through community outreach, there is a lack of single-family and other quality housing development. Existing housing stock is also in need of rehabilitation. The primary housing problem is affordability; households in the middle and lower-income categories have difficulty affording homeownership. A need for affordable rental housing is a top need but owner-occupied housing is considered one of the more critical housing needs in the community. The community outreach process also revealed a need for housing for persons with mental and physical disabilities. The needs identified through community outreach are substantiated in the CHAS 2011-2015 data. As shown in Table 29, Unit Size by Tenure, renters in the City outnumber homeowners by 13 percent. Renters also tend to reside in smaller units: 3-bedroom units are occupied by owners by 2.18 times that of renters, whereas most no-bedroom, 1-bedroom, and 2-bedroom units are occupied by renters (69 percent). Discussion See discussion above       Packet Pg. 799 Consolidated Plan SAN BERNARDINO 67 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction Housing costs have the potential to cause housing problems in a community. If housing costs are high relative to household income, there will be a higher rate of cost burden and overcrowding. According to HUD, families who pay more than 30 percent of their income toward housing costs are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. This section analyzes the cost of housing in the City of San Bernardino. The City’s housing market has fluctuated greatly over the last ten years. During the 2000 Census, the median home value (MHV) in the City was $94,000; it then saw a steep increase during the housing boom of the 2000s, increasing 115 percent by 2009 to an MHV of $270,200. Soon after, the US went into the Great Recession and housing market crash, where homes across California were foreclosed on and the City saw the MHV drop. Although the MHV has continued to decrease, it is still 41 percent higher than it was before the housing boom in 2000, and wages in the area have not increased accordingly. In 2000, the median income in the City was $31,140, which would have allowed an average household to purchase a home without becoming cost burdened (less than 30 percent of their income). In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. Based on the 2011-2015 ACS, the median income would be sufficient for a renter to afford $1,029 in housing costs per month, which includes rent and utilities, and not be cost burdened; 72 percent of the City’s renter population pays $999 or less per month. Cost of Housing Base Year: 2009 Most Recent Year: 2015 % Change Median Home Value 270,200 159,800 (41%) Median Contract Rent 780 813 4% Table 29 – Cost of Housing Data Source:2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Rent Paid Number % Less than $500 4,200 13.8% $500-999 17,740 58.1% $1,000-1,499 7,279 23.8% $1,500-1,999 1,155 3.8% $2,000 or more 180 0.6% Total 30,554 100.0% Table 30 - Rent Paid Data Source:2011-2015 ACS       Packet Pg. 800 Consolidated Plan SAN BERNARDINO 68 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Affordability % Units affordable to Households earning Renter Owner 30% HAMFI 1,890 No Data 50% HAMFI 4,130 2,915 80% HAMFI 18,415 7,975 100% HAMFI No Data 11,994 Total 24,435 22,884 Table 31 – Housing Affordability Data Source:2011-2015 CHAS Monthly Rent Monthly Rent ($)Efficiency (no bedroom) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Fair Market Rent 0 0 0 0 0 High HOME Rent 0 0 0 0 0 Low HOME Rent 0 0 0 0 0 Table 32 – Monthly Rent Data Source Comments: Is there sufficient housing for households at all income levels? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Overall, affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels. According to the CHAS 2011-2015 data, approximately 13,335 households are at 0-30 percent AMI, yet there are only 1,890 rental units available that are affordable to these households (no data is available on homeowner units). For the approximately 9,795 households in the City that are at 30-50 percent AMI, 4,130 rental units are affordable, and 2,915 units are affordable for ownership. There is a surplus of affordable units for some of the 10,630 households in the 50-80 percent HAMFI bracket: there are approximately 18,415 rental units and 7,975 ownership units affordable to these households.       Packet Pg. 801 Consolidated Plan SAN BERNARDINO 69 OMB Control No: 2506-0117 (exp. 06/30/2018) The same is true of the 6,275 households in the City that are in the 80-100 percent HAMFI bracket: there are 11,994 units that are affordable to households earning 100 percent HAMFI, again, creating a surplus of affordable units for households in this range. How is affordability of housing likely to change considering changes to home values and/or rents? As illustrated in the table below, home prices in the City of San Bernardino are low compared to those of the state. However, the median single-family home price has increased by approximately 23 percent between January 2016 and January 2019, which is similar to both the County of San Bernardino (24 percent increase) and the state of California as a whole (23 percent increase), during that same time period. According to the ACS 2015-2018 5-Year Estimates, the majority of renters have consistently spent between $500 and $1,499 between 2015 and 2018; renters spending between $1,500 to $1,999 doubled during the same time period. Overall, San Bernardino is experiencing an increase in rental housing costs. Between 2015 and 2018, the median rent increased from $976 to $1,068. As shown in the table below, both the lowest cost categories (up to $999) and the highest cost categories ($2,000- $2,999) decreased as a percentage of the rental market. Based upon market data for home prices and rental units, it can be expected that costs will increase, by small percentages. How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? The median gross rent for San Bernardino, according to the ACS 2018 1-Year Estimate, was $1,068; however, the HUD fair market rent for a three-bedroom is higher at $1,717. According to the number of units available, there is a need to develop affordable units for extremely low- to very low-income households. HUD defines cost burden as 30 percent or more of family’s household income spent on housing costs, including utilities. Affordable housing cost then would be 30 percent or less of a household’s income. The HAMFI for the Riverside-San Bernardino-Ontario, CA MSA is $69,700. Affordable rent for a family of four, earning 80 percent of the area median family income, or $55,760, would be $1,436; for a family earning a very low income of 35,900, $894; and for a family earning extremely low income of 25,750, $644. A strategy to address affordable housing needs would be to put HOME and CDBG dollars toward affordable housing construction for extremely low- and very low- income households. Discussion See discussion above.       Packet Pg. 802 Consolidated Plan SAN BERNARDINO 70 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) Introduction This section of the ConPlan discusses existing housing supply, age and condition of housing, the number of vacant and abandoned units, and the risk posed by lead-based paint. As discussed in MA-10, 61 percent of the housing stock in the City of San Bernardino is single-family detached. Multiunit structures make up the second highest percentage at 19 percent of housing stock. As is common in many cities in the nation, most residential development in the City occurred between 1950 and 1979. The following section describes the conditions of the housing stock in the City. HUD defines housing “conditions” similarly to the definition of housing problems discussed in the Needs Assessment. These conditions are: 1. More than one person per room; 2. Cost burden greater than 30 percent; 3. Lack of complete plumbing; and 4. Lack of complete kitchen facilities. Definitions In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value. Condition of Units Owner-Occupied Renter-OccupiedCondition of Units Number %Number % With one selected Condition 10,325 38%16,544 54% With two selected Conditions 1,080 4%4,305 14% With three selected Conditions 10 0%160 1% With four selected Conditions 0 0%20 0% No selected Conditions 15,620 58%9,515 31% Total 27,035 100%30,544 100% Table 33 - Condition of Units Data Source:2011-2015 ACS       Packet Pg. 803 Consolidated Plan SAN BERNARDINO 71 OMB Control No: 2506-0117 (exp. 06/30/2018) Year Unit Built Owner-Occupied Renter-OccupiedYear Unit Built Number %Number % 2000 or later 2,265 8%1,530 5% 1980-1999 6,644 25%8,275 27% 1950-1979 12,720 47%15,580 51% Before 1950 5,405 20%5,155 17% Total 27,034 100%30,540 100% Table 34 – Year Unit Built Data Source:2011-2015 CHAS Risk of Lead-Based Paint Hazard Owner-Occupied Renter-OccupiedRisk of Lead-Based Paint Hazard Number %Number % Total Number of Units Built Before 1980 18,125 67%20,735 68% Housing Units build before 1980 with children present 4,650 17%1,905 6% Table 35 – Risk of Lead-Based Paint Data Source:2011-2015 ACS (Total Units) 2011-2015 CHAS (Units with Children present) Vacant Units Suitable for Rehabilitation Not Suitable for Rehabilitation Total Vacant Units 3,570 0 3,570 Abandoned Vacant Units 0 0 0 REO Properties 193 0 193 Abandoned REO Properties 0 0 0 Table 36 - Vacant Units Alternate Data Source Name: Vacant Unit Data Data Source Comments:Vacant Units, 2017 ACS 1-Year EstimatesSan Bernardino, CA REO, Realtytrac.com, January 27, 2020 Need for Owner and Rental Rehabilitation Most occupied units were built before 1980. Sixty-eight percent of renter-occupied units and 67 percent of owner-occupied units were built prior to 1980. For units built between 1950 and 1979, renters outnumber owners by nearly 25 percent. The disproportionate share of renters that occupy older units could indicate a more urgent need for the rehabilitation of rental units in the City. The high percentage of older units, both owned-occupied and renter-occupied, indicates the potential need for rehabilitation for both.       Packet Pg. 804 Consolidated Plan SAN BERNARDINO 72 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards To estimate the number of housing units in the City with lead-based paint (LBP) hazards that are occupied by LMI families, the building age of each unit is evaluated. The use of LBP on residential units was prohibited after 1978, but for the sake of this plan, the number of units built before 1980 will be used to determine how many LMI households are at risk of LBP hazards. The 2011-2015 ACS data in Table 36 shows that approximately 38,860 units in San Bernardino were built before 1980 and could be at risk of LBP. Based upon the 2012-2016 CHAS data, approximately 31,062 residential units built prior to 1980 are occupied by LMI families and are at risk of exposure to LBP hazards. Discussion The City will continue to develop policies to rehabilitate older and abandoned housing in the City in an effort to fulfill its Regional Housing Need Allocation (RHNA) obligation and provide housing to LMI households. The City will continue efforts to reduce LBP hazards in housing constructed prior to 1978 and assisted through the Owner-Occupied Residential Rehabilitation Program by testing for LBP. If LBP is found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation. All City procedures for the prevention of LBP poisoning when working on residential structures will comply with 24 CFR Part 35. The City still has several abandoned homes that have been foreclosed, have deteriorated, and have been vandalized. In Ward 1, there is a focus on the City’s Single-Family Unit Acquisition and Rehabilitation program, but foreclosed homes citywide are eligible properties. The City has identified providers, including Housing Partners 1, Inc. and Neighborhood Housing Service of the Inland Empire, to rehabilitate, manage, market, and close the sale of foreclosed homes. The vacant unit table found in this section only includes the number of vacant units and REO units. The City has not completed a recent housing conditions study to determine which units are not suitable for rehabilitation. As properties are rehabilitated using CDBG and HOME funds each is evaluated to determine whether it is suitable for rehabilitatioin.       Packet Pg. 805 Consolidated Plan SAN BERNARDINO 73 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-25 Public and Assisted Housing – 91.210(b) Introduction The HACSB is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. Currently, the HACSB does not anticipate awarding new project-based vouchers. Totals Number of Units Program Type Vouchers Special Purpose Voucher Certificate Mod-Rehab Public Housing Total Project -based Tenant -based Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers available 0 0 1,321 8,678 552 8,126 352 1,109 834 # of accessible units *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 37 – Total Number of Units by Program Type Data Source:PIC (PIH Information Center) Describe the supply of public housing developments: Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan: Under the FY12 HUD appropriations act, the Rental Assistance Demonstration (RAD) program allows public housing agencies (PHAs) to convert their public housing units from their original sources of HUD financing to project-based Section 8 contracts. Similar to the Section 8 Housing       Packet Pg. 806 Consolidated Plan SAN BERNARDINO 74 OMB Control No: 2506-0117 (exp. 06/30/2018) Choice Voucher (HCV) program, income eligible tenants pay 30 percent of their income and the project-based rental assistance makes up the difference between what an extremely low-, low-, or very low-income household can afford and the approved rent for the unit. Tenants would have the option of applying to renew the Section 8 contract. As of FY 2020, all public housing units under the HACSB will be converted to project- based vouchers, commonly referred to as Section 8 units. Planned existing project-based voucher properties include: •Family Community, New Development – 333 units •Family Community, Existing Development – 434 units •RAD Conversion, Existing Public Housing Community – 1,003 units •Senior Community, Existing Development – 349 units •Family & Senior Community, New Development – 11 units •Veterans’ Housing, New Development – 37 •Permanent Supportive Housing for Chronically Homeless – 69 •Veterans’ Housing, Scattered Sites – 12 In June 2018, the City of San Bernardino received $20 million from the state’s Strategic Growth Council through the California Affordable Housing and Sustainable Communities program. The funding has been prioritized to revitalize the Arrowhead Grove neighborhood, formerly the Waterman Gardens Public Housing site, and the adjacent corridor. The project will include 147 affordable housing units and 36 market-rate units, along with pedestrian and transit improvements that will benefit the community at large. The National Community Renaissance (National CORE), an affordable housing developer, has partnered with the HACSB for the project. As mentioned above, all units under the HACSB will be converted to project-based vouchers, commonly referred to as Section 8 units. The primary benefit of RAD is that properties that convert under this process are no longer restricted from securing private sources of capital financing, and the owners are therefore able to address deferred maintenance issues that have caused public housing and other HUD rental stock to deteriorate nationwide. HACSB refers to housing projects as Asset Management Projects (AMPs). The initial phase of the RAD conversion included rehabilitation at the following sites: •97 scattered site units in AMP 120 •330 units in AMP 130 (Maplewood Homes)       Packet Pg. 807 Consolidated Plan SAN BERNARDINO 75 OMB Control No: 2506-0117 (exp. 06/30/2018) •75 units in AMP 150 (Brockton site 19-05) •50 units in AMP 160 (Monte Vista site 19-06) In September 2018, the second phase of the RAD conversion of public housing units closed and rehabilitation work identified under the RAD physical needs assessments commenced. The second phase of the conversion included the following sites: •12 scattered site units in AMP 150 (E. 9th Street) •125 units in AMP 160 (Colton sites 19-04 & 19-10) •217 units in AMP 170 (Barstow sites 19-07, 19-12, 19-13 and Deseret) All public housing units have been converted through RAD and therefor there are no public housing units in the City.       