HomeMy WebLinkAboutFULL AGENDA PACKETCITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, APRIL 15, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
WEB-CONFERENCE • VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
IMPORTANT COVID-19 NOTICE
IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF
COVID-19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL
DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO
PUBLIC ATTENDANCE.
THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS
MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. THE MEETING
IS BROADCAST LIVE ON TIME WARNER CHANNEL 3 OR CHARTER SPECTRUM
CHANNEL 3 AND LIVE STREAMED ONLINE AT
http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2834
MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE
THE MAYOR & CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS:
(1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED
TO publiccomments@SBCity.Org BY 4:30 P.M. THE DAY OF THE SCHEDULED
MEETING TO BE INCLUDED IN THE WRITTEN RECORD;
(2) CALLING 909-384-5128, LEAVING A RECORDED MESSAGE, BY 4:30 P.M. THE
DAY OF THE SCHEDULED MEETING, NOT TO EXCEED THREE MINUTES, WHICH
WILL THEN BE PLAYED DURING THE PUBLIC COMMENT SECTION OF THE
AGENDA
(3) IF YOU WISH TO MAKE A COMMENT DURING THE PUBLIC HEARING A
REQUEST TO SPEAK CAN BE EMAILED TO publiccomments@SBCity.Org AND AT
THE TIME OF THE REQUESTED AGENDA ITEM, THE CITY CLERK WILL PLACE A
PHONE CALL TO THE COMMENTER AND ALLOW THEM TO SPEAK TO THE
MAYOR & COUNCIL VIA SPEAKER PHONE DURING THE LIVE MEETING FOR UP
TO THREE MINUTES. PLEASE INDICATE ON WHICH ITEM YOU WISH TO SPEAK
AND INCLUDE YOUR NAME & PHONE NUMBER.
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/15/2020
Theodore Sanchez John Valdivia James Mulvihill
MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 ACTING CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o 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.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
Acting City Clerk Genoveva Rocha
City Attorney Sonia Carvalho
City Manager Teri Ledoux
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/15/2020
5:30 P.M.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. David Miller v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10159
ii. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9611
iii. George Gabera v. City of San Bernardino, Workers’ Comp. Claim No. CBSY-
9485
iv. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10413
v. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ1092715; ADJ3728783; ADJ4657808; ADJ693593; ADJ9657857; and
ADJ10586898
vi. Carmen Acosta v. City of San Bernardino, Workers’ Comp. Claim No. 17-
132061
vii. Jonathan Keil v. City of San Bernardino, Workers’ Comp. Claim No.
CSBY10171
viii. Daniel Han v. City of San Bernardino, Workers’ Comp. Claim No. 18-137756
ix. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17-
132017
x. David Johnson v. City of San Bernardino , Workers’ Comp. Claim No. 18-
137083
xi. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18-
139152
xii Randall Wilson v. City of San Bernardino , Workers’ Comp. Claim No. CSBY-
8968
xiii. Joey Zink v. City of San Bernardino, Workers’ Comp. Case No. ADJ2194535
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One
case
(C) PUBLIC EMPLOYEE APPOINTMENTS - Pursuant to Government Code Section
54957(b): City Manager initiated to discuss procedure related to future
appointments
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/15/2020
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
1. COVID-19 – Impact on City Operations and Revenue
Recommendation
Receive an update on the impact the novel coronavirus (COVID-19) pandemic is
anticipated to have on City operations and revenue.
2. Results of the Letter of Interest for the Bice Property
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, consider:
1. Directing the City Manager to proceed with the preparation of an Exclusive Right
to Negotiate Agreement (“ENA”) between the City of San Bernardino and SA
Marina, LLC for the purchase and development of the Bice property; and
2. Requesting that the final draft ENA come before the Mayor and City Council for
final consideration.
3. Resolution Authorizing Submittal of an Application for Permanent Local
Housing Allocation Funds
Recommendation
Adopt Resolution No. 2020-60 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or Assistant City Manager t o
submit an application for the projects utilizing Permanent Local Housing Allocation
Funds from the California Department of Housing and Community Development.
4. Introduction and First Reading of Ordinance MC-1535 – Pertaining to the Use
of Fireworks Within City Limits
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California introduce, read by title only, and waive further reading of Ordinance MC -
1535, amending Chapters 8.60 and 8.61 of Title 8 and Chapte r 9.93 of Title 9 of the
San Bernardino Municipal Code, pertaining to the use of fireworks within city limits.
5. Budget Amendment for the Offices of the Mayor and City Manager and
Ordinance Amending Chapter 2.02 of the Municipal Code
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U),
Assistant to the Mayor II (U), Senior Customer Service Representative (U) and
part-time personnel from the Office of the Mayor to the Office of the City Manager
effective April 16, 2020.
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/15/2020
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1534, an Ordinance of the Mayor and City Council of the City of San Be rnardino,
California, amending Chapter 2.02 of the San Bernardino Municipal Code
assigning responsibility to the City Manager for the administration of the Offices
of the City Council, Mayor and City Attorney.
6. Approval of Request for Legal Representation
Recommendation
Review and consider request for legal representation for Mayor John Valdivia
pursuant to Government Code Section 995 and select attorney for requested
representation.
PUBLIC HEARINGS
7. Draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to
Fair Housing and Draft FY 2020-2021 Annual Action Plan Associated with the
Community Development Block Grant, HOME Investment Partnerships and
Emergency Solutions Grant Programs
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 2020 -2025 Consolidated
Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020 -
2021 Annual Action Plan associated with the Community Development Block
Grant, HOME Investment Partnerships and Emergency Solutions Grant
Programs; and
2. Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of
Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action
Plan as an application for funding under Community Development Block
Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and
3. Authorize the City Manager or designee to take any further actions and
execute any further documents as are necessary to effectuate the submittal of
the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year
2020-21 Annual Action Plan and necessary certifications to the United States
Department of Housing and Urban Development; and
4. Direct the Finance Director to amend the budget for Emergency Solutions
Grant (ESG) unspent dollars.
CONSENT CALENDAR
8. Approval of Commercial Checks and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for March and April 2020.
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/15/2020
9. City Council Approval of Draft Minutes for the Regular Meeting of March 4,
2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the Mayor and City Council meeting of March
4, 2020.
10. Adopt Resolution Reciting the Fact of the Primary Municipal Election Held on
March 3, 2020
Recommendation
Adopt Resolution No. 2020-62 of the Mayor and City Council of the City of San
Bernardino, California, reciting the fact of the Primary Municipal Election
consolidated with the Presidential Primary Election held on March 3, 2020 declaring
the result and such other matters as provided by law.
11. Resolution Confirming City Manager's Executive Order No. 2020-03
Recommendation
Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San
Bernardino, California, confirming the City Manager's Executive Order No. 2020 -03
pursuant to Municipal Code 2.46.090 extendin g the stay on the City’s compliance
with any deadlines established by the City until May 4, 2020.
12. Resolution Authorizing the City Manager to Complete and Obtain Necessary
Signatures to Complete Cal OES Form 130 for Purposes of Obtaining
Emergency Funding
Recommendation
Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain
necessary signatures to complete Cal OES form 130 for purposes of obtaining
emergency funding.
13. Adopt a Resolution Authorizing the Execution of an Agreeme nt with SB
County for CAL-ID
Recommendation
Adopt Resolution No. 2020-73 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of an agreement with the County of
San Bernardino for the implementation and operation of all Biometric Identification
Systems and DNA Services (San Bernardino CAL-ID).
14. Professional Services Agreement with PlaceWorks for the Foisy Project
Recommendation
Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San
Bernardino, California, approving the Professional Services Agreement with
PlaceWorks to provide third-party CEQA review services for the Foisy Project;
authorizing the City Manager or designee to sign and execute the agreement; and
authorizing the Finance Director to amend the FY 2019/20 adopted budget
accordingly.
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/15/2020
15. Norton Science and Language Academy Project – Ground Lease Agreement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-70, authorizing the City Manager to execute a
lease agreement for the development, establishment, and operation of the Norton
Science and Language Academy at 230 South Waterman Avenue.
16. Adopt a Resolution Declaring Intention to Conduct a Public Hearing to Order
the Vacation of Portions of Artesia Street
Recommendation
Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to order
the vacation of portions of Artesia Street located south of Rialto Avenue and the
reservations of utilities therein.
17. Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation
of a Portion of Home Avenue, "I" Street, and Montgomery Street
Recommendation
Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to order
the vacation of portion of Home Avenue, “I” Street, Montgomery Street and the
reservation of utilities therein.
18. SB1 2020/2021 Road Maintenance Program
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the Road Maintenance and Rehabilitation proposed project list for
submittal to the California Transportation Commission; and
2. Adopt Resolution No 2020-67, adopting a list of projects for Fiscal Year 2020/21
to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
19. Animal Shelter Mold Abatement Project Change Order
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-68 authorizing the City Manager to execute
Contract Change Order (CCO) #1 to Project No. 1332 with Noble E &C, Inc. in the
amount of $27,998, for a full contract not-to-exceed amount of $101,998; and
authorizing the Director of Finance to record a budget adjustment in Animal Shelter
Improvement Fund 124 and update the project purchase order to reflect the full,
approved project cost.