Packet Pg. 808 Consolidated Plan SAN BERNARDINO 76 OMB Control No: 2506-0117 (exp. 06/30/2018) Public Housing Condition Public Housing Development Average Inspection Score Table 38 - Public Housing Condition Describe the restoration and revitalization needs of public housing units in the jurisdiction: The HACSB has received approval under HUD’s RAD program and has converted its entire public housing portfolio. As of FY 2020, all units have been or will be converted to project-based vouchers, commonly referred to as Section 8 units. Describe the public housing agency's strategy for improving the living environment of low- and moderate-income families residing in public housing: The HACSB works to facilitate opportunities for families and individuals to become self-sufficient and financially independent so that they can transition from dependency on housing subsidy through the following strategies: •Develop and maintain policies, programs, and services that foster accountability, responsibility, and economic independence. •Partner with external organizations to support clients in acquiring life skills, education, and training. •Strengthening tenants’ personal accountability and in transitioning to home ownership/market rentals In addition to implementing non-MTW activities to address the goal of self-sufficiency, the HACSB has implemented nine MTW activities that address this goal: Local Policies for Portability, Elimination of Earned Income Disallowance, Minimum Rent, Pilot Work Requirement, Local Income Inclusion, implementation of a local Family Self Sufficiency program, Term-Limited Lease Assistance Program, No Child Left Unsheltered, and Transition for Over-Income Families Discussion: Over 10,700 housing vouchers are currently active countywide, of which there are approximately 2,600 voucher holders in the City of San Bernardino. Approximately 37 percent of the voucher holders have requested accessible units or features. The majority of voucher holders have a tenant-based vouchers. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. There is a need for applicant assistance in the housing program application process as well as finding property owners that will accept vouchers.       Packet Pg. 809 Consolidated Plan SAN BERNARDINO 77 OMB Control No: 2506-0117 (exp. 06/30/2018) The Housing Choice Vouchers program is unable to accommodate all low-income households. There is a housing gap of 11,445 units for households earning between 0 to 30 percent AMI as well as a housing gap of 2,750 units for households earning between 30 to 50 percent AMI. Hispanic and Black/African American households are the most prevelent cost burdened populations. Assisted units sometimes convert to market rate units when affordable housing contracts expire. Many of the City’s affordable housing projects that are assisted with project-based Section 8 contracts are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. Specifically, a total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.       Packet Pg. 810 Consolidated Plan SAN BERNARDINO 78 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-30 Homeless Facilities and Services – 91.210(c) Introduction The City of San Bernardino assists homeless populations through funding supportive service providers in the community. The City has traditionally provided funding through the ESG program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. Facilities and Housing Targeted to Homeless Households Emergency Shelter Beds Transitional Housing Beds Permanent Supportive Housing Beds Year Round Beds (Current & New) Voucher / Seasonal / Overflow Beds Current & New Current & New Under Development Households with Adult(s) and Child(ren)252 17 145 695 0 Households with Only Adults 176 0 101 833 0 Chronically Homeless Households 0 0 0 652 0 Veterans 29 0 5 712 0 Unaccompanied Youth 5 0 0 3 0 Table 39 - Facilities and Housing Targeted to Homeless Households Data Source Comments:2019 San Bernardino City and County CoC Housing Inventory Count       Packet Pg. 811 Consolidated Plan SAN BERNARDINO 79 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Many organizations in San Bernardino, including businesses, civic groups, corporations, educational institutions, faith-based organizations, local government, and nonprofit agencies, provide financial assistance, food, health care, clothing, legal assistance, public assistance, rental assistance, and utility assistance at little or no cost. Mainstream benefit programs such as CalFresh, Medicaid/Medi-Cal, Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and Veteran’s Benefits are available to homeless persons in the City. Additionally, the Homeless Provider Network (HPN) acts as an advocate for homeless populations and those at risk of becoming homeless. The HPN facilitates the collaboration between the public and private sectors to coordinate services to assist and prevent homelessness. Member organizations of the HPN meet monthly. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. The City works with various agencies and provides referrals for services to homeless populations and those at risk of homelessness: • Community Action Partnership of San Bernardino County – provides homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education, and linkages to other support services. • Family Service Association of Redlands – provides emergency shelter (motel vouchers), wraparound services, and case management to prevent homelessness. • Lutheran Social Services – provides emergency shelter as a "bridge" to permanent housing, and wrap- around services to help homeless men 18 years and older to achieve self-sufficiency. • Step Up on Second – provides supportive services which begin with engagement and street outreach activities. • The Salvation Army Hospitality House – provides emergency shelter, referrals to permanent housing services, and meals to families and single females experiencing homelessness. Other agencies in the County providing services to address homelessness include: •Catholic Charities San Bernardino •High Desert Homeless Services, Inc. •Victor Valley Family Resource Center Time for Change Foundation provides emergency shelter services to women and children as well as permanent housing. Helping Hands Pantry, a food bank, serves the communities of the County of San Bernardino; programs include a mobile food pantry and the College Student Food Assistance Program for students who do not have the resources to buy enough food.       Packet Pg. 812 Consolidated Plan SAN BERNARDINO 80 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-35 Special Needs Facilities and Services – 91.210(d) Introduction There are 39 adult residential facilities in the City of San Bernardino. Such facilities provide safe and secure places for the elderly and persons with disabilities to stay while their primary caretakers work or run errands. In January 2020, there were 60 licensed adult residential facilities in the City with the capacity to accommodate a total of 835 persons. Residential care facilities for the elderly are family homes, group care facilities, or other similar facilities in which non-medical care is provided 24 hours per day to support daily activities and ensure personal security of the elderly. There are 24 residential elder care facilities in the City that accommodate 505 persons. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Elderly. Elderly persons may have special housing needs primarily due to income, health care costs, and physical or mental disabilities, particularly those that tend to increase with age. As a result, the elderly may face difficulty in finding housing and may become victims of housing discrimination or fraud. According to the 2011-2015 ACS, approximately 15,302 persons 62 years and older reside in the City, representing seven percent of the total population. The senior population is growing at a faster pace than the overall population. According to the ACS, between 2010 and 2017, the total number of elderly persons in San Bernardino increased by more than 12 percent while the City’s total population increased by only 2.5 percent. Persons with Disabilities. Persons with disabilities frequently have special housing needs, often related to a potentially limited ability to earn enough income, a lack of accessible and affordable housing, and higher health costs associated with a disability. Persons with self-care and mobility limitations may also require housing design features such as wheelchair ramps, grab bars, special bathroom designs, and/or wider doorway openings. According to the ACS 2014-2018 5-Year Estimates, 12.5 percent of San Bernardino residents reported a disability, a decrease from the 2009-2013 estimates, which estimated that 13.2 percent of the population had one or more disabilities. Approximately 16.5 percent of those between the ages of 35 to 64 reported having a disability. Approximately 38.5 percent of those between the ages of 65 to 74 reported having a disability, which is approximately 8 percent higher than the County level. For those 75 years and older, 60.9 percent of the population reported having a disability, which is approximately 5 percent higher than the County level.       Packet Pg. 813 Consolidated Plan SAN BERNARDINO 81 OMB Control No: 2506-0117 (exp. 06/30/2018) A major challenge facing the City is the availability of housing stock with accessible features that meet the needs of disabled residents and their families. The ACS 2014-2018 5-Year estimates showed that 14.2 percent, or 2,586, residents above the age of 65 were living below the poverty level. Living below the poverty level further limits resources and puts an additional constraint on the already limited housing options available to seniors with a disability. Community outreach also revealed a need for housing programs with mental health services for people with mental and physical disabilities. Drugs/Alcohol. The County of San Bernardino provides alcohol and drug services through the Substance Use Disorder and Recovery Services (SUDRS) program. Services are available to all County residents. Additionally, Supervised Treatment After Release (STAR) is the treatment component of the Mental Health Court System of Care. Individuals are generally referred while incarcerated in the West Valley Detention Center. STAR arranges for: •Day treatment •Intensive case management •Residential placement •Drug and alcohol treatment •Periodic court reviews HIV/AIDS. The National Commission on AIDS states that up to half of all Americans with HIV or AIDS are either homeless or at imminent risk of becoming homeless because of their illness, lack of income or other resources, and having a weak support network. Persons with HIV/AIDS may also require a broad range of services, including counseling, medical care, in-home care, transportation assistance, and food provision. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing The City has worked with St. Bernadine Hospital to transition homeless individuals who are being discharged from the hospital into transitional housing and ultimately transition into permanent housing. The City will continue to support the regional Continuum of Care’s efforts to implement the San Bernardino County 10-Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that state and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness. The City has provided ESG funding to Step Up on Second (Step       Packet Pg. 814 Consolidated Plan SAN BERNARDINO 82 OMB Control No: 2506-0117 (exp. 06/30/2018) Up) for essential service referrals and housing placement services to homeless and near-homeless persons. Step Up also provides daily street outreach to the most service-resistant homeless population in San Bernardino. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e) Through CDBG, ESG, and other available resources, the City traditionally funds organizations that provide services to residents in need. Such funding support includes ADA accessibility for public spaces and service organizations providing assistance and referrals to low-income persons in need of various supportive services. In 2020-2021 the City intends to fund several affordable housing initiatives including the development of new affordable rental housing (100 units), expand home ownership opportunties to eligible LMI households through its Infill Housing Program (4 new units) and its First Time Home Ownership Program (2 existing units), rental housing rehabilitation (239 units), and through fair housing assistance which will help over 2,000 property owners and tenants citywide. The City prioritizes families whose household income is extremely low and low income income. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) See above discussions.       Packet Pg. 815 Consolidated Plan SAN BERNARDINO 83 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-40 Barriers to Affordable Housing – 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects. Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Infrastructure and Impact Fees: Impact fees are charged to housing developers to pay for City infrastructure that will support the project, or pay for parks or other City services that protect the welfare of residents. A primary financial deterrent for developers is the high cost of impact fees. Construction costs, permitting fees, and impact fees are passed on to the consumer, driving up the cost of housing at all income levels.       Packet Pg. 816 Consolidated Plan SAN BERNARDINO 84 OMB Control No: 2506-0117 (exp. 06/30/2018) State and Federal Davis-Bacon Prevailing Wages: The state Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multifamily project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.       Packet Pg. 817 Consolidated Plan SAN BERNARDINO 85 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-45 Non-Housing Community Development Assets – 91.215 (f) Introduction The City of San Bernardino is located in the Inland Empire, which is part of a populous area west of Los Angeles in Southern California. Top employers in the City include California State University, San Bernardino, Caltrans, and the Community Hospital of San Bernardino. There are 57,889 jobs in the City with a labor force of approximately 88,000. The City has strong millennial growth with an average age of 32, younger than both the state (36) and the nation (37). Additionally, the County is the second-fastest growing county in the state, likely due to lower home prices and commercial vacancy rates, making the area ideal for investment. Economic Development Market Analysis Business Activity Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 771 229 1 0 -1 Arts, Entertainment, Accommodations 7,079 7,320 13 13 0 Construction 4,002 2,357 7 4 -3 Education and Health Care Services 11,756 14,338 21 25 4 Finance, Insurance, and Real Estate 2,248 3,649 4 6 2 Information 752 350 1 1 0 Manufacturing 5,683 3,438 10 6 -4 Other Services 2,023 2,422 4 4 0 Professional, Scientific, Management Services 3,168 4,139 6 7 1 Public Administration 0 0 0 0 0 Retail Trade 8,041 8,264 15 14 -1 Transportation and Warehousing 5,321 7,872 10 14 4 Wholesale Trade 4,046 3,511 7 6 -1 Total 54,890 57,889 ------ Table 40 - Business Activity       Packet Pg. 818 Consolidated Plan SAN BERNARDINO 86 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source:2011-2015 ACS (Workers), 2015 Longitudinal Employer-Household Dynamics (Jobs)       Packet Pg. 819 Consolidated Plan SAN BERNARDINO 87 OMB Control No: 2506-0117 (exp. 06/30/2018) Labor Force Total Population in the Civilian Labor Force 88,507 Civilian Employed Population 16 years and over 73,795 Unemployment Rate 16.60 Unemployment Rate for Ages 16-24 34.05 Unemployment Rate for Ages 25-65 9.00 Table 41 - Labor Force Data Source:2011-2015 ACS Occupations by Sector Number of People Management, business and financial 9,155 Farming, fisheries and forestry occupations 4,155 Service 10,555 Sales and office 18,790 Construction, extraction, maintenance and repair 7,535 Production, transportation and material moving 5,500 Table 42 – Occupations by Sector Data Source:2011-2015 ACS Travel Time Travel Time Number Percentage < 30 Minutes 45,150 66% 30-59 Minutes 15,889 23% 60 or More Minutes 7,445 11% Total 68,484 100% Table 43 - Travel Time Data Source:2011-2015 ACS Education: Educational Attainment by Employment Status (Population 16 and Older) In Labor ForceEducational Attainment Civilian Employed Unemployed Not in Labor Force Less than high school graduate 14,685 3,539 14,005 High school graduate (includes equivalency)16,405 2,535 10,015 Some college or Associate's degree 19,900 2,590 7,675       Packet Pg. 820 Consolidated Plan SAN BERNARDINO 88 OMB Control No: 2506-0117 (exp. 06/30/2018) In Labor ForceEducational Attainment Civilian Employed Unemployed Not in Labor Force Bachelor's degree or higher 8,335 615 2,630 Table 44 - Educational Attainment by Employment Status Data Source:2011-2015 ACS Educational Attainment by Age Age 18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs Less than 9th grade 535 2,144 3,713 7,580 3,660 9th to 12th grade, no diploma 5,399 5,765 5,350 7,669 2,500 High school graduate, GED, or alternative 9,005 9,785 7,140 12,035 4,600 Some college, no degree 10,905 8,939 5,085 9,830 3,385 Associate's degree 1,004 2,258 1,405 2,665 1,224 Bachelor's degree 1,179 2,595 1,775 3,705 1,394 Graduate or professional degree 15 754 850 1,894 918 Table 45 - Educational Attainment by Age Data Source:2011-2015 ACS Educational Attainment – Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 33,509 High school graduate (includes equivalency)65,568 Some college or Associate's degree 88,789 Bachelor's degree 57,200 Graduate or professional degree 109,150 Table 46 – Median Earnings in the Past 12 Months Data Source:2011-2015 ACS Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? Education and health care services is the top employment sector with the highest percentage of local workers within the sector in San Bernardino, followed by retail trade, arts/entertainment/accommodations, transportation and warehousing, and manufacturing. The sectors with the highest percentage of jobs within the sector are education and healthcare services, retail, transportation and warehousing, and arts, entertainment and accommodations. Manufacturing has the       Packet Pg. 821 Consolidated Plan SAN BERNARDINO 89 OMB Control No: 2506-0117 (exp. 06/30/2018) most oversupply of labor (more workers than jobs). Education/health care services and finance/insurance/real estate both have the most undersupply of labor (more jobs than workers). Describe the workforce and infrastructure needs of the business community: The City has a civilian labor force of 88,507. However, the unemployment rate is unusually high at 16.6 percent overall, and 9 percent for those in the 25-65 age cohort; the national rate is 3.7 percent and for comparably sized cities, 5.5 percent. Though education and health care services are the top business sector, the most occupations are in sales and office. As discussed above, there is a need for workers in the finance, insurance, and real estate sector. Additionally, because of the finding that there are more workers than jobs in manufacturing, it could be beneficial to incentivize manufacturing companies to locate in the City. The public outreach process for the 2020-2025 ConPlan also expressed the need for job training for residents. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The City of San Bernardino has developed the San Bernardino Downtown Vision & Action Plan, which includes the development of the 48.2-acre Carousel District. A goal of the plan is to capitalize on the Carousel District’s ability to attract visitors to its arts and entertainment amenities by further developing the area. Projects being considered for this mixed-use development include residential market-rate housing and retail redevelopment with future phases of office, educational, and/or additional housing. In addition to development, the InTech Center in Fontana is part of an initiative designed to provide hands-on training that manufacturing employers are looking for. Manufacturing sectors are growing in the County and include advanced manufacturing, food, plastics, and metal manufacturing. The center provides individual certificate programs as well as comprehensive career skill development, such as in industrial maintenance, pre-engineering, robotics, and IT. Tens of thousands of new residential units are anticipated. As such, the County also has resources in place to attract retail by assisting investors with site selection, business planning, obtaining permits to operate retail, workforce assistance, and demographic and market reports. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? As discussed above, there is a need for workers in the finance, insurance and real estate sector, possibly indicating a need for related job training and educational opportunities. Additionally, because of the finding that there are more workers than jobs in manufacturing, it could be beneficial to incentivize       Packet Pg. 822 Consolidated Plan SAN BERNARDINO 90 OMB Control No: 2506-0117 (exp. 06/30/2018) manufacturing companies to locate in the City. As mentioned above, job training is a need in the community. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. The San Bernardino Community and Economic Development Department will continue consulting with County Workforce Development, County Department of Behavioral Health, and County Office on Aging and Adult Services, all of which are involved in the delivery of housing, supportive services and economic development to low- and moderate-income San Bernardino residents. Workforce Development provides job placement services for persons in the County and paid on-the-job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s Emprendedores program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the Emprendedores program, the City will cross promote the services available through Workforce Development. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? No If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. The City does not have a comprehensive economic development strategy. Discussion See discussion above.       Packet Pg. 823 Consolidated Plan SAN BERNARDINO 91 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") As discussed below, there are racial and ethnic concentrations and LMI concentrations within the City. The definition of “concentration” is provided below. Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") A minority concentration is defined as census tracts where the percentage of individuals of racial or ethnic minority groups is at least 20 percent higher than the City average. An LMI concentration is defined as a census tract in which the median household income is less than or equal to 80 percent of the statewide median family income, in which the median family income is less than or equal to 80 percent of the metropolitan area’s median family income, or in which the federal poverty rate is 20 percent or greater. As discussed in NA-30, five census tracts have a Hispanic minority concentration. A majority of the City is considered an LMI area (see attached LMI Concentration Map). What are the characteristics of the market in these areas/neighborhoods? According to the ACS 2014-2018 5-Year Estimates, the median household income for the City is $43,136, which is less than the County’s median household income of $60,164. As of January 24, 2020, there are approximately 185 houses in various states of foreclosure throughout the City. Housing units in foreclosure generally overlap with LMI neighborhoods displayed in the attached Map. Are there any community assets in these areas/neighborhoods? The County operates an Employment Resource Center in downtown San Bernardino near City Hall in an LMI neighborhood. California State University, San Bernardino is also located in an LMI neighborhood. Are there other strategic opportunities in any of these areas? The City has several economic advantages, including modern industrial buildings, convenient freeway access, and generally lower labor costs. Additionally, the City continues to encourage economic development and will continue to fund nonprofits that develop the capacity of residents through job and small business development training.       Packet Pg. 824 Consolidated Plan SAN BERNARDINO 92 OMB Control No: 2506-0117 (exp. 06/30/2018) Minority Concentration Map       Packet Pg. 825 Consolidated Plan SAN BERNARDINO 93 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate-income households and neighborhoods. According to the California Interactive Broadband Map, most of the City is served by fixed-service broadband. Most unserved areas are nonresidential; however, approximately 150 mobile homes are unserved in the City. Stakeholders also identified a need for internet access among homeless individuals and housing program participants. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. Charter Communications (Spectrum) and Frontier Communications are the primary fixed-service internet service providers (ISPs) operating within the City. Charter and Frontier generally cover the entire City, save for the unserved pockets discussed above. Frontier provides DSL and fiber internet, whereas Charter provides broadband with small pockets of fiber service. The table attached with this section displays the monthly price of internet (excluding equipment rental fees) by ISP as of January 24, 2020. For households that are recipients of the National School Lunch Program (NSLP), the Community Eligibility Provision of the NSLP, or Supplemental Security Income (SSI; 65 years and older), Charter offers broadband internet access (up to 30Mbps) for $14.99 per month with no equipment rental fees. Frontier also provides low-cost internet access (1.61Mbps to 12Mbps) for $19.99 per month for recipients of CalFresh, SSI, Medi-Cal, and Bureau of Indian Affairs programs. This offer also comes with a Chromebook provided by funding from the California Emerging Technology Fund. LMI households who are participants of these programs would be able to access the internet at a low cost. LMI households who are not participants of these specific programs or cannot afford the reduced price would be unable to access the internet.       