Regular Meeting Agenda April 15, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/15/2020
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday,
May 6, 2020, in the Council Chamber located at 555 West 6th Street, San Bernardino, California
92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the April 15, 2020 Regular Meeting of the Mayor and City Council and
the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was
posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California,
at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on April 10, 2020 .
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Paul Espinoza, Finance Director
Subject: COVID-19 – Impact on City Operations and Revenue
Recommendation
Receive an update on the impact the novel coronavirus (COVID-19) pandemic is
anticipated to have on City operations and revenue.
Background
Since declaring a local Emergency on March 13, 2020, due to the novel coronavi rus
(COVID-19) pandemic, the City has taken a number of steps to ensure that it is able to
continue to have a strong public safety presence, maintain its infrastructure , and support
vulnerable populations through services like the senior meal program and t he issuance
of a moratorium on evictions for residential and commercial tenants for non -payment of
rent.
While the City has had to change how it operates to protect, to the degree possible, the
public and its employees, it continues to provide essential services in our community.
Although most of the City’s public counters have been closed through May 3, where
possible, the City is continuing to provide services by phone, email, and through other
electronic means. In order to provide for social distancing the City has made changes
to work schedules and, when possible, staff is working remotely. Operating under the
State of California’s stay-at-home order, which limits business operations to the State’s
critical infrastructure sectors, has necessitated the closure of City libraries, cancellation
of community events and suspension of all recreational programming. These services
are largely supported by part-time/temporary staff. As a result, all part-time/temporary
employees that are not providing an es sential service have been furloughed or will be
working reduced schedules based upon operational need. Updates to the community
regarding operational changes associated with COVID-19 are being communicated
through the City’s social media accounts and on the City’s website
(www.sbcity.org/covid19 <http://www.sbcity.org/covid19>).
The loss of revenue related to the COVID-19 pandemic will have a significant impact on
the financial health and wellbeing of the City of San Bernardino and its residents. While
it is too early to know the full impact, City staff has prepared a preliminary analysis
outlining the anticipated impacts to the City’s operating budget and general fund
reserves.
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Discussion
The major revenue sources for the City of San Bernardino inclu de Sales Tax, Transient
Occupancy Tax (TOT) derived from hotel stays, Utility Users Tax, Franchise Fees,
Property Tax in Lieu of vehicle license fees (VLF), and Use of Money and Property.
Together, these sources comprise roughly 70% of the General Fund's r evenues for the
FY 2019-20. General Fund revenues pay for many of the City's essential operating
services such as Police and Safety, Code Enforcement, Parks and Recreation, Streets,
Facility Maintenance and Administration.
The swift reaction by consumers and businesses to the outbreak of COVID-19 and the
stay-at-home orders issued throughout the nation has resulted in a significant decrease
in spending on certain goods and services. The national and state response, combined
with the uncertainty of how long the presence of the virus will disrupt the U.S. economy
has made revenue forecasting challenging. To identify the anticipated revenue declines
from the COVID-19 pandemic, staff has been working with the City's property and sales
tax consultants, fiscal policy advisors and local hotel operators in an effort to gauge the
impact on current year revenues.
General Fund - Revenues
The Mid-Year Financial Review for the Fiscal Year 2019-20 projected a slight surplus of
$100,643 and a General Fund reserve balance of $29.27 million. The Mid-Year
Financial Review projected General Fund revenues overall to amount to $132 million.
Based on the impacts of the COVID-19 pandemic, staff is now estimating General Fund
revenues to end the year at $126.9 million refle cting a decline of $5.19 million from mid-
year estimates. The updated projections on the City’s General Fund revenues are
outlined as follows:
Sales Tax: The FY 2019-20 Mid-Year Financial Review anticipated sales tax revenue of
$38.3 million. Based on projections provided by the City’s sales tax consultant, HdL,
staff now estimates sales tax revenue will drop by roughly $3.8 million (10%) to $34.5
million before the close of the fiscal year. The drop in sales tax revenue is
predominately expected in the following sectors:
General Consumer Goods (-30.4% or $1.15 million)
Auto and Transportation (-34% or $912,416)
Restaurants and Hotels (-35% or $780,723),
Business and Industry (-23% or $611,037)
Fuel and Services Stations (-32% or $530,436)
Building and Construction (-27% or $349,895).
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Measure Z: Measure Z sales tax (the City’s 0.25% district tax) revenue at mid-year
was projected to end the year at $9.3 million but is now projected to decline for the
remainder of the fiscal year by $610,000 (6.5%). Similar to the City’s regular sales tax,
this drop is anticipated to continue through the end of the fiscal year. Total Measure Z
revenue is now projected at $8.7 million.
Transient Occupancy Tax (TOT.): There are currently 42 active hotels and motels
operating throughout the City. Based on our mid -year estimates, these operators were
projected to generate $4.9 million in TOT revenue. To determine the direct impact of
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COVID 19 and the stay-at-home order, staff contacted several of the City’s hotel
operators. These operators reported averaging roughly 80% occupancy levels prior to
March 1st. Collections received since March 1st show steady declines with an average
occupancy rate of 30%. Based on these occupancy declines, TOT revenues are now
projected at $4.3 million for the FY 2019-20. This reflects a revenue decline of
$575,000, or 11.6% based on a comparison to our mid-year estimates.
Utility Users Tax (UUT): UUT is a usage tax on the consumption of utility services,
including but not limited to electricity, gas, water, sewer, telephone (including cell phone
and long distance), sanitation and cable television. UUT was estimated to generate
$23.3 million for the FY 2019 -20. It remains to be seen how the effects of COVID-19
and stay-at-home order will impact the City’s UUT revenues. At this time the mid -year
estimates appear to be valid. Staff will continue to monitor this revenue category.
Franchise Fee: Franchise fee revenues are projected to come in at $10.3 million for the
FY 2019-20. As with UUT revenues, it is unclear how the effects of COVID -19 and the
stay-at-home order will impact this revenue category. For the time being , our mid-year
estimates are unchanged. Staff will continue to monitor this revenue category.
Property Tax in Lieu of VLF: Revenues generated from Property Tax in Lieu of vehicle
license fees (VLF) at mid-year were projected to total $16 million. The County of San
Bernardino is allowing those adversely impacted by COVID-19 to receive a waiver for
penalties and interest on their property tax payments. It remains to be seen how many
payments will be made late or missed altogether. If fewer payments are received there
will be an increase in delinquencies for FY 2019 -20 but there is really no way to quantify
the impact at this time. Despite this, the assessed values and tax bills for the current
year are out and will, for the most part, be paid within the next month. The mid -year
property tax estimate remains unchanged and staff will continue to monitor this revenue
category.
Use of Money and Property: The FY 2019-20 Mid-Year Financial Review indicated that
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revenue generated from the Use of Money and Property was projected to be $959,517.
This estimate has been lowered to $779,273 (a decline of $180,244 from mid -year
estimates). For the last quarter of the FY 2019-20, business operators who lease
property from the City have either requested lease waivers or have cancelled their lease
contacts with the City altogether. These business operators include Big-5 Sporting
Goods ($12,144 in lease waivers), Shandin Hills Golf Course ($50,000 lease contract
termination), and Regal Cinemas, Inc. ($118,000 for the last quarter of the FY 2019 -20).
Staff will continue to monitor this revenue category for developments and updates.
General Fund - Expenditures
Overall, General Fund expenditures appear to be in line with our mid -year projections.
Based on the projected decrease in General Fund revenues for the FY 2019 -20 it is
now anticipated the City will end the fiscal year with a deficit of $5,094,251. This will
require dipping into general fund reserves and/or making reductions in expenditures.
CalPERS: Despite FY 2019-20 expenditures remaining flat when compared to our mid-
year budget update, the impact of the COVID-19 on the City’s CalPERS rates and
future rates is an area of concern. Although it is too early to estimate what the overall
impact of COVID-19 will be on long-term investment returns, the impact will adversely
affect the City’s CalPERS rates. CalPERS investments to fund California public
employee pensions have shrunk by $69 billion as the COVID -19 pandemic has
squeezed global markets.
In mid-March the California Public Employees Retirement Systems’ fund balance stood
at about $335 billion which was down from a record high of $404 billion just one month
before. As a result of the drastic declines, cities and counties will be forced to pay
CalPERS increased contributions to make up for these losses. The full ex tent of these
losses remains to be seen. The full measure of the losses will be determined by
CalPERS’s return on its investments for the present fiscal year measured as a
percentage and won’t be available until July of this year. As such, higher payment s
won’t go into effect until July 2022 when these losses are phased in.
Non-General Fund - Revenues and Expenditures
Gas Tax: Although the impact of COVID 19 and the stay-at-home order on the City’s
non-general fund revenue sources is unknown at this time, staff anticipates a
substantial negative impact to Local Streets and Roads (LSR) revenue including the
Highway Users Tax Account (HUTA) and the SB1 Road Maintenance and Rehabilitation
Account (RMRA). The effect of the COVID-19 pandemic on fuel consumption and
therefore tax collections and allocations depends on many unknown factors including:
restrictions by state and federal government on transportation activity and changes in
transportation during the recovery period. Most road transportation in Ca lifornia will be
suppressed through April and possibly as far as late June. Based on this, the California
City Finance Fiscal Policy Advisors expect a drop in HUTA allocations of between 15 -
30% and declines in RMRA allocations from 10-20%.
It is anticipated that the RMRA Fund will have an estimated ending fund balance of
$288,483, and therefore, would be able to absorb a drop in anticipated revenues during
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the current fiscal year. However, the HUTA Gas Tax fund, which primarily fund street
maintenance operations, does not have excess fund balance available to offset a large
decrease in revenue.
At mid-year the HUTA Gas Tax Fund was anticipated to end the fiscal year with a
surplus of $822,312. With an anticipated decline of 30% in HUTA Gas Tax revenue s
(worst case scenario) a deficit of $829,760 is expected.
Best Case
Scenario*
Worst Case
Scenario*
Adopted
Budget
Amended
Budget
Estimated
Actuals
Estimated 15%
Reduction
Estimated 30%
Reduction
Beginning Fund Balance 1,786,816 1,786,816 1,786,816 1,786,816 1,786,816
Revenues 5,506,908 5,506,908 5,506,908 4,680,872 3,854,836
Operational Expenditures (5,365,900) (5,576,300) (5,394,964) (5,394,964) (5,394,964)
CIP Expenditures - (2,605,048) (1,076,448) (1,076,448) (1,076,448)
Fund Balance (Deficit)1,927,824 (887,624) 822,312 (3,724) (829,760)
Recommendation:
Defund Street Light Replace SS 17-000 602,430 602,430
Balance (Deficit) after Recommendations 598,706 (227,330)
As the HUTA Gas Tax fund is a special revenue/restricted fund, it cannot remain in a
deficit positon. By the end of the fiscal year this will have to be adjusted in one of three
ways.
Option 1 (recommended): Staff recommends that the City defer all CIP
expenditures for the current fiscal year in the amount of $602,430. This will
reduce the FY 2019-20 deficit of $829,760 to a worst case scenario deficit of
$227,330. This deficit will depend on what actual HUTA Gas Tax revenues. It is
possible that the Gas Tax fund will end the year with a surplus of $598,706 if
revenues are only decreased by 15%. Staff recommends deferring the current
CIP projects in this fund and revisiting when more info rmation is known. If the
stay-at-home order remains in place through the end of the Fiscal Year it is
possible that the Gas Tax Fund will require assistance from the General Fund.
.
Option 2 (not recommended): While not recommended by staff, the City could
transfer $227,330 of expenditures from the HUTA Gas Tax Fund to the General
Fund by June 30, 2020 using the City’s emergency reserves.
Option 3 (not recommended): Alternatively the City could provide an inter-fund
loan in the amount of $227,330 from the General Fund to the HUTA Gas Tax
Fund and establish a repayment schedule over 3-5 years with interest charged at
the annual LAIF interest rate (currently 1.73%). This option is not recommended
by staff.
General Fund Reserves
At the mid-year review, total combined reserves were anticipated to be $29.27 million at
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year end (June 30, 2020). These funds are restricted into categories under the City’s
adopted Reserve Policy.
The chart below illustrates the various General Fund Reserve Policy targets :
Analysis of Reserve Policy Targets
Target
Reserves
per Policy
Actual
Reserves at
6/30/19
Use of /
Contribution to
Reserves
Projected
Available
Reserves 6/30/20
Operating Reserve:
Emergency Reserve - 15% of adopted budget 19,024,050 19,024,050 - 19,024,050
Economic Contingency Reserve -10% of adopted budget 12,682,700 10,151,928 100,643 5,158,320
Assigned for Carryovers 2,367,474 (2,367,474) -
Use of Contingency Reserve for COVID-19 Impact (5,094,251)
Unassigned:- - - -
31,706,750 31,543,452 (7,361,082) 24,182,370
The City’s Reserve Policy also identifies four different categories of Special Reserves to
which any remaining funds can be allocated. The four categories established in the
policy are:
Risk Management Reserve
City Facilities Reserve
Vehicle and Equipment Reserve
Infrastructure Reserve
Currently the City is below the target reserve for the economic contingency reserve and
there are not additional reserves available to fund these other recommended areas.
Should the Mayor and City Council approve the use of one-time Economic Contingency
Reserves in the amount of $5,094,251, the remaining reserve would total $24.18 million
by the end of the FY 2019-20.
2020-2025 Key Strategic Targets and Goals
The update on the financial impact associate with the novel coronavirus (COVID-19)
aligns Key Target No. 1: Financial Stability. Completing a detailed analysis of the
impact of this event on operational costs and revenues enables the City to take
proactive steps to address anticipated changes in expenditures and revenue.
Fiscal Impact
With the anticipated loss of revenue resulting from the COVID -19 pandemic the General
Fund is now projected to end the year with a deficit of $5,094,251 if no action is taken to
curb spending through the remainder of the Fiscal Year. Staff will continue to monitor
the situation and provide updates to Council as more information becomes available.
Next Steps:
On Monday April 6, 2020 the Fiscal Year (FY) 2020 budget for the Department of
Housing and Urban Development (HUD) was enacted, which includes Coronavirus Aid,
Relief, and Economic Security (CARES Act) supplemental funding. The City of San
Bernardino has been allocated $2,003,529 in Community Development Block Grant
(CDBG) Funds, and $1,019,997 in Emergency Solutions Gr ant (ESG) to cover COVID-
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19 related expenditures. Staff has reached out to the Community Planning Division at
the HUD Los Angeles office to receive guidance/interpretation of Public Law 116 -136
(CARES Act). Based upon the limited guidance that has been pr ovided it is expected
that the City will be able to utilize the CDBG funding to cover expenditures related to
COVID-19 in the following areas:
Staff costs for CDBG program administration and eligible activities
Costs associated with unused and partially utilized spaces
Costs associated with increased police services
Buildings and improvements, including public facilities related to COVID-19
Assistance to Businesses, including Special Economic Development Assistance
Planning, Capacity Building, and Technical Assistance
Based upon existing HUD regulations it is anticipated that the ESG funding can be used
to support programs related to COVID-19 in the following areas:
Emergency Shelter-Shelter Operations
Street Outreach
Expanded Staffing
Staff will be preparing and presenting a programming plan for the use of these funds to
the Mayor and City Council for approval.
The City’s non-essential part-time personnel have been furloughed or will be working
reduced schedules based upon operational need and all non-mandatory travel and
training has been suspended through the end of the fiscal year. Other cost savings
measures including additional furloughs, holding positions vacant through the remainder
of the fiscal year and the deferment or elimination of planned expenditures are under
review. Staff is also tracking all of the City’s costs as they relate to the COVID -19 event
and will seek every opportunity we can to obtain funding from the federal and state
government and other funding sources.
The impact COVID-19 will have on City revenue and operations going into next fiscal
year is being analyzed and will be incorporated into the preliminary budget for review by
the Mayor and City Council in May. A repayment schedule for the use of Gener al Fund
Reserves required to carry the City through the remainder of FY 2019 -20 will be
incorporated into the proposed budgets for future operating years.
Conclusion
Receive an update on the impact the novel coronavirus (COVID-19) pandemic is
anticipated to have on City operations and revenue.
Attachments
Attachment 1 General Fund Revenue and Expenditure analysis
Ward: All
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Synopsis of Previous Council Actions:
November 21, 2018, the Mayor and City Council adopted Resolution 2018 -308,
establishing the General Fund Reserve Policy.
June 19, 2019, the Mayor and City Council adopted Resolution No. 2019-168,
approving the FY2019/20 Operating Budget and Capital Improvement Program
Budget.
February 19, 2020, the Mayor and City Council adopted Resolution No. 2020-42,
receiving a Fiscal Year 2019/20 budget update and approving budget
amendment actions.
March 18, 2020 - the Mayor and City Council adopted Resolution 2020-51,
ratifying Proclamation 2020-01 issued on March 13, 2020, and declaring the
existence of a local emergency.