Packet Pg. 826 Consolidated Plan SAN BERNARDINO 94 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction’s increased natural hazard risks associated with climate change. Climate change is a phenomenon where greenhouse gases (GHGs) produced by natural and man-made sources trap heat in the atmosphere, causing an increase in the global average air and ocean temperatures and the melting of snow and ice, which consequently causes sea level rise. Depending on the level of emissions, by 2099, the average temperature of San Bernardino County is projected to rise between 3.8 and 6.7 degrees Fahrenheit. Increased temperatures could manifest as heat waves, which would lead to increased incidents of heat stress and heat stroke and exacerbate existing health conditions. Furthermore, the lack of moisture in the air, when compounded by long-term drought, may also increase the risk of wildfires, resulting in more deaths, destroyed property, and increased air pollution. Climate change may also cause increased occurrences of extreme weather events, such as storms and flooding. This would increase fatal and nonfatal injuries, ruin housing, and may result in permanent displacement. Describe the vulnerability to these risks of housing occupied by low- and moderate-income households based on an analysis of data, findings, and methods. LMI households and those with special needs without the means to evacuate would be more vulnerable during natural disasters caused by climate change. It would be difficult for households to acquire transportation and housing accommodations during an emergency. Additionally, housing destroyed by natural disasters would be difficult to replace in the already constrained housing market. Furthermore, households without adequate air conditioning systems would also be at increased risk of heat stress and heat stroke. Stakeholders identified homeless individuals as having the greatest risk from emergencies and natural disasters. Extreme heat events require cooling centers; however, resources may not be available to accommodate all homeless persons. Additionally, it was identified that households at risk of fire hazard may not have the resources to find replacement housing, and resources may not be available to provide emergency shelter.       Packet Pg. 827 Consolidated Plan SAN BERNARDINO 95 OMB Control No: 2506-0117 (exp. 06/30/2018) Strategic Plan SP-05 Overview Strategic Plan Overview This overview summarizes the key points of each section of the market analysis and sets a basis for some of the funding priorities listed in the Strategic Plan. The Market Analysis identifies the City’s housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing. As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980. There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community.       Packet Pg. 828 Consolidated Plan SAN BERNARDINO 96 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-10 Geographic Priorities – 91.215 (a)(1) Geographic Area Table 47 - Geographic Priority Areas Area Name:CityWide Area Type:Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Other Other Revital Description:Housing & Public Services Identify the neighborhood boundaries for this target area. San Bernardino continues to want to fund projects and services for LMI residents throughout the City. Creating inclusive neighborhoods and reducing barriers and boundardies to affordable is a high priority. Include specific housing and commercial characteristics of this target area. The City's commercial corridors are considered major hub areas of activity (routes 10, 215 and 210 and W. 5th Street). Dense residential and nonresidential development including multi-family and multi-story commercial buildings, exists in the southern half of the City in the downtown, while less dense residential neighborhoods exist in the northern most areas of the City. Around the periphery of the downtown there are medium density neighborhoods containing townhomes, apartments, doubles and dense single family housing units. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? The consultation process did not pinpoint any specific region. Stakeholders and service agencies noted they assist homeless and or LMI residents located throughout the City. Identify the needs in this target area.Citywide affordable housing is an issue, particularly for extremely low and low income families. 1 What are the opportunities for improvement in this target area? The City's housing rehabilitation, rental and homebuyers assistance, and infill development programs are the right tools to create more available affordable permanent housing units.       Packet Pg. 829 Consolidated Plan SAN BERNARDINO 97 OMB Control No: 2506-0117 (exp. 06/30/2018) Are there barriers to improvement in this target area? Yes, there is an ongoing issues of funding, assistance, both private and public, for affordable housing develpment and families living in poverty. Area Name:LMI Areas of the City Area Type:Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Other Other Revital Description:Public and community facilities Identify the neighborhood boundaries for this target area. LMI areas in the city are designated on attached mapping. They are the census tracts and block groups that have been designated as 51% or more as being LMI. A large majority of the City are desginated as LMI. However this designation does not apply to the census tracts located in the very northeastern portion of the City. Include specific housing and commercial characteristics of this target area. The City's commercial corridors are considered major hub areas of activity (routes 10, 215 and 210 and W. 5th Street). Dense residential and nonresidential development including multi-family and multi-story commercial buildings, exists in the southern half of the City in the downtown, while less dense residential neighborhoods exist in the northern most areas of the City. Around the periphery of the downtown there are medium density neighborhoods containing townhomes, apartments, doubles and dense single family housing units. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? The consultation process did not pinpoint any specific region. City staff and officials intend to prioritize and upgrade public infrastructure and recreation facilities and community centers. Identify the needs in this target area.Aging sewer and water infrastructure, park equipment, accessibility of public streets and sidewalks, and community facilities. 2 What are the opportunities for improvement in this target area? Improve aging facilities that could, if left go, affect the health and safety of the community residents.       Packet Pg. 830 Consolidated Plan SAN BERNARDINO 98 OMB Control No: 2506-0117 (exp. 06/30/2018) Are there barriers to improvement in this target area? The top barrier is the ability to fully-fund infrastructure projects and improve all the City parks ontop funding routine maintenance costs. General Allocation Priorities Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) The City will use most of its federal funding to finance projects targeted to low- to moderate-income households throughout the City, including those in special needs categories. Based on 2011-2015 CHAS data, 59 percent of households in the City are low- to moderate-income households. Because more than half of residents would qualify for CDBG assistance and there are no concentrated areas of poverty, the City is taking the approach of allocating CDBG funds across the whole City.       Packet Pg. 831 Consolidated Plan SAN BERNARDINO 99 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-25 Priority Needs - 91.215(a)(2) Priority Needs Table 48 – Priority Needs Summary Priority Need Name Preserve and Rehabilitate Housing Priority Level High Population Low Moderate Large Families Families with Children Elderly Persons with Physical Disabilities Geographic Areas Affected CityWide Associated Goals Preserve and Rehabilitate Housing Description The preservation and rehabilitation of single-family owner-occupied housing and multi-family rental units. 1 Basis for Relative Priority As discussed in MA-20, 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. Community engagement efforts also identified a need for housing rehabilitation. Priority Need Name Expand Home Ownership Priority Level High Population Low Moderate Large Families Families with Children 2 Geographic Areas Affected CityWide       Packet Pg. 832 Consolidated Plan SAN BERNARDINO 100 OMB Control No: 2506-0117 (exp. 06/30/2018) Associated Goals Expand Home Ownership Description Affordable homeownership housing units added and first-time homebuyer assistance programs. Basis for Relative Priority The median income of the City is approximately $16,000 lower than the national average; however, the cost of living in the County is higher than the national average. Consequently, City residents will likely need assistance to secure their first home without incurring a cost burden. Survey respondents also identified a first-time homebuyer program as a critical housing need. Priority Need Name Provide Homeless and Homeless Prevention Services Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Public Housing Residents Chronic Homelessness Individuals Chronic Substance Abuse veterans Victims of Domestic Violence Unaccompanied Youth Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Geographic Areas Affected CityWide Associated Goals Provide Homeless and Homeless Prevention Services 3 Description Provide emergency shelters, rapid rehousing, and homelessness prevention services to homeless individuals and persons at risk of homelessness.       Packet Pg. 833 Consolidated Plan SAN BERNARDINO 101 OMB Control No: 2506-0117 (exp. 06/30/2018) Basis for Relative Priority As discussed in NA-20, there are approximately 890 homeless individuals living in the City of San Bernardino. Discussions with the San Bernardino County Homeless Partnership identified that homeless individuals are in need of services to alleviate or prevent homelessness. Priority Need Name New Affordable Rental Housing Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Geographic Areas Affected CityWide Associated Goals Preserve and Rehabilitate Housing New Affordable Rental Housing Description New affordable rental housing (new construction or rehabilitation) and new affordable rental housing with supportive services for homeless individuals and veterans. 4 Basis for Relative Priority There is a significant mismatch between housing supply and affordability within the City. As discussed in MA-15, there is a 11,445-unit gap for households earning between 0 and 30 percent AMI and a 2,750-unit gap for households earning between 30 and 50 percent AMI. Additionally, 17,398 low-income renter households are paying more than 30 percent of their income toward housing costs. Priority Need Name Promote Economic Development Priority Level High 5 Population Extremely Low Low Moderate       Packet Pg. 834 Consolidated Plan SAN BERNARDINO 102 OMB Control No: 2506-0117 (exp. 06/30/2018) Geographic Areas Affected CityWide Associated Goals Promote Economic Development Description Create job opportunities. Basis for Relative Priority The unemployment rate of the City is high at 16.6 percent. Additionally, only 10 percent of the labor force has a bachelor’s degree or higher and 21 percent have not graduated high school. Furthermore, 73 percent of survey respondents identified job creation as a critical economic development need. Priority Need Name Improve Facilities and Infrastructure Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Public Housing Residents Chronic Homelessness Chronic Substance Abuse veterans Victims of Domestic Violence Unaccompanied Youth Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Non-housing Community Development Geographic Areas Affected CityWide Associated Goals Improve Facilities and Infrastructure 6 Description Improve public facilities including parks and accessibility upgrades       Packet Pg. 835 Consolidated Plan SAN BERNARDINO 103 OMB Control No: 2506-0117 (exp. 06/30/2018) Basis for Relative Priority The City of San Bernardino’s 2018-2023 Capital Improvement Plan (CIP) has indicated the need for the replacement of streetlights, pavement rehabilitation, improvement of safe routes to schools, and citywide accessibility improvements. Community engagement efforts also identified a need for street, street lighting, and water/sewage improvements within the City. Priority Need Name Fair Housing Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Geographic Areas Affected CityWide Associated Goals Fair Housing Description Promote fair housing ans support fair housing services. 7 Basis for Relative Priority Between 2015 and 2016, 114 fair housing discrimination cases were forwarded to the Office of Fair Housing and Equal Opportunity; 51.8 percent of these cases were based on disability. Priority Need Name Planning and Administration Priority Level Low 8 Population Extremely Low Low Moderate Large Families Families with Children Elderly Public Housing Residents Other       Packet Pg. 836 Consolidated Plan SAN BERNARDINO 104 OMB Control No: 2506-0117 (exp. 06/30/2018) Geographic Areas Affected CityWide Associated Goals Planning and Administration Description Implement goals of Consolidated Plan. Basis for Relative Priority Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in this program. Narrative (Optional) In establishing the above priorities, the City has considered input from community engagement efforts, including the surveys, stakeholder interviews, and engagement meetings, as well as demographic and data analysis. Activities that address the high priority needs will be funded using CDBG, HOME, and ESG funds during the ConPlan period and activities that address low priority needs may be funded by these funds pending availability.       Packet Pg. 837 Consolidated Plan SAN BERNARDINO 105 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-30 Influence of Market Conditions – 91.215 (b) Influence of Market Conditions Affordable Housing Type Market Characteristics that will influence the use of funds available for housing type Tenant Based Rental Assistance (TBRA) The City does not offer TBRA. TBRA for Non- Homeless Special Needs The City does not offer TBRA. New Unit Production As discussed in the Market Assessment, there is a gap of 11,445 housing units for those earning less than 30 percent AMI and a gap of 2,750 housing units for those earning between 30 and 50 percent AMI. Rehabilitation As discussed in the Market Assessment, approximately 67 percent of owner- occupied housing and 68 percent of renter-occupied housing was built before 1980. Generally, housing begins to require major repairs after 30 or 40 years of age. Acquisition, including preservation The abundance of land within the City may make this option less desirable than new unit production; however, if acquisition costs are not too high, then rehabilitation can be less expensive than new construction Table 49 – Influence of Market Conditions       Packet Pg. 838 Consolidated Plan SAN BERNARDINO 106 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) Introduction San Bernardino estimates they will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In year 1 the City will receive: •CDBG $3,405,816 •HOME $1,404,784 •ESG $295,799 Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020.       