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Revenues by Category
FY 19/20
Adopted
Budget
FY 19/20
Midyear
Estimates
*FY 19/20
Year-End
Estimates
$ Variance
from
Midyear
% Variance
from
Midyear
Charges for services 4,455,900 4,974,015 4,974,015 - -
Fines and forfeitures 1,815,900 1,339,969 1,339,969 - -
Franchise Tax 10,220,000 10,130,000 10,130,000 - -
Intergovernmental 2,306,000 5,298,178 5,298,178 - -
Investment income 432,000 450,058 450,058 - -
Licenses & permits 10,453,000 10,987,079 10,987,079 - -
Measure Z Sales Tax 9,021,000 9,378,979 8,768,000 (610,979) -6.51%
Miscellaneous 2,446,800 2,436,902 2,436,902 - -
Other Taxes 2,799,100 2,757,648 2,757,648 - -
Transient Occupancy Tax 4,900,000 4,956,551 4,381,551 (575,000) -11.60%
Property Taxes in Lieu of VLF 16,805,900 16,805,900 16,805,900 - -
Sales and Use Tax 36,619,400 38,323,670 34,495,000 (3,828,670) -9.99%
Use of Money and Property 908,000 959,517 779,273 (180,244) -18.78%
Utility Users Tax 23,700,000 23,300,000 23,300,000 - -
TOTAL REVENUES 126,883,000 132,098,468 126,903,574 (5,194,893) -3.93%
Expenditures by Department
010 Mayor 811,200 847,356 847,356 - -
020 City Council 931,800 867,661 867,661 - -
030 City Clerk 779,300 978,762 978,762 - -
050 City Attorney 2,319,800 3,807,414 3,807,414 - -
090 General Government 8,619,000 9,926,239 9,926,239 - -
100 City Manager 3,179,000 3,045,606 3,045,606 - -
110 Human Resource 1,064,800 1,434,119 1,434,119 - -
120 Finance 3,673,400 3,601,826 3,601,826 - -
150 Special Assessment District - 118,755 118,755 - -
160 Capital Improvement Projects - 956,333 956,333 - -
180 Community & Economic Development 3,948,600 7,635,237 7,635,237 - -
210 Police 80,164,900 79,666,201 79,666,201 - -
380 Parks Recreation & Community 4,332,700 4,300,663 4,300,663 - -
400 Public Works 15,189,900 15,370,648 15,370,648 - -
470 Library 1,812,600 1,808,479 1,808,479 - -
TOTAL EXPENDITURES 126,827,000 134,365,299 134,365,299 - -
Use of Reserves for Carryovers (2,367,474) (2,367,474)
Surplus (Deficit)56,000 100,643 (5,094,251)
*FY 19/20 Year-End Estimates assume revenue impacts from the Coronavirus pandemic with a shelter-in-place order in effect
through May 2020. However, the unknowns surrounding the course of this virus and the nature and effects of the ongoing
government response may continue to change as we get closer to our year-end.
City of San Bernardino General Fund Analysis
Update to Revenues for COVID-19 Impact
1.a
Packet Pg. 18 Attachment: General Fund Analysis - COVID-19 (6675 : COVID-19 – Impact on City Operations and Revenue)
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Results of the Letter of Interest for the Bice Property
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, consider:
1. Directing the City Manager to proceed with the preparation of an Exclusive Right
to Negotiate Agreement (“ENA”) between the City of San Bernardino and SA
Marina, LLC for the purchase and development of the Bice property; and
2. Requesting that the final draft ENA come before the Mayor and City Council for
final consideration.
Background
The Bice Property is approximately 93.3 acres, includes a total of 129 vacant parcels ,
and is located fronting the 215 Freeway just north of Little League Drive. The property
was previously acquired by the former San Bernardino Redevelopment Agenc y.
Following the State’s decision to dissolve all California redevelopment agencies in 2012,
the property, along with other former redevelopment agency property assets, could not
be sold until a property disposition strategy was created and approved by th e Successor
Agency, the County of San Bernardino Oversight Board , and the State Department of
Finance. Due to the complexity of the Dissolution Act, the disposition strategy was not
adopted until late 2015.
The Bice Property is identified in the Successor Agency’s Long Range Property
Management Plan (“LRPMP”) as Site No. 26. The LRPMP provides more detailed
information on the project site. A copy of the LRPMP is available on the City’s website
under the Successor Agency to the former Redevelopment Agen cy.
The Bice Property is currently the only available large -size freeway site adjacent vacant
property under single ownership in San Bernardino. The project site is currently zoned
for RL (Residential Low - 3.1 d.u. per acre), RL 3.5 (Residential Low - 3.5 d.u. per acre),
and PFC (Publicly Owned Flood Control). It is possible that the City may consider
alternate land use for the project site, subject to compatibility with adjacent zoning and
land uses and City Council approval.
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6673
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There are two important factors that may affect the sale and development of the
property:
1. The project site has been designated by the U.S. Fish and Wildlife Service as a
San Bernardino Merriam’s Kangaroo Rat habitat area. More information may be
found at this link:
<https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0G8>. Therefore, the
Project Site may be subject to certain mitigation measures associated with the
San Bernardino Merriam’s Kangaroo Rat (“K-Rat Mitigation Measures”); and
2. One parcel, in its entirety, along with portions of three other parcels within the
property, have been zoned by the City as Publicly Owned Flood Control (PFC).
Therefore, portions of the Project Site may be subject to certain flood control
requirements of the City and/or the San Bernardino County Flood Control District
for flood control purposes (“Special Flood Control Requirements”).
Since these matters may affect the net area available for development and/or the cost
of developing the project site and thus the ultimate sales price f or the property, the City
may provide a prospective buyer additional time to conduct an appropriate due diligence
review with respect to assessing these matters in furtherance of supporting the
successful implementation of the intended development scenario. This may involve
providing an agreement for an exclusive negotiation period and a disposition and
development agreement to confirm the desired development commitments.
Discussion
On September 18, 2019, the City released the Letter of Interest for the s ale of the 93.3
acre property referred to as the Bice Property (Attachment 1). The LOI was circulated
for 30 days allowing interested developers the opportunity to respond to the City. The
City received a total of three (3) submittals. The following inf ormation provides the
name of the development entity and a general description of their proposal. Each of the
proposals is attached to this report for additional information:
1. SA Marina, LLC - The proposal is referred to as the Bella Vista Specific Plan.
The conceptual proposal includes the establishment of a master plan of
development (Specific Plan) that includes both commercial and industrial
development along the freeway/westerly portion of the property; and a mix of
residential uses ranging from estate home (1 du/acre) to medium-high density
residential development (24 du/acre) on the remainder of the property
allowing up to approximately 1,940 residential units.
2. Watermarke Homes & GFR Homes - The proposal is referred to as University
Heights. The conceptual proposal is a mixed -use master planned community
that includes the development of approximately 500 detached residential
dwellings, championship soccer fields, and possibly a logistics component.
3. Howard Industrial Partners - The proposal would include the rezoning of the
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property to allow the development of four separate
warehouse/logistics/fulfillment buildings totaling approximately 1.97 million
square feet. The developer contends that there is a great demand for
additional fulfillment centers in the greater Inland Empire.
The proposals were vetted through a two -step process. The first review of the
submittals was conducted by an internal review panel of four City staff. Based on the
review of the submittals, the panel believed it was in the best interest to interview all of
the prospective candidates. The second step in the review process included an
interview of the three candidates. The interview panel was made up of in -house city
staff and an outside consultant. Subsequent to the interviews, the scores were tallied
for each of the candidates and averaged. The following is the rating from highest to
lowest scores.
1. SA Marina, LLC 26
2. Howard Industrial Partners 22.25
3. Watermarke Homes & GFR Homes 19.5
Results
Although all three candidates are quite capable development entities in their own right,
based on the submittal information and interviews, SA Marina, LLC scored the highest
and staff believes that the team that makes up the development entity has the gr eatest
ability to carry out the design and development of the property in the amount of time.
Specifically, staff has drawn these conclusions based on the fact that this development
entity:
1. Is self-funded and does not need to depend on conventional financing;
2. Has a development team with years of experience designing and developing
a multitude of projects;
3. Has design professionals and/or companies that have years of experience
working on the subject and surrounding properties. Their technological
knowledge of the site and surrounding area will assist in their ability to move a
project forward in a more timely manner than other development entities that
will have to start from the beginning;
4. Started community outreach in 2018 when they first envisioned the Bella
Vista Specific Plan and have a better understanding of what the interest are in
the Verdemont area; and
5. Has control and/or an agreement with the adjacent property owner to include
additional properties into the overall development of the area, something the
other candidates do not have. *Note: SA Marina, LLC’s proposal includes an
exhibit that illustrates the other adjacent properties.
As such, it is staff’s recommendation that the Mayor and the City Council select SA
Marina, LLC as the development entity that will purchase and develop the Bice
Property.
2020-2025 Key Strategic Targets and Goals
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The proposed Letter of Interest to solicit developers interested in purchasing and
developing the Bice Property aligns with Key Target No. 3: Improve Quality of Life. The
identification of a competent and experienced development entity will facilitate the
master planning and development of a vacant 93.3 acre property. Future development
will be beneficial to the quality of life in the Verdemont area of the city.
Fiscal Impact
The preparation and administering of the Letter of Interest process for the Bice Property
was identified in the FY 2019/20 Community and Economic Development Department
operating budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, consider:
1. Directing the City Manager to proceed with the negotiation and preparation of an
Exclusive Right to Negotiate Agreement (“ENA”) between the City of San
Bernardino and SA Marina, LLC for the purchase and development of the Bice
property; and
2. Requesting that the final draft ENA come before the Mayor and City Council for
final consideration.
Attachments
Attachment 1 Bice Property - Letter of Interest
Attachment 2 Proposal from SA Marina, LLC
Attachment 3 Proposal from Watermarke Home & GFR Homes
Attachment 4 Proposal from Howard Industrial Partners
Ward: 5
Synopsis of Previous Council Actions:
December 2015 The Mayor and City Council functioning as the Successor Agency
adopted the Long Range Property Management Plan. The Bice
Property (Site No. 26) was identified for sale and future
development.