Packet Pg. 839 Consolidated Plan SAN BERNARDINO 107 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,784 1,965,694 0 3,370,478 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 0 295,799 1,500,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Table 50 - Anticipated Resources       Packet Pg. 840 Consolidated Plan SAN BERNARDINO 108 OMB Control No: 2506-0117 (exp. 06/30/2018) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing, Community Investment Funds from Dignity Health State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds, Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In 2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $625,000. Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB) Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor Housing Agency HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100 percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction. If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and       Packet Pg. 841 Consolidated Plan SAN BERNARDINO 109 OMB Control No: 2506-0117 (exp. 06/30/2018) administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service hours. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need.       Packet Pg. 842 Consolidated Plan SAN BERNARDINO 110 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-40 Institutional Delivery Structure – 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Type Role Geographic Area Served CITY OF SAN BERNARDINO Government Economic Development Homelessness Non-homeless special needs Planning neighborhood improvements public facilities public services Jurisdiction SAN BERNARDINO COUNTY HOUSING AUTHORITY PHA Public Housing Rental Region San Bernardino County Homeless Partnership Continuum of care Homelessness Region Table 51 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System The City has invested significantly in its CDBG, HOME, and ESG programs, specifically for consulting, auditing, and program design; however, it remains financially constrained. The City continues to improve its capacity and effectiveness in using federal funding. Additionally, the City of San Bernardino participates in the San Bernardino County Homeless Partnership (SBCHP) through the Central Valley Steering Committee on the Interagency Council on Homelessness, which directs the SBCHP. The SBCHP coordinates homeless services and housing throughout the County. The partnership understands that homelessness is a massive issue which takes an enormous amount of planning and resources to address. Given this, the SBCHP continually tries to address gaps in its institutional structure and bolster its strengths. A gap analysis is performed annually to determine gaps in the service and structure of the partnership. The primary gap identified is a lack of funding to house or shelter all homeless individuals in the County. As identified in NA-40, there are approximately 2,600 homeless individuals living in San Bernardino County.       Packet Pg. 843 Consolidated Plan SAN BERNARDINO 111 OMB Control No: 2506-0117 (exp. 06/30/2018) Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling/Advocacy X X Legal Assistance X Mortgage Assistance X Rental Assistance X Utilities Assistance Street Outreach Services Law Enforcement Mobile Clinics Other Street Outreach Services X X Supportive Services Alcohol & Drug Abuse X X Child Care X X Education Employment and Employment Training X X Healthcare X X X HIV/AIDS X X X Life Skills X X Mental Health Counseling X X Transportation X X Other Table 52 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Besides CDBG funding, ESG funding is also used to combat homelessness within the City. The City coordinates with emergency shelters and funds nonprofit agencies that operate emergency shelters and transitional housing. These shelters offer basic needs and drop-in services. Transitional housing provides assistance in helping homeless individuals become more stable and continue independent living. Additionally, the SBCHP coordinates homeless services and housing throughout the County, including for the City of San Bernardino. The partnership has created an initiative to house veteran families, which has resulted in 1,260 veteran families being housed between 2015 and 2020. The SBCHP also has created initiatives to house the elderly and chronically homeless population.       Packet Pg. 844 Consolidated Plan SAN BERNARDINO 112 OMB Control No: 2506-0117 (exp. 06/30/2018) Furthermore, the organization has partnered with the Inland Empire Health Plan to provide health care services to homeless individuals throughout the County. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above Numerous resources are available for homeless individuals living with HIV/AIDS in the County, including service providers which provide permanent supportive housing. Additionally, the Inland Empire Health Plan serves anyone who is chronically homeless, which is defined as an individual who is homeless for more than a year or homeless four or more times in three years and has a disabling health condition, which includes HIV/AIDS. The SBCHP identifies a significant gap of resources for elderly persons and persons with disabilities. On average, elderly persons and persons with disabilities receive approximately $1,000 per month in social security income (SSI). However, the HUD fair market rent for the County is $986 for a one-bedroom unit. This leaves individuals receiving SSI without the means to afford housing, potentially leaving some homeless. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs Currently, the SBCHP works with 62 homeless service providers and all cities within the County. Steering committees, comprising service providers and representatives from some of these cities, including the City of San Bernardino, contribute to the partnership’s decision-making process. The partnership encourages continued participation to overcome gaps in institutional structure. Additionally, the SBCHP performs an annual gap analysis to determine areas in which the partnership can improve. The partnership is continually finding ways to fill gaps in services, including through partnerships with nonprofits, businesses, and municipalities as well as through new approaches to problem solving. This includes motel, hotel, shared, and bridge housing as well as employment training.       Packet Pg. 845 Consolidated Plan SAN BERNARDINO 113 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-45 Goals Summary – 91.215(a)(4) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing New Affordable Rental Housing HOME: $3,500,000 Rental units rehabilitated: 400 Household Housing Unit Homeowner Housing Rehabilitated: 50 Household Housing Unit 2 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $500,000 Homeowner Housing Added: 100 Household Housing Unit Direct Financial Assistance to Homebuyers: 10 Households Assisted 3 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $1,795,799 Public service activities other than Low/Moderate Income Housing Benefit: 3000 Persons Assisted 4 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide New Affordable Rental Housing HOME: $7,296,500 Rental units constructed: 500 Household Housing Unit       Packet Pg. 846 Consolidated Plan SAN BERNARDINO 114 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $300,000 Public service activities other than Low/Moderate Income Housing Benefit: 50 Persons Assisted 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $12,500,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 160000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $400,000 Public service activities other than Low/Moderate Income Housing Benefit: 5000 Persons Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $4,223,184 HOME: $2,823,978 Other: 1 Other Table 53 – Goals Summary Goal Descriptions Goal Name Preserve and Rehabilitate Housing1 Goal Description Provide funding for homeowner-occupied and rental housing rehabilitation.       Packet Pg. 847 Consolidated Plan SAN BERNARDINO 115 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Name Expand Home Ownership2 Goal Description Provide funding for the construction of new owner housing units and first-time homebuyer assistance programs, such as down payment assistance. Additionally, NSP funds are being used for new home construction. Goal Name Provide Homeless and Homeless Prevention Services3 Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. Goal Name New Affordable Rental Housing4 Goal Description Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans. Goal Name Promote Economic Development5 Goal Description Provide funding for the City's Micro-Enterprise Program as well as support programs and projects that create jobs, promote economic revitalization. Goal Name Improve Facilities and Infrastructure6 Goal Description Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks. Goal Name Fair Housing7 Goal Description Promote fair housing choice through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord-tenant mediation. Goal Name Planning and Administration8 Goal Description Provide funding to implement the goals and objectives of the ConPlan, comply with planning and reporting requirements, and monitor use of the funds. Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2)       Packet Pg. 848 Consolidated Plan SAN BERNARDINO 116 OMB Control No: 2506-0117 (exp. 06/30/2018) The City estimates that HOME funds will provide affordable housing to approximately total 510 households over the life of the ConPlan period. Aproximately 40% (204 units) of the units will be obtained by extremely low income, 50% (255 units) to low income and 10% (51 units) to moderate income families. In 2020-2021 239 rental units will be rehabilitated, 2 new owner-occupied housing units will be constructed, 100 new rental units will be added and 4 low income families will receive financial assistance for home ownership.       Packet Pg. 849 Consolidated Plan SAN BERNARDINO 117 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-50 Public Housing Accessibility and Involvement – 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) Households in California with at least one member living with a disability have a median household income of $56,600, approximately $26,000 less than the median household income of all households at $82,000. Consequently, the need for accessible affordable units would be high for this population. As discussed in NA-35, the average annual income of all vouchers holders is approximately $14,084, which indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in NA-35, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Given the number of persons with disabilities across the County, the need for accessible units would be great. Activities to Increase Resident Involvements The City does not own public housing units. HACSB Board of Commissioners has regular meetings twice per month that call for public comment on agenda items. The HACSB also operates a Family Self Sufficiency Program designed so that residents can be involved in the development of self-sufficiency goals, job training, and other services. The City provides several programs that public housing residents can participate including the First Time Homebuyers Program which funds homebuyers with an income range between 50% and 80% AMI. The City's Infill Program also caters to eligible LMI families wanting to purchase a home. The City works with HACSB to provide homeownership opportunities as they are available. Is the public housing agency designated as troubled under 24 CFR part 902? No Plan to remove the ‘troubled’ designation The City is not designated as troubled.       Packet Pg. 850 Consolidated Plan SAN BERNARDINO 118 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-55 Barriers to affordable housing – 91.215(h) Barriers to Affordable Housing The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects. Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Infrastructure and Impact Fees: Impact fees are charged to housing developers to pay for City infrastructure that will support the project, or pay for parks or other City services that protect the welfare of residents. A primary financial deterrent for developers is the high cost of impact fees. Construction costs, permitting fees, and impact fees are passed on to the consumer, driving up the cost of housing at all income levels.       Packet Pg. 851 Consolidated Plan SAN BERNARDINO 119 OMB Control No: 2506-0117 (exp. 06/30/2018) State and Federal Davis-Bacon Prevailing Wages: The state Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multifamily project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Strategy to Remove or Ameliorate the Barriers to Affordable Housing The City continues to make the development process more efficient for developers through amendments to the Development Code. The City plans to make the following updates to its development code: •General Lot Consolidation Incentive – This incentive would increase development potential by allowing a 15 percent density bonus for projects with a residential component, maintenance plan, and on-site management. •Density Bonus Provisions – The City plans to update the Development Code to reflect the latest amendments to state density bonus law. •Transitional and Supportive Housing – The City plans to update the Development Code to adequately define transitional and permanent supportive housing to eliminate confusion and facilitate the review and approval process for this housing type. •Streamlined Processing – The City plans to analyze potential programs that seek to eliminate land use constraints related to the development of new housing and rehabilitation of existing housing. Additionally, the City has applied for an SB 2 planning grant to assist with streamlining.       Packet Pg. 852 Consolidated Plan SAN BERNARDINO 120 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-60 Homelessness Strategy – 91.215(d) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of San Bernardino provides ESG funding to Step Up on Second (Step Up), which provides essential service referrals and housing placement services to homeless persons and near-homeless persons. Step Up also provides daily mobile outreach to the most service-resistant homeless population in the City. Addressing the emergency and transitional housing needs of homeless persons The City funds nonprofits that operate emergency shelters and transitional housing for homeless individuals. Emergency shelters provide shelter, nutrition, supportive services, counseling, medical treatment, transportation assistance, referrals to mental health and social service agencies, and housing assistance. Transitional housing programs provide shelter and services such as job training, financial literacy training, drug and alcohol rehabilitation, and counseling to help individuals reestablish independent living. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. The City will provide ESG funding for supportive services to assist homeless individuals, including funding for emergency shelters, rapid rehousing, homelessness prevention, and street outreach. The City will also fund nonprofit agencies that operate emergency shelters and provide services to help homeless individuals stabilize and live independently. The City will continue to fund nonprofits that help homeless individuals transition to permanent housing. Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs As discussed above, the City funds a number of nonprofits that provide homeless prevention services to those at risk of homelessness. Additionally, the Coordinated Entry System (CES) is used to quickly identify, assess, refer, and connect clients to housing assistance and services in the event they are       Packet Pg. 853 Consolidated Plan SAN BERNARDINO 121 OMB Control No: 2506-0117 (exp. 06/30/2018) hospitalized. The City also collaborates with St. Bernardine’s Hospital and Community Hospital in the City of San Bernardino to connect homeless patients with bridge housing.       Packet Pg. 854 Consolidated Plan SAN BERNARDINO 122 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-65 Lead based paint Hazards – 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards The City follows all applicable lead-based paint hazard (LBP) regulations, which primarily affect projects funded by the City’s Housing Rehabilitation Program. All applicants are notified about LBP risk and, if they are low-income and have a child under six at home, are then referred to the County’s LBP Abatement Program for free paint inspections, lead testing for children, information about LBP, and abatement. In general, housing built after 1977, zero-bedroom units, and housing for the elderly or disabled persons (unless children are present) are exempt from this rule. How are the actions listed above related to the extent of lead poisoning and hazards? Units built prior to 1980 may contain LBP, to which children under the age of six years are especially vulnerable. As discussed in MA-20, approximately 31,000 housing units were built prior to 1980, of which approximately 6,500 are occupied by children under six years of age. How are the actions listed above integrated into housing policies and procedures? The City, as part of its Housing Rehabilitation Program, requires that all LBP be controlled or abated and disposed of properly to eliminate or reduce the hazard of environmental or human contamination.       Packet Pg. 855 Consolidated Plan SAN BERNARDINO 123 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-70 Anti-Poverty Strategy – 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families The City annually allocates federal funds for economic development activities, which includes microloan programs and Section 108 loan repayment. HUD’s Section 108 Loan Guarantee Program provides CDBG recipients with financing for economic development activities. The goal of the program is to provide the public investment needed to catalyze private economic activity in underserved areas. The City utilizes Section 108 financing to acquire properties for the development of commercial centers and in the process creates jobs for City residents. Additionally, the City uses its CDBG, HOME, and ESG funds to reduce the number of poverty-level families through the provision of supportive services and housing assistance. Specifically, at least 70 percent of CDBG dollars must be used to benefit low- to moderate-income families. How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan The City allocated up to 15 percent of its CDBG funds annually to public and nonprofit service providers to offer a range of supportive services, including those that fight poverty. Additionally, the City is using its funds to support other activities that address poverty, such as housing rehabilitation, homeownership programs, rental assistance, and economic development.       Packet Pg. 856 Consolidated Plan SAN BERNARDINO 124 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-80 Monitoring – 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City undertakes monitoring: program monitoring for ESG, CDBG and HOME. ESG. The City is required to monitor Sub-Recipients for compliance with ESG regulations. As per Federal regulations, 24 CFR Part 576 of HUD’s Monitoring Guidance for the ESG Program, the City has developed comprehensive monitoring process. As part of the monthly claim reimbursement process, a desk audit will be conducted on each claim prior to approval for payment. Additional information or documentation may be requested, at the time of desk audit. A recipient will be notified 30 days in advance of the monitoring visit and interview and provided with a monitoring checklist, tools and resources. After the monitoring visit, the City will provide Sub-Recipient with a written monitoring report inclusive of any findings, concerns or comments. If required, the sub-recipient must provide timely corrective action to findings and failure to do so may result in the withholding and/or return of ESG funds to the City or other possible remedies as described in the Sub-Recipient Agreement signed by Sub-Recipient and the City (See attached Sub-Recipient monitoring checklist). HOME. The City provides ongoing monitoring and conducts annual inspections in order to ensure compliance with the following requirements for its TBRA program: Units must meet Section 8 Housing Quality Standards (HQS) and meet lead-based paint standards per the Lead Safe Housing Rule of 24 CFR Part 35, Units must be of an appropriate size for the household based on either local or state codes or a PJ’s established standard, Any rent increases by the landlord must be reviewed and approved by the PJ throughout the length of the household’s TBRA assistance contract. Staff is required to create an affordable housing monitoring file for each HOME assisted rental property; with the contents of the file generally including a copy of the recorded affordability covenant, a summary coversheet detailing the specific affordability requirements for the property as described within the covenant, annual HOME Income Limit Tables, annual HOME rent schedules, all utility allowance schedules. Program staff shall retain copies of all correspondence related to the property owner. CDBG. HD Staff performs monitoring visits at Subrecipient locations to determine compliance with federal rules and regulations and in accordance with 2 CFR 200.330 and 2 CFR 200.331. Monitoring visits involve HD Staff members who examine program and financial matters related to the City’s CDBG Program. Subrecipients answer a series of questions that are consistent with the CDBG Subrecipient Monitoring Checklist, which includes questions pertaining to the CDBG Program and other federal requirements (See CDBG Monitoring Checklist). Program staff has developed the following monitoring procedures to ensure consistency with HUD’s recommended best practices: Send notification letter/e- mail to Subrecipient prior to scheduled monitoring visit, Conduct entrance interview, Complete CDBG Subrecipient Monitoring Checklist, including determination if Subrecipient is subject to Single Audit       Packet Pg. 857 Consolidated Plan SAN BERNARDINO 125 OMB Control No: 2506-0117 (exp. 06/30/2018) requirement (i.e., those that receive more than $750,000 in federal grants), Conduct exit interview, Send follow-up monitoring response to the Subrecipient within 15 working days of the completion of the monitoring, Allow Subrecipient 15 days to respond to findings and/or concerns, Reply to Subrecipient’s response within 15 days of receipt, and Send clearance letter to Subrecipient.       Packet Pg. 858 Consolidated Plan SAN BERNARDINO 126 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino estimates they will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In year 1 the City will receive: •CDBG $3,405,816 •HOME $1,404,784 •ESG $295,799 Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020.       Packet Pg. 859 Consolidated Plan SAN BERNARDINO 127 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,784 1,965,694 0 3,370,478 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 0 295,799 1,500,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Table 54 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied       Packet Pg. 860 Consolidated Plan SAN BERNARDINO 128 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing, Community Investment Funds from Dignity Health State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds, Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In 2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $625,000. Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB) Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor Housing Agency HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100 percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction. If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service hours.       Packet Pg. 861 Consolidated Plan SAN BERNARDINO 129 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need.       Packet Pg. 862 Consolidated Plan SAN BERNARDINO 130 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $910,718 Homeowner Housing Added: 6 Household Housing Unit 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $273,614 Tenant-based rental assistance / Rapid Rehousing: 20 Households Assisted Homeless Person Overnight Shelter: 130 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 220 Beds 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $1,789,282 Rental units constructed: 100 Household Housing Unit 4 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $500,000 Rental units rehabilitated: 239 Household Housing Unit 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $798,021 Public service activities other than Low/Moderate Income Housing Benefit: 10 Persons Assisted       Packet Pg. 863 Consolidated Plan SAN BERNARDINO 131 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $2,671,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 32000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 0 Households Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Preserve and Rehabilitate Housing Expand Home Ownership Provide Homeless and Homeless Prevention Services New Affordable Rental Housing Promote Economic Development Improve Facilities and Infrastructure Fair Housing CDBG: $681,163 HOME: $140,478 ESG: $22,185 Other: 1 Other Table 55 – Goals Summary       Packet Pg. 864 Consolidated Plan SAN BERNARDINO 132 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Descriptions Goal Name Expand Home Ownership1 Goal Description There are 2 projects proposed that will expand home ownership opportunities: 1. $700,000 in HOME funds for 4 new infill owner-occupied units city-wide 2. $210,718 in HOME-CHDO funds for 2 new owner-occupied units city-wide Goal Name Provide Homeless and Homeless Prevention Services2 Goal Description The City intends to fund public service programs and activities related to homelessness. Activities include: rapid rehousing, emergency shelters, increase the number of shelter and transitional housing beds as well as homelessness prevention programs. Goal Name New Affordable Rental Housing3 Goal Description 100 new affordable rental units will be constructed in Seccombe Park. Goal Name Preserve and Rehabilitate Housing4 Goal Description Rehabilitate 239 affordable rental units in 2601-2675 W 2nd Street. Goal Name Promote Economic Development5 Goal Description Funding will be provided tha twill assist a minimum of 10 small businesses. Funding will also be used for Section 108 Loan repayment for a revitalization project on HIghland Avenue. The project is slated to create and retain 214 jobs. Goal Name Improve Facilities and Infrastructure6 Goal Description Funding will be used to improve five community facilities including three parks, a community center and a senior center.       Packet Pg. 865 Consolidated Plan SAN BERNARDINO 133 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Name Fair Housing7 Goal Description Funds will be provided for IFHMB to provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Goal Name Planning and Administration8 Goal Description Funds are allocated for City staff for planning and administration of HOME, CDBG, ESG funds for the various projects and grantee monitoring requirements.       Packet Pg. 866 Consolidated Plan SAN BERNARDINO 134 OMB Control No: 2506-0117 (exp. 06/30/2018) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand homeownership opportunities; provide supportive services; new affordable housing construction or rehabilitation; new affordable housing construction; promote economic development; improve facilities and infrastructure; fair housing, and program planning and administration. Projects #Project Name 1 Infill Housing Program 2 First Time Home Ownership 3 Homeless Outreach and Homeless Prevention 4 New Rental Housing Construction 5 Affordable Rental Housing Rehabilitation 6 Micro-Enterprise Program 7 Section 108 Repayment Program - Promote Economic Development 8 Improve Public Facilities and Infrastructure 9 Fair Housing 10 Planning & Administration Table 56 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities are a result of input received from the community and based on the identified needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle in addressing underserved needs is insufficient resources to meet the ongoing needs of persons, especially those with special needs such as the homeless.       Packet Pg. 867 Consolidated Plan SAN BERNARDINO 135 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information       Packet Pg. 868 Consolidated Plan SAN BERNARDINO 136 OMB Control No: 2506-0117 (exp. 06/30/2018) Project Name Infill Housing Program Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $700,000 Description Construction of single family ownership housing on vacant City-owned lots. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Four(4) families will benefit from this project. Location Description Citywide 1 Planned Activities Homeownership Housing units added. Project Name First Time Home Ownership Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $210,718 Description New construction of single family homes on vacant City-owned lots. This project is a CHDO project with a 15% Set-Aside. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 2 households will benefit. Location Description To be determined 2 Planned Activities New construction of single family homes on vacant City-owned lots. Income will range 50% to 80% of Area Median Income (AMI). Project Name Homeless Outreach and Homeless Prevention3 Target Area CityWide       Packet Pg. 869 Consolidated Plan SAN BERNARDINO 137 OMB Control No: 2506-0117 (exp. 06/30/2018) Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $295,799 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 600 persons at very low income to zero income will benefit from the proposed activities. Location Description The following locations will benefit from ESG funding. 1. Community Action Partnership - 696 S. Tippecanoe Avenue, San Bernardino, CA 92408 2. Family Service Association of Redlands - 612 Lawton St, Redlands, CA 92374 3. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401 4. Step Up on Second - 201 North E Street, San Bernardino, CA 92401 Planned Activities The ESG Program will fund four agencies and programs plus grant and project management. Community Action Partnership. Provide homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education and linkages to other support services. Award $54,446. Family Service Association of Redlands. Provide emergency shelter, motel vouchers, wraparound services and case management to prevent homelessness. Award $63,000. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing, wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Award $70,000. Step Up On Second. Provide supportive services which begin with engagement and street outreach activities. Award $86,168 4 Project Name New Rental Housing Construction       Packet Pg. 870 Consolidated Plan SAN BERNARDINO 138 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing Funding HOME: $1,819,282 Description New affordable rental units constructed at Seccombe Park Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 100 families will benefit from this proposed project. Location Description Seccombe Park 160 E. 5th Street San Bernardino, CA Census Tract: 58.00 Planned Activities Construction of new affordable rental housing units Project Name Affordable Rental Housing Rehabilitation Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $500,000 Description Rehabilitation of 239 existing rental housing units. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 239 families will benefit from this proposed project. Location Description Property address is 2601-2675 W. 2nd Street San Bernardino, CA 5 Planned Activities Rehabilitation of existing rental housing units. Project Name Micro-Enterprise Program Target Area CityWide Goals Supported Promote Economic Development 6 Needs Addressed Promote Economic Development       Packet Pg. 871 Consolidated Plan SAN BERNARDINO 139 OMB Control No: 2506-0117 (exp. 06/30/2018) Funding CDBG: $35,000 Description Provide business development training and support to income qualified existing or potential business owners. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately ten existing or potential business owners will be trained. Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The Micro-Enterprise program promotes economic development in the City. The program provides business development training and support to income qualified participants who wish to start their own business. The Program will use CDBG funds to provide education and training for existing or potential business owners, to launch and retain a successful businesses and improve business viability. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Project Name Section 108 Repayment Program - Promote Economic Development Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $763,021 Description Section 108 loan repayment for Arden Guthrie Property (B-03-MC-06- 0539, Loan number 119-090-0053-5801) obtained to forward economic revitalization and create jobs (214 jobs) in the City. 7 Target Date 6/30/2021       Packet Pg. 872 Consolidated Plan SAN BERNARDINO 140 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities A Section 108 loan, FY 2006, was obtained for the acquisition of 22 blighted and socially problematic apartment buildings in the North Arden Guthrie Area of the City. The City is moving forward with the sale of the property to a developer who will build a multi-tenant commercial shopping center. Project Name Improve Public Facilities and Infrastructure Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $2,671,000 Description Three (3) parks will be funded for replacement of playground equipment in addition to an existing baseball field to be converted into a Miracle League park to be ADA compliant. A concrete/ADA project will also be funded to replace sidewalks and ADA accessibility. Encanto Community Center Phase I roof replacement/facility repairs. Target Date 6/30/2021 8 Estimate the number and type of families that will benefit from the proposed activities 32,000 persons within households earning an income level of 30% to 50% of AMI will benefit of the improvements made to these parks and facility.       Packet Pg. 873 Consolidated Plan SAN BERNARDINO 141 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description The City has proposed to fund the following three (3) parks, a community center and public facilities at a senior center: 1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA 2. Anne Shirrel Park – 1367 North California, San Bernardino, CA 3. Nicholson Park - 2737 W. 2nd Street, San Bernardino, CA (Playground equipment replacement and existing baseball field conversion) 4. Encanto Community Center – Phase 1 – 1180 W. 9th Street, San Bernardino, CA Roof replacement/facility repairs. 5. Citywide Concrete Repairs – to replace sidewalks and ADA accessibility for Fifth Street Senior Center, Perris Hill Senior Center, Ruben Campos, Lytle Creek, Rudy Hernandez, Nicholson and Delmann Heights Community Centers. Planned Activities The City plans to improve three (3) parks, a community center and public facilities at a senior center. Specifically the replacement of playground equipment to provide safe equipment for the community in addition to a Miracle League Park for ADA compliant and citywide concrete repairs. Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities This program will benefit Low/Moderate Income Households/Tenants. 9 Location Description Fair housing events and discrimination assistance will benefit aproximately 1,000 LMI households and tenants.       Packet Pg. 874 Consolidated Plan SAN BERNARDINO 142 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Project Name Planning & Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $681,163 HOME: $140,478 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations.Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. CDBG Administration: $681,163; HOME Administration: $140,478; ESG Administration: $22,185 Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The entire city benefits from planning and administration efforts lead by the City. Location Description 201 North E Street, San Bernardino, CA 92401 10 Planned Activities Grant and Project Management       Packet Pg. 875 Consolidated Plan SAN BERNARDINO 143 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for PY 2020-2021 to finance a variety of housing, community development, economic development, and capital improvement projects. The majority of the funding will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised of some “Other” race or ethnicity. Geographic Distribution Target Area Percentage of Funds CityWide 70 LMI Areas of the City 30 Table 57 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2020-2021 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2020-2021 Action Plan, the City established priority needs based on an in depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment replaced, because those are the areas of greatest need. Discussion The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA)       Packet Pg. 876 Consolidated Plan SAN BERNARDINO 144 OMB Control No: 2506-0117 (exp. 06/30/2018) within in the City.       Packet Pg. 877 Consolidated Plan SAN BERNARDINO 145 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction In accordance with the Housing Needs Assessment of the Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. One Year Goals for the Number of Households to be Supported Homeless 45 Non-Homeless 200 Special-Needs 100 Total 345 Table 58 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 104 Rehab of Existing Units 241 Acquisition of Existing Units 0 Total 345 Table 59 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 600 homeless individual to be supported and 349 units to be built or rehabilitated. The following projects detail households that will benefit as well as the number of units in the City to be constructed or rehabed. •Homeownership of two (2) housing units added in Eastpointe neighborhood. Incomes will range from 50% to 80% of Area Median Income (AMI); •New Infill Housing construction of four (4) for-sale single family homes, incomes will range from 50% to 80% of Area Median Income (AMI); •100 affordable rental units to be built at Seccombe Park; and •Affordable rental housing rehabilitation of 239 existing units at Foothill Villas Apartments.       Packet Pg. 878 Consolidated Plan SAN BERNARDINO 146 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units. The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units Support and Assist Local Non-Profit Organizations. In order to develop or preserve the City's affordable stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire       Packet Pg. 879 Consolidated Plan SAN BERNARDINO 147 OMB Control No: 2506-0117 (exp. 06/30/2018) distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion See above discussion.       Packet Pg. 880 Consolidated Plan SAN BERNARDINO 148 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2019 Homeless PIT Count there were 883 homeless persons in the City. A total of 244 individuals were sheltered and 639 were unsheltered. To address this issue, the City will allocate approximately $295,799 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2020-2021 with Step Up On Second, with the goal of reaching 78 homeless persons through street outreach, providing social service referrals to 49 of those 78 persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSSSC has submitted plans to the City for a preliminary review of a new men’s shelter with a 75-bed capacity. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every       Packet Pg. 881 Consolidated Plan SAN BERNARDINO 149 OMB Control No: 2506-0117 (exp. 06/30/2018) community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City has partnered with Step Up on Second to provide street outreach services to homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness.       Packet Pg. 882 Consolidated Plan SAN BERNARDINO 150 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aides Project. In FY 19-20 those properties will be rehabilitated and leased to low-income persons with HIV/Aids.       Packet Pg. 883 Consolidated Plan SAN BERNARDINO 151 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: •Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. •Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. •Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian and vehicular access and movement in the City. •Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. •Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-family homes and poorly maintained multifamily complexes. •State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-       Packet Pg. 884 Consolidated Plan SAN BERNARDINO 152 OMB Control No: 2506-0117 (exp. 06/30/2018) family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1.General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2.Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3.Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4.Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5.The City will update its General Plan. Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the       Packet Pg. 885 Consolidated Plan SAN BERNARDINO 153 OMB Control No: 2506-0117 (exp. 06/30/2018) Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For PY 2020-2021, the City will continue to fund its Infill Housing Program and its Owner Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single family units owned by low and moderate income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.       Packet Pg. 886 Consolidated Plan SAN BERNARDINO 154 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2025 Five-Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2020-2021 One-Year Action Plan, are as follows: High Priority •Preserve and Rehabilitate Housing •Expand homeownership opportunities •Provide Homeless and Homeless Prevention Services •Promote economic development and employment opportunities for low and moderate income persons. Micro-Enterprise Low Priority •New affordable Rental Housing •Improve and expand existing community facilities and infrastructure to meet current and future needs. •Eliminate identified impediments to fair housing through education, enforcement, and testing. •Planning and Administration – CDBG, HOME, and ESG •New Affordable Housing Construction or Rehabilitation •Expand homeownership opportunities – Infill Housing •First-Time Homeownership – CHDO 15% set-aside •New affordable rental housing Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing       Packet Pg. 887 Consolidated Plan SAN BERNARDINO 155 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For PY 2020-2021, the City will support: •An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate income households •Micro Enterprise Program that will provide small business development training and support to income qualified clients who are wish to start their own small business. •Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. •The improvement of various park facilities within income-eligible areas of the City that provide recreational and support services to low- and moderate-income residents of the City. •The efforts of HACSB, who provides rental assisance and conventional housing to low-income households. •The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. •The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. •The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents.       Packet Pg. 888 Consolidated Plan SAN BERNARDINO 156 OMB Control No: 2506-0117 (exp. 06/30/2018) This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.       Packet Pg. 889 Consolidated Plan SAN BERNARDINO 157 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2020-2021 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 817,368 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income:817,368 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is       Packet Pg. 890 Consolidated Plan SAN BERNARDINO 158 OMB Control No: 2506-0117 (exp. 06/30/2018) as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: 1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. 2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. 3. In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.       Packet Pg. 891 Consolidated Plan SAN BERNARDINO 159 OMB Control No: 2506-0117 (exp. 06/30/2018) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability •Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years •Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years •Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released.       Packet Pg. 892 Consolidated Plan SAN BERNARDINO 160 OMB Control No: 2506-0117 (exp. 06/30/2018) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1.Include written standards for providing ESG assistance (may include as attachment) Please refer to an attachment indluced in Admin (AD-26). 2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3.Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.       Packet Pg. 893 Consolidated Plan SAN BERNARDINO 161 OMB Control No: 2506-0117 (exp. 06/30/2018) Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2020-2021 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC       Packet Pg. 894 Consolidated Plan SAN BERNARDINO 162 OMB Control No: 2506-0117 (exp. 06/30/2018) annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5.Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.       Packet Pg. 895 Consolidated Plan SAN BERNARDINO 163 OMB Control No: 2506-0117 (exp. 06/30/2018) See above discussion. Attachments       Packet Pg. 896 Consolidated Plan SAN BERNARDINO 164 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Comments       Packet Pg. 897 Consolidated Plan SAN BERNARDINO 165 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 898 Consolidated Plan SAN BERNARDINO 166 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 899 Consolidated Plan SAN BERNARDINO 167 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 900 Consolidated Plan SAN BERNARDINO 168 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 901 Consolidated Plan SAN BERNARDINO 169 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 902 Consolidated Plan SAN BERNARDINO 170 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 903 Consolidated Plan SAN BERNARDINO 171 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 904 Consolidated Plan SAN BERNARDINO 172 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 905 Consolidated Plan SAN BERNARDINO 173 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 906 Consolidated Plan SAN BERNARDINO 174 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 907 Consolidated Plan SAN BERNARDINO 175 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 908 Consolidated Plan SAN BERNARDINO 176 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 909 Consolidated Plan SAN BERNARDINO 177 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 910 Consolidated Plan SAN BERNARDINO 178 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 911 Consolidated Plan SAN BERNARDINO 179 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 912 Consolidated Plan SAN BERNARDINO 180 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 913 Consolidated Plan SAN BERNARDINO 181 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 914 Consolidated Plan SAN BERNARDINO 182 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 915 Consolidated Plan SAN BERNARDINO 183 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 916 Consolidated Plan SAN BERNARDINO 184 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 917 Consolidated Plan SAN BERNARDINO 185 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 918 Consolidated Plan SAN BERNARDINO 186 OMB Control No: 2506-0117 (exp. 06/30/2018) Grantee Unique Appendices       Packet Pg. 919 Consolidated Plan SAN BERNARDINO 187 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 920 Consolidated Plan SAN BERNARDINO 188 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 921 Consolidated Plan SAN BERNARDINO 189 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 922 Consolidated Plan SAN BERNARDINO 190 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 923 Consolidated Plan SAN BERNARDINO 191 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 924 Consolidated Plan SAN BERNARDINO 192 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 925 Consolidated Plan SAN BERNARDINO 193 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 926 Consolidated Plan SAN BERNARDINO 194 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 927 Consolidated Plan SAN BERNARDINO 195 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 928 Consolidated Plan SAN BERNARDINO 196 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 929 Consolidated Plan SAN BERNARDINO 197 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 930 Consolidated Plan SAN BERNARDINO 198 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 931 Consolidated Plan SAN BERNARDINO 199 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 932 Consolidated Plan SAN BERNARDINO 200 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 933 Consolidated Plan SAN BERNARDINO 201 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 934 Consolidated Plan SAN BERNARDINO 202 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 935 Consolidated Plan SAN BERNARDINO 203 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 936 Consolidated Plan SAN BERNARDINO 204 OMB Control No: 2506-0117 (exp. 06/30/2018) Grantee SF-424's and Certification(s)       Packet Pg. 937 Consolidated Plan SAN BERNARDINO 205 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 938 Consolidated Plan SAN BERNARDINO 206 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 939 Consolidated Plan SAN BERNARDINO 207 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 940 Consolidated Plan SAN BERNARDINO 208 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 941 Consolidated Plan SAN BERNARDINO 209 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 942 Consolidated Plan SAN BERNARDINO 210 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 943 Consolidated Plan SAN BERNARDINO 211 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 944 Consolidated Plan SAN BERNARDINO 212 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 945 Consolidated Plan SAN BERNARDINO 213 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 946 Consolidated Plan SAN BERNARDINO 214 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 947 Consolidated Plan SAN BERNARDINO 215 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 948 Consolidated Plan SAN BERNARDINO 216 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 949 Consolidated Plan SAN BERNARDINO 217 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 950 Consolidated Plan SAN BERNARDINO 218 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 951 Consolidated Plan SAN BERNARDINO 219 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 952 Consolidated Plan SAN BERNARDINO 220 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 953 Consolidated Plan SAN BERNARDINO 221 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 954 Consolidated Plan SAN BERNARDINO 222 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 955 Consolidated Plan SAN BERNARDINO 223 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 956 Consolidated Plan SAN BERNARDINO 224 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 957 Consolidated Plan SAN BERNARDINO 225 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 958 Consolidated Plan SAN BERNARDINO 226 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 959 Consolidated Plan SAN BERNARDINO 227 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 960 Consolidated Plan SAN BERNARDINO 228 OMB Control No: 2506-0117 (exp. 06/30/2018) Appendixx - Alternate/Local Data Sources Data Source Name County Homeless Race, HMIS 2019 List the name of the organization or individual who originated the data set. County Homeless Race, HMIS 2019 Provide a brief summary of the data set. Various population data sets were used in the Needs Assessment, Market Analysis, and Strategic plan What was the purpose for developing this data set? Using updated information is important for the ConPlan. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? The data covers the County. What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2019 1 What is the status of the data set (complete, in progress, or planned)? complete Data Source Name Vacant Unit Data List the name of the organization or individual who originated the data set. ACS 2013-2017 Provide a brief summary of the data set. The data provided comes from 2013-2017 housing occupancy data particularly vacant housing units. What was the purpose for developing this data set? HUD did not provide any data to assist with their request of vacant and abandoned, REO and abandoned REO data. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? Citywide 2 What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2013-2017       Packet Pg. 961 Consolidated Plan SAN BERNARDINO 229 OMB Control No: 2506-0117 (exp. 06/30/2018) What is the status of the data set (complete, in progress, or planned)? Data found is only for number of vacant units, other data HUD requests was not found. Data Source Name Households with Children List the name of the organization or individual who originated the data set. The data resource is CHAS 2011-2015 Provide a brief summary of the data set. The CHAS data presents the number of households both renter and owner by AMI categories. What was the purpose for developing this data set? This table was not populated by HUD data, however was available. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? This data is citywide. What time period (provide the year, and optionally month, or month and day) is covered by this data set? CHAS 2011-2015 3 What is the status of the data set (complete, in progress, or planned)? complete       Packet Pg. 962 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 3738563 Lorraine Wyche CITY OF SAN BERNARDINO/COMMUNITY ECONO 300 NORTH D ST #300 SAN BERNARDINO, CA - 92418 HRG - NOTICE OF HEARING NOTICE OF PUBLIC HEARING AND NOTICE OF 15-DAY PUBLIC COMMENT PERIOD FOR THE DRAFT FISCAL YEAR 2022-2023 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/18/2023 09/18/2023 SAN BERNARDINO !A000006410347! Email NOTI CE OF PUB LIC HEARI NG AND NOTICE OF 15-DA Y PUBLIC COMM ENT PERIO D FO R THE DRAFT FISCAL YEAR 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE REP ORT The City of San Bernardino is an entitlement jurisdiction that receives Community Development Block Grant (CDBG),HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG)funds directly from the U.S. Department of Housing and Urban Development (HUD).The City received $3,112,512.00 in CDBG, $1,769,520.00 in HOME,and $315,580.00 in ESG funds. NOTICE I S HEREBY GIV EN that the City of San Bernardino has prepared a DRAFT of the Fiscal Year 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE REPORT (FY22-23 CAPER)as required by the U.S.Department of Housing and Urban Development (HUD).There will be a Public Hearing to review the DRAFT FY22- 23 CAPER on October 4,2023,at 7:00 p.m. Copies of the DRAFT FY22-23 CAPER will be available to the public for review and comment at 290 North D Street,1st Floor beginning Thursday,September 14, 2023,and up to and including Wednesday,October 4,2023,at the following locations: 1.The meeting will be broadcast live on *Spectrum (formerly Time Warner/Charter)-Channels 3,17 and 32 *Frontier (formerly Verizon)-Channels 3,17 and 32 *AT&T U-verse -Channel 99 (under San Bernardino)and live- streamed online (Click the following link for online access, https://media- sanberardino.hosted.civiclive.co m)on October 14,2023,at 7:00 p.m. 2.City of San Bernardino Community and Economic Development Department,201-B North ‘‘E’’Street,3rd Floor,San Bernardino,CA 92401;or 3.Webpage: https://www.sbcity.org/city_hall/co mmunity_economic_development/ho using/public_notices ;or 4.City of San Bernardino,Office of the City Clerk,201-A North ‘‘E’’ Street,San Bernardino,CA 92401;or 5.Norman F.Feldheym Central Library,555 West 6th Street,San Bernardino,CA 92410[TP1] All written comments relative to this DRAFT FY22-23 CAPER should be submitted no later than 11:00 a.m. October 3,2023,to: Mail:City of San Bernardino       Packet Pg. 963 Community and Economic Development Department Housing Division 201-B North ‘‘E’’Street,3rd Floor San Bernardino,CA 92401 Email:housing@sbcity.org Attn.:Trina Perez,Senior Management Analyst,Community and Economic Development Department You are welcome to call (909)384- 7272,x3063 with any questions concerning this DRAFT FY22-23 CAPER. ACCESSIBILITY TO MEETINGS AND DOC UM ENTS It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973,as amended,the Americans with Disabilities Act (ADA)of 1990 and the ADA Amendment Act of 2008,the Fair Housing Act,and the Architectural Barriers Act in all respects.If you require public documents in an accessible format, the City will make reasonable efforts to accommodate your request.If you require disability- related accommodation to attend or participate in a hearing or meeting, including auxiliary aids or services, please contact the City Clerk's Office at least 48 hours before the meeting at (909)384-5002. FOR ADDITIONA L PUBLIC COMMENT OP TIONS (See the following link) htt ps ://www.s bcity.org/cm s/o ne.as px?portalId=17442546&pageId=181 82732 ***Items that are submitted to be part of the meeting record can be found using the following link: htt p://edocs.sbcit y.org /Web Link/B rowse.aspx ?id=407 7961&dbid=0&r epo=SB 9/18/23 SBS-3738563#       Packet Pg. 964       Packet Pg. 965