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290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | F: 909-384-5155 | www.SBCity.org
September 18, 2019
Invitation for “Letters of Interest” for the 93.3-acre Verdemont/I-215 Project
Interested Developers:
The City of San Bernardino (“City”) invites Letters of Interest (“LOI”) from developers
that are interested in purchasing and developing the City’s 93.3 acre Verdemont/I-215
Project (refer to Exhibit “A” for map). The 93.3 acre Verdemont/I-215 Project Site (the
“Project Site”) is a significant development opportunity because it is:
1. Adjacent to and is visible from the Interstate 215 Freeway;
2. Immediately connectable to the greater Inland Empire area at the nearby
Palm Avenue interchange;
3. Located in an area with higher end single family residential development;
4. To the northeast of and across the freeway from an 8-mile long 4.0-square
mile North San Bernardino Industrial District (located along Historic Route
66);
5. In close proximity to California State University, San Bernardino (“CSUSB”);
6. Near the Glen Helen Amphitheater located within the Glen Helen Regional
Park;
7. Near the Little League Western Region Headquarters; and
8. Currently vacant and available for development.
Developer selection will involve a two -step process. This invitation to submit an LOI is
the first step that will result in the identification of the most qualified developers . The
second step will invite the most qualified developers to submit an in-depth proposal for
consideration by the Mayor and City Council. It is anticipated that the City and the most
qualified developer selected will enter into an Exclusive Right to Negotiate Agreement
(“ENA”) for the Project Site and the negotiation of the sale and development of the
property through a Disposition and Development Agreement (“DDA”).
Background
The Project Site (refer to Exhibit “B” for a list of the parcels) was previously acquired by
the former San Bernardino Redevelopment Agency. Following the State’s decision to
dissolve all California redevelopment agencies, the City has taken the necessary steps
to enable the Project Site to be sold for future development. It is important to note that
the ultimate disposition will require additional compliance with certain procedures
2.a
Packet Pg. 23 Attachment: CED.BICE LOI Packet.Attachment 1 (6673 : Results of the Letter of Interest for the Bice Property)
Invitation for Letters of Interest
Verdemont/I-215 Project
September 2019
City of San Bernardino Page 2 of 4
related to the wind-down of former redevelopment agencies. The City will be
responsible for managing that process.
The Project Site is identified in the Successor Agency’s Long Range Property
Management Plan (“LRPMP”) as Site No. 26. The LRPMP provides more detailed
information on the Project Site. A copy of the LRPMP is available on the City’s website
under the Successor Agency of the former Redevelopment Agency.
There are three interchanges off of the I-215 that serve the greater North San
Bernardino/Verdemont area (i.e., Glen Helen Parkway on the north, Palm Avenue in the
center and University Parkway on the south), which makes the area well-connected to
the greater Inland Empire. The Project Site is located just south of the Glen Helen
Amphitheater, the largest outdoor music venue in the United States with a seating
capacity of 65,000. The Amphitheater hosts internationally known top-tier performers
that draw from the region. The immediate area is also home to California State
University San Bernardino and the Little League Western Region Headquarters.
Further, the Verdemont area, which is approximately 10 miles north of the Downtown
area, is one of the City's most desirable neighborhoods with excellent socio-economics
and quality housing.
The Project Site is the only currently available large-size freeway adjacent vacant
property under single ownership in San Bernardino. The Project Site is currently zoned
for RL (Residential Low – 3.1 d.u. per acre), RL 3.5 (Residential Low – 3.5 d.u. per
acre) and PFC (Publicly Owned Flood Control). It is possible that the City may consider
alternate land uses for the Project Site, subject to compatibility with adjacent zoning and
land uses.
There are two important factors that may affect the use of th e Project Site:
1. The Project Site has been designated by the U.S. Fish and Wildlife Service as a
San Bernardino Merriam’s Kangaroo Rat habitat area. More information may be
found at this link: https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0G8.
Therefore, the Project Site may be subject to certain mitigation measures
associated with the San Bernardino Merriam’s Kangaroo Rat (“K-Rat Mitigation
Measures”); and
2. One parcel in its entirety, along with portions of 3 other parcels within the Project
Site have been zoned by the City as Publicly Owned Flood Control (PFC).
Therefore, portions of the Project Site may be subject to certain flood control
requirements of the City and/or the San Bernardino County Flood Control District
for flood control purposes (“Special Flood Control Requirements”).
Based on the foregoing, the Project Site may be subject to certain K-Rat Mitigation
Measures and/or Special Flood Control Requirements. Since these matters may affect
the net area available for development and/or the cost of developing the Project Site
2.a
Packet Pg. 24 Attachment: CED.BICE LOI Packet.Attachment 1 (6673 : Results of the Letter of Interest for the Bice Property)
Invitation for Letters of Interest
Verdemont/I-215 Project
September 2019
City of San Bernardino Page 3 of 4
(and thus the ultimate sales price for the Project Site), the City may provide a
prospective buyer additional time to conduct an appropriate due diligence review with
respect to assessing these matters in furtherance of supporting the successful
implementation of the intended development scenario. This may involve providing an
agreement for an exclusive negotiation period and a disposition and development
agreement to confirm the desired development commitments.
It is anticipated that the Project Site will generate significant interest for development
that is compatible with the types of land uses prevalent in the general area. With that in
mind, the City prefers that the Project Site be developed with uses that are
complementary to, and will enhance the quality of development in the City of San
Bernardino in general and the Verdemont area in particular.
Non-Mandatory Meeting with City / Successor Agency
There will be a non-mandatory meeting on Tuesday, October 1, 2019, at 2:00 PM to
brief potential responders on the Verdemont/I-215 Project, the LOI and subsequent RFP
processes, and to respond to any questions received prior to this meeting. This
meeting will be held in the City Council Chambers located at 201 N. “E” Street, Suite
301, San Bernardino, CA. In addition to the briefing, City and Successor Agency
representatives will be available to answer questions. While this meeting is non -
mandatory, it is highly recommended that representatives of interested firms attend
since answers to any questions will not be separately disseminated.
How to Apply
If your firm is interested in pursuing this tremendous opportunity of developing the
Project Site, please submit your firm’s LOI to the City no later than Thursday, October
17, 2019 (“Submission Deadline”) at 5 p.m.
The contents of the LOI should include the following components:
1. Cover letter;
2. Statement of Qualifications (for the firm [or firms, if co-ventured] and the key
individuals that will be assigned to the project);
3. A concept plan and/or general vision for the Project Site, including a narrative
and preliminary Project Site graphic;
4. Description of relevant experience with similar type projects (minimum of five
projects), including a listing of end-users for each example site, as may be
applicable;
5. Listing of references (including private, public, banking and equity) for projects
completed within the last 10 years, including the example sites referenced in
component No. 4; and
6. Any additional relevant information.
2.a
Packet Pg. 25 Attachment: CED.BICE LOI Packet.Attachment 1 (6673 : Results of the Letter of Interest for the Bice Property)
Invitation for Letters of Interest
Verdemont/I-215 Project
September 2019
City of San Bernardino Page 4 of 4
It is requested that the LOI be submitted by the Submission Deadline in both hard copy
and Portable Document Format (“PDF”). The PDF shall be submitted on a flash drive
and included with six (6) hard copies of the LOI.
Please submit your LOI packet to:
Michael Huntley
Director of Community and Economic Development Director
City of San Bernardino
Attn: Ms. Stephanie Sanchez, Executive Assistant
201 North “E” Street, Third Floor
San Bernardino, California 92401
Estimated Time Line for Review of LOIs:
Non-mandatory meeting: October 1, 2019
LOI Submittal deadline: October 17, 2019
City Review of LOI’s Received: by October 31, 2019
Interviews of Developers (if needed): by November 14, 2019
Notification of Finalists for Detailed RFP: by November 25, 2019
Submission deadline for RFP: by January 2020 (TBD)
Exclusive Negotiating Agreement: by February 2020 (TBD)
We look forward to receiving your LOI. For any questions or additional information,
please contact the Community and Economic Development Department at 909/384-
5357.
Sincerely,
Michael Huntley
Director of Community and Economic Development
City of San Bernardino
Exhibits
Exhibit A – Site and Area Map
Exhibit B – List of parcels
2.a
Packet Pg. 26 Attachment: CED.BICE LOI Packet.Attachment 1 (6673 : Results of the Letter of Interest for the Bice Property)
Exhibit A
2.a
Packet Pg. 27 Attachment: CED.BICE LOI Packet.Attachment 1 (6673 : Results of the Letter of Interest for the Bice Property)
Exhibit B
0261-111-21
0261-111-23
0261-111-25
0261-111-29
0261-111-30
0261-111-33
0261-111-35
0261-111-37
0261-111-40
0261-121-01
0261-121-02
0261-121-03
0261-121-13
0261-121-14
0261-451-01
0261-451-02
0261-451-03
0261-451-04
0261-451-05
0261-451-06
0261-451-07
0261-451-08
0261-451-09
0261-451-10
0261-451-11
0261-451-12
0261-451-13
0261-451-14
0261-451-15
0261-451-16
0261-451-17
0261-451-18
0261-451-19
0261-451-20
0261-451-21
0261-451-22
0261-451-23
0261-451-24
0261-451-25
0261-451-26
0261-451-27
0261-451-28
0261-451-29
0261-451-30
0261-451-31
0261-451-32
0261-451-33
0261-451-34
0261-451-35
0261-451-36
0261-451-37
0261-451-38
0261-451-39
0261-451-40
0261-451-41
0261-451-42
0261-451-43
0261-451-44
0261-451-45
0261-451-46
0261-451-47
0261-451-48
0261-461-01
0261-461-02
0261-461-03
0261-461-04
0261-461-05
0261-461-06
0261-461-07
0261-461-08
0261-461-09
0261-461-10
0261-461-11
0261-461-12
0261-461-13
0261-461-14
0261-461-15
0261-461-16
0261-461-17
0261-461-18
0261-461-19
0261-461-20
0261-461-21
0261-461-22
0261-461-23
0261-461-24
0261-461-25
0261-461-26
0261-461-27
0261-461-28
0261-461-33
0261-461-34
0261-461-35
0261-461-36
0261-461-37
0261-461-38
0261-461-39
0261-461-40
0261-461-41
0261-461-42
0261-461-43
0261-461-44
0261-461-45
0261-461-46
0261-461-47
0261-461-48
0261-461-49
0261-461-50
0261-461-51
0621-461-52
0261-461-53
0261-461-54
0261-461-55
0261-461-56
0261-461-57
0261-461-58
0261-461-59
0261-461-60
0261-461-61
0261-461-62
0261-461-63
0261-461-64
0261-461-65
0261-461-66
0261-171-06
Site No. 26: N. Little League Drive at the 215 Freeway
Accessor Parcel Numbers
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Packet Pg. 28 Attachment: CED.BICE LOI Packet.Attachment 1 (6673 : Results of the Letter of Interest for the Bice Property)
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Felizardo Robles, Jr.
Founder and President
As President, Mr. Robles provides hands-on attention to all aspects of the company, from
initial acquisition of land through to the close of sales.
In 1976, Mr. Robles acquired his Real Estate License and in 1982 went on to create
Golden West Investments, a real estate brokerage company, followed in 1988 by Golden
Pacific Industries, a real estate development company. In 1995, Mr. Robles founded
GFR Enterprises, Inc., under the umbrella of GFR Homes , a privately held Land and Real
Estate Development company which identifies opportunistic acquisitions, performs due
diligence, navigates the entitlement process, performs construction and project
management and to date has delivered over 600 residential units.
Mr. Felizardo Robles is a 1976 graduate of California Polytechnic University, Pomona
and holds Real Estate Broker and General Contractor licenses.
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Packet Pg. 87 Attachment: CED.Bice LOI.Howard Industrial Partners.Attachment 4 (6673 : Results of the Letter of Interest for the Bice Property)
Michael J. Tyre
949.903.1337
mtyre@hipre.net
Timothy J. Howard
714.272.5318
thoward@hipre.net
HOWARD INDUSTRIAL PARTNERS | 1944 N. TUSTIN ST STE. 122 | ORANGE, CA 92865
WWW.HIPRE.NET
Michael P. Tunney
949.338.9007
mtunney@hipre.net
LETTER OF INTEREST VERDEMONT / I215 PROJECT
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STATEMENT OF QUALIFICATIONS
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STATEMENT OF QUALIFICATIONS
THE HISTORY
Howard Industrial Partners ("HIP")is an industrial real estate development and investment company focused primarily in Southern
California.The HIP partners have over 60 years of combined real estate experience in this very competitive market.Howard Industrial
Partners oversees all activities related to the development process including land and building entitlement,design,engineering,and
financing.On the investment side,the HIP team provides investors with valuation expertise,deep market knowledge and a skilled
professional staff that knows how to effectively close transactions.The HIP team has a track record of finding and closing successful
transactions with partners who are a veritable who's who of institutional investors.Whether it is the purchase of land for development
or a value added renovation of an existing property,investors can expect services from HIP that combine an entrepreneurial flair for
finding investments that produce superior risk-adjusted returns with an understanding of "back of the house"reporting and
communication requirements.
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Packet Pg. 90 Attachment: CED.Bice LOI.Howard Industrial Partners.Attachment 4 (6673 : Results of the Letter of
THE TEAM
TIMOTHY J. HOWARD | PARTNER
Mr.Howard has 30 years of experience focused within the industrial real estate sector.Prior to forming Howard
Industrial Partners,Mr.Howard was a Regional Partner and manager of Oakmont Industrial Group's Irvine,California
office where he focused on development and repositioning of industrial properties.Prior to joining Oakmont,Mr.Howard
was a partner with Houston-based Pinchal &Company,where his responsibilities included the successful acquisition
and disposition of a 3.8 million square foot east coast industrial portfolio.Prior thereto,Mr.Howard spent five years as
Vice President of Development with Trammell Crow Company,focused on industrial development within the LA basin.
Included on his resume at Crow was the development of a highly complex,yet successful,multi-phase park in Santa Fe
Springs,CA.In addition,Mr.Howard also has valuable experience within the Southern California brokerage industry.
During a 13-year tenure with Grubb &Ellis and Cushman &Wakefield,he developed key relationships within this highly
competitive sector.He earned a B.A.degree (double major)in International Relations and Business from the University
of Southern California and is a licensed Real Estate Broker in California,Texas and Georgia.
MICHAEL J.TYRE |PARTNER
In his 30 year career in real estate,Mr.Tyre has closed approximately $5 billion in real estate transactions using many
different purchase structures including pre-sales,forward commitments and ground-up development.Prior to joining
HIP,Mr.Tyre was the Head of West Coast Acquisitions for Invesco Real Estate where he headed a team responsible
for the acquisition and development of industrial,office,multi-family and retail assets.Prior to joining Invesco,Mr.
Tyre was a Principal at Prudential Real Estate Investors (“PREI”),a subsidiary of Prudential Financial,where he was
responsible for real estate acquisitions in the Western United States on behalf of PREI’s clients.Prior to PREI,Mr.
Tyre was a Managing Partner in an architectural design and planning firm in Los Angeles specializing in retail design.
Mr.Tyre received his Bachelor of Science degree in Architecture from the University of Illinois and his Masters degree
in Business Administration with a concentration in finance and real estate from UCLA.
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MICHAEL P.TUNNEY |VICE PRESIDENT
Mr.Tunney has over 15 years experience managing complex projects,leading large teams,driving business growth and
execution.Prior to joining HIP,Mr.Tunney was an executive in charge of Red Bull North America’s live event network
spanning over 12 markets with 150+events and activations at over 20+global festivals annually.Mr.Tunney received
his Bachelor of Science degree in Business Administration with an emphasis in Entrepreneurial Studies at USC’s
Marshall School of Business and has applied his expertise as a part of the executive management team at 7 different
start up ventures.
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CONCEPT PLAN
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CONCEPT SITE PLAN
E-Commerce Requirements Driving User Demand:
Dramatic growth in e-commerce has caused users to redesign and augment their supply chains by opening fulfillment centers dedicated to online sales operations.
This is a relatively new demand component to the industrial market and has created a new wave of larger requirements.In the Inland Empire over the past several
years,Amazon.com alone has absorbed over 9M SF of space,Home Depot recently leased a 1M SF fulfillment center,Wayfair.com leased over 2M SF,and a
significant number of the major retailers,many with existing brick-and-mortar distribution centers,have opened or plan to open Inland Empire fulfillment centers in
2019/2020.As a well established submarket for major corporate occupiers,the I-215 corridor has landed many of these online fulfillment center requirements.
E-commerce sales in 2016 accounted for only 8.1%of total U.S.retail sales,but is expected to double in size by 2020.
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On a smaller scale,HIP intends to develop the subject property into a fulfillment and e-commerce campus similar to the Meredith International Centre,which is now home to
QVC –the highest sales tax generator in the City of Ontario.QVC will do approximately $700-$800M in sales from its 1m sf facility and employ 1,500 people.The
development of the Meredith International Centre,along with the privately funded infrastructure it brought,has proven to be a catalyst to varying types of developments
immediately adjacent to the industrial park.These include:an 800 unit luxury apartment community,an Audi dealership,a Land Rover dealership,and a future IKEA store.
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PROJECT EXAMPLE
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Howard Industrial Partners develops state-of-the-art,best-in-class,LEED certified facilities which will be designed specifically to target and attract fulfillment and
e-commerce users.The buildings will be handsomely appointed with above-standard design features and lush,appealing landscaping.HIP uses 100%California
native flora which use 50%less water (e.g.pepper trees).
PROJECT RENDERING
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MARKET DATA
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MARKET DATA
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THE NEW DEMAND DRIVER –CLOSER LOOK AT E-COMMERCE NATIONALLY
Source: U.S. Census Bureau
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MARKET DATA
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RELEVANT EXPERIENCE
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RELEVANT EXPERIENCE
PROJECTS
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16
ACRES
334
BUILDING SF
5M
BUILDINGS
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Packet Pg. 100 Attachment: CED.Bice LOI.Howard Industrial Partners.Attachment 4 (6673 : Results of the Letter of
DOWLING ORCHARD BUSINESS PARK
Beaumont, California
572,143 Square Feet in 2 Buildings
GREYSTONE INDUSTRIAL PARK
Ontario, California
346,800 Square Feet in 3 Buildings
HUNTER PARK BUSINESS CENTER
Riverside, California
294,158 Square Feet in 5 Buildings
RELEVANT EXPERIENCE
REDLANDS DISTRIBUTION CENTER
Redlands, California
809,338 Square Feet in 1 Building
Sample of previous projects by HIP:
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GENERAL MILLS CENTER
Perris, California
1,547,342 Square Feet in 1 Building
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EIGHTH ST DISTRIBUTION CENTER
Rancho Cucamonga, California
151,476 Square Feet in 1 Building
RELEVANT EXPERIENCE
PALMETTO DISTRIBUTION CENTER
Redlands, California
266,442 Square Feet in 1 Building
Sample of previous projects by HIP:
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WALMART FACILITY
Colton, California
340,464 Square Feet in 1 Building
ROSS STORES CENTER
Perris, California
698,274 Square Feet in 1 Building
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210
60
10
15
91
215
10
15
215
60
15
02
01
01 Hunter Park Business Center
02 Greystone Industrial Park
03 Dowling Orchard Business Park
04 Redlands Distribution Center
05 General Mills Center
03
06
07
06 Eighth Street Distribution Center
07 Palmetto Distribution Center
05
08
09
08 Ross Stores Center
09 Walmart Facility
04
RELEVANT EXPERIENCE
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RELEVANT EXPERIENCE
CLOMAR APPLICATION PROCESSING
•PROJECT: FEDEX PARKING LOT
•Jurisdiction: San Bernardino County
•Land Area: 64 Acres
•MT-1 Community Acknowledgement Form processed/approved by San Bernardino County Flood Control District and
CLOMAR issued by FEMA
•PROJECT: WALMART FACILITY
•Jurisdiction: Colton, CA
•Land Area: 44 Acres
•MT-1 Community Acknowledgement Form processed/approved by Colton and CLOMAR issued by FEMA
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HABITAT MITIGATION
•HIP is well versed in species habitat mitigation best practices including: Kangaroo Rat, Santa Ana Sucker Fish and Delhi Sands Fly
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REFERENCES
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REFERENCES
CORPORATE
•Tom Hogan -General Mills
•Bill Connor -FedEx -Director of Real Estate
GOVERNMENT
•Josie Gonzales –San Bernardino County –Fifth District Supervisor
•Terri Rahhal –San Bernardino County –Head of Planning
•Mark Tomich –City of Colton –Planning Director
FINANCE
•Brooks Benjamin –Key Bank
•Mark Vande Hey –Prudential Insurance
*Contact information available upon request
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HOWARD INDUSTRIAL PARTNERS | 1944 N. TUSTIN ST STE. 122 | ORANGE, CA 92865
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Authorize the Submittal of an Application for Permanent Local
Housing Allocation Funds
Recommendation
Adopt Resolution No. 2020-60 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or Assistant City M anager to
submit an application for the projects utilizing Permanent Local Housing Allocation
Funds from the California Department of Housing and Community Development.
Background
The California Department of Housing and Community Development (HCD) has
released a Notice of Funding Availability (NOFA) of approximately $195 million for the
Permanent Local Housing Allocation (PLHA) program. Funding for the NOFA is
provided pursuant to Senate Bill 2 (SB 2). SB 2 was signed into law by Governor Brown
on September 29, 2017 and took effect January 1, 2018. It creates a $75 fee on certain
real estate transaction documents when they are recorded, capped at $225 per
transaction. The fee does not apply to sales of residential and commercial properties
but instead to other transactions like mortgage refinancing and county fixture filings.
SB 2 established the Building Homes and Jobs Trust Fund in order to allocate 70
percent of the moneys collected and deposited in the Fund, beginning in 2019, to local
governments for eligible housing activities. The intent of SB 2 is to provide a permanent
source of funding to local governments for housing-related projects and programs that
address the unmet housing needs in their communities.
Discussion
Under the PLHA program, HCD is required to allocate 90 percent of the funds based on
the federal Community Development Block Grant (CDBG) formula. The remaining 10
percent is required to be distributed through a competitive grant program for
communities that do not receive CDBG allocations. The current NOFA covers the first
year of the program and the subsequent four annual allocations.
In the first year’s allocation, HCD has allocated $1,622,027 to the City of San
Bernardino. Over the five years covered by the current NOFA, the City of San
Bernardino could receive up to a total of $9,732,162. The City can use five percent of
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its annual allocation for administrative costs, or $81,101 of the first year allocation.
Based on the needs identified in the City’s 5-Year Consolidated Plan, staff proposes to
utilize PLHA fund for the following activities:
1. The development, acquisition rehabilitation, and preservation of rental and
ownership housing.
a) This activity could increase funding the City’s Owner Occupied
Rehabilitation Program; and
b) Fund a new Consolidated Plan program that would make low interest
loans available to owners of multi-family rental housing, in exchange
for preservation of a number of their units as affordable.
2. Homeownership opportunities, including but not limited to, down payment
assistance.
a) This activity could increase funding for the City’s Infill Housing
Ownership Program.
3. Funds to capitalize reserves for services needed in new permanent
supportive housing (such as case management, subst ance abuse
rehabilitation and mental health counseling).
4. Assisting persons who are experiencing or are at risk of homelessness,
including rapid rehousing, rental assistance, operating and capital costs for
navigation services to locate housing and for emergency shelters.
a) This activity would provide additional funding for the City’s Emergency
Solutions Grant (ESG) non-profit sub recipients and the work they
undertake on behalf of the city’s homeless.
The proposed resolution is a state -approved template. Minimal changes have been
made by City staff to ensure the state accepts the application. As a result, the
resolution will not resemble the City’s standard template.
2020-2025 Key Strategic Targets and Goals
Submittal of application for the PLHA program aligns with Key Target No. 1: Financial
Stability, by securing a permanent funding allocation for housing and Key Target No. 3:
Improved Quality of Life, by securing additional funds to reduce the burden of
homelessness through engagement, collaboration, and alignment with other entities
Fiscal Impact
No fiscal impact to the City
Conclusion
Adopt Resolution No. 2020-60 of the Mayor and City Council of the City of San
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Bernardino, California, authorizing the City Manager or Assistant City Manager t o
submit an application for the projects utilizing Permanent Local Housing Allocation
Funds from the California Department of Housing and Community Development.
Attachments
Attachment 1 Resolution 2020-60
Ward: All
Synopsis of Previous Council Actions:
February 19, 2020 Mayor and City Council adopted Resolution No. 2020-37
Authorizing application for, and receipt of, SB 2 Planning Grants
Program funds.
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Rev. 3-10-20
RESOLUTION NO. 2020-60
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR ASSISTANT
CITY MANAGER TO SUBMIT AN APPLICATION FOR PROJECTS UTILIZING
PERMANENT LOCAL HOUSING ALLOCATION FUNDS FROM THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
The City Council of the City of San Bernardino (“Applicant”) hereby consents to, adopts,
and ratifies the following resolution:
A. WHEREAS, the State of California (the “State”), Department of Housing and
Community Development (“Department”) is authorized to provide up to $195 million to
Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation
Program Entitlement Jurisdiction Component from the Building Homes and Jobs Trust
Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364,
Statutes of 2017 (SB 2));
B. WHEREAS, the Department issued Permanent Local Housing Allocation Final
Guidelines (“PLHA Program Guidelines”) in October 2019;
C. WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated
02/26/2020 under the Permanent Local Housing Allocation (“PLHA”);
D. WHEREAS, Applicant is a City eligible to submit an application for and administer
Permanent Local Housing Allocation Funds; and
E. WHEREAS, the Department may approve funding allocations for the PLHA
Program, subject to the terms and conditions of the PLHA Program Guidelines, NOFA,
Program requirements, the Standard Agreement, and other contracts between the
Department and PLHA grant recipients;
NOW , THEREFORE, BE IT RESOLVED THAT:
1. If Applicant receives a grant of PLHA funds from the Department pursuant to the
above referenced PLHA NOFA, it represents and certifies that it will use all such funds
in a manner consistent and in compliance with all applicable state and federal statutes,
rules, regulations, and laws, including without limitation all rules and laws regarding the
PLHA Program, as well as any and all contracts Applicant may have with the
Department.
2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount
not to exceed the five-year estimate of the PLHA formula allocations, as stated in
Appendix C of the current NOFA $9,732,162 in accordance with all applicable rules
and laws.
3.a
Packet Pg. 111 Attachment: ECD.PLHA.Authority to Apply.RESOLUTION (6681 : Authorize the Submittal of an Application for Permanent Local Housing
Rev. 3-10-20
3. Applicant hereby agrees to use the PLHA funds only for Eligible Activities as
approved by the Department and in accordance with all Program requirements, PLHA
Program Guidelines, other rules and laws, as well as in a manner consistent and in
compliance with the Standard Agreement, its Application, and other contracts between
the Applicant and the Department.
4. Applicant shall be subject to the terms and conditions as specified in the Standard
Agreement, the PLHA Program Guidelines, and any other applicable SB 2 guidelines
published by the Department.
5. Assistant City Manager Rebekah Kramer or City Manager Teri Ledoux are
authorized to execute the PLHA Program Application, the PLHA Standard Agreement
and any subsequent amendments or modifications thereto, as well as any other
documents which are related to the Program or the PLHA grant awarded to Applicant, as
the Department may deem appropriate.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of San
Bernardino this day of April, 2020 by the following vote:
AYES: ABSTENTIONS: NOES: ABSENT:
APPROVE:
Signature of Approving Officer
John Valdivia, Mayor
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Genoveva Rocha does hereby attest and certify that the foregoing
Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
City Council of the City of San Bernardino which was duly convened and held on the
date stated thereon, and that said document has not been amended, modified, repealed
or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
Signature of Attesting Officer
Genoveva Rocha, Acting City Clerk
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Introduction and First Reading of Ordinance MC-1535 –
Penalties for Fireworks Violations
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California introduce, read by title only, and waive further reading of Ordinance MC-1535,
amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San
Bernardino Municipal Code, pertaining to the use of fireworks within city limits.
Background
Chapters 8.60 and 8.61 of the San Bernardino Municipal Code regulate fireworks sale s,
designate certain restrictions on the possession and discharge of fireworks, and
establish penalties for violations of fireworks regulations. Chapter 9.93 of the San
Bernardino Municipal Code establishes the Administrative Civil Penalties program and
sets a $1,000 maximum daily penalty per violation of the Municipal Code.
During the July 17, 2019 Mayor and City Council meeting, it was directed that the
Legislative Review Committee to explore modifying the Municipal Code to increase
fines and penalties for fireworks violations in the City of San Bernardino.
Legislative Review Committee Action
On September 11, 2019, the Legislative Review Committee convened to discuss
fireworks violations and to provide direction to staff. Following public comment and
Committee member discussion, a majority of the Committee voted to direct staff to
place an item on the agenda for a future meeting of the Mayor and City Council
Members to:
Consider amending the Municipal Code to adopt an enhanced penalty structure
for fireworks violations, and
Consider establishing a fund consisting of fines collected from fireworks
violations to be used to pay a reward in the amount of $250 to any individual
providing information leading to the identification and successful crimina l or civil
prosecution of any person violating the City of San Bernardino Municipal Code
related to the unlawful possession, sale, or discharge of fireworks.
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Council Direction
During the November 6, 2019 meeting, the Mayor and City Council unanimously
accepted the recommendations provided in the Fireworks Permitting and Penalties for
Fireworks Violations staff report. That report outlined a proposed structure for increased
administrative civil penalties for fireworks violations as well as the establishment of a
reward fund for individuals providing information leading to the identification and
successful criminal or civil prosecution of any person violating any fireworks -related
Municipal Code. City staff were directed to draft a proposed ordinance modifyin g
Chapters 8.60, 8.61, and 9.93 of the Municipal Code according to the terms provided in
the staff report and to bring the proposed ordinance back to the Mayor and City Council
for further consideration.
Discussion
Existing Penalties for Fireworks Violations
As currently established, Section 8.60.150 of the Municipal Code makes it an infraction
or a misdemeanor to violate any provision of Chapter 8.60 of the Municipal Code
relating to the sale, possession, and discharge of safe and sane fireworks. Section
8.61.030 of the Municipal Code makes it a misdemeanor to violate any provision of
Chapter 8.61 of the Code relating to the possession and discharge of dangerous
fireworks. Anyone convicted of an infraction is subject to a fine not to exceed $100 for a
first violation, $200 for a second violation within one year, and $500 for any subsequent
violation within one year (Municipal Code Section 1.12.010). Anyone convicted of a
misdemeanor violation is subject to imprisonment in the County Jail for not more than
six months and/or a fine not to exceed $1,000 (Municipal Code Section 1.12.010).
In addition to criminal fines and the potential for imprisonment as outlined above,
fireworks violations are also currently subject to an Administrative Civil Penalty of
$1,000 per violation (Municipal Code Sections 8.60.150, 8.61.030, and 9.93.020). Each
fireworks violation may be subject to criminal penalties, civil penalties, or both.
Comparison of Fireworks Violation Penalties Throughout the Region
The proposed increase to administrative civil penalties fines for fireworks violations is
premised upon staff research and analysis of various penalties for fireworks violations in
the region. Staff evaluated current fireworks regulations and penalties in use by the
County of San Bernardino, 23 incorporated cities within the County of San Bernardino,
and the City of Riverside. Of the 25 jurisdictions evaluated, eight permit some form of
lawful possession and discharge of safe and sane fireworks (Adelanto, Barstow, Chino,
Colton, Fontana, Grand Terrace, Needles, and Rialto), and all impose some form of
penalty structure for fireworks violations.
Most of the jurisdictions evaluated establish criminal penalties for fireworks violations as
either an infraction punishable by a fine up to $500, or as a misdemeanor punishable by
a fine up to $1,000 and/or six months in County Jail. These criminal penalties are on par
with the criminal penalties authorized by the City of San Bernardino Municipal Code, as
well as state provisions for infraction and misdemeanor crimes. Given the relative
uniformity in criminal penalties among the jurisdictions researched and the
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determination that the City of San Bernardino Municipal Code is consistent with those
penalties, staff recommends no changes to the current criminal penalty structure.
Most of the jurisdictions evaluated also allow for some form of civil penalty in addition to
any criminal penalties assessed. For dangerous fireworks violations, civil penalties
range from $100 for a first violation on the low end of the spectrum to $10,000 for a third
violation within one year on the high end of the spectrum.
The cities of Fontana and Grand Terrace impose the highest civil penalties for
dangerous fireworks violations among the evaluated cities: $2,500 for a first offense,
$5,000 for a second offense within one year, and $10,000 for each subsequent offense
within one year. However, these same cities provide for a much lower penalty structure
for violations related to safe and sane fireworks: $250 for the first offense, $500 for the
second offense within one year, and $750 for each subsequent violation within one
year.
The City of Montclair imposes the highest penalties for safe and sane fireworks
violations: $1,000 for the first offense, $2,500 for the second offense within 36 months,
and $5,000 for each subsequent offense within 36 months. There is no distinction in the
Montclair penalty structure differentiating safe and sane fireworks violations and
dangerous fireworks violations.
In contrast to these three example cities, the City of San Bernardino Municipal Code
provides for a $1,000 civil penalty for any fireworks-related violation, regardless of
severity, type of fireworks involved, or number of occurrences within a given timeframe.
Proposed Municipal Code Modifications
In the Fireworks Permitting and Penalties for Fireworks Violations staff report presented
to the Mayor and City Council during the November 6, 2019 meeting, staff
recommended:
The adoption of the highest regional administrative civil penalty fines for
dangerous fireworks violations currently in use by the Cities of Fontana and
Grand Terrace;
The adoption of the highest regional administrative civil penalty fines for safe
and sane violations currently in use by the City of Montclair;
The adoption of a 36-month timeframe for escalating penalties in the case of
repeat violations; and
The creation of a reward fund consisting of fines collected from fireworks
violations to be used to pay a reward in the amount of $250 to any individual
providing information leading to the identification and successful criminal or civil
prosecution of any person violating the City of San Bernardino Municipal Code
related to the unlawful possession, sale, or discharge of fireworks.
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The Mayor and City Council accepted each of the foregoing recommendations as
presented.
In an effort to enhance public safety through the deterrence of unlawful sales,
possession, and discharge of fireworks while remaining consistent with regional
standards, and in accordance with the direction of the Mayor and City Council,
Ordinance MC-1535 will:
Amend Section 8.60.150(B) of the Municipal Code to reflect the following civil
penalties for violations of Chapter 8.60 regarding the sale and use of safe and
sane fireworks:
o $1,000 for the first offense,
o $2,500 for the second offense within 36 months, and
o $5,000 for each subsequent offense within 36 months.
Amend Section 8.61.030(B) of the Municipal Code to reflect the following civil
penalties for violations of Chapter 8.61 regarding dangerous fireworks:
o $2,500 for the first offense,
o $5,000 for the second offense within 36 months, and
o $10,000 for each subsequent offense within 36 months.
Amend Section 9.93.020(E) of the Municipal Code to allow for a civil penalty
greater than $1,000 per violation of Chapters 8.60 and 8.61 of the San
Bernardino Municipal Code.
Add Section 8.60.155 to the Municipal Code authorizing the City Manager to
create a reward fund consisting of fines collected from fire works violations to be
used to pay a reward in the amount of $250 to any individual providing
information leading to the identification and successful criminal or civil
prosecution of any person violating the City of San Bernardino Municipal Code
related to the unlawful possession, sale, or discharge of fireworks.
2020-2025 Strategic Targets and Goals
The recommended action aligns with Key Target No. 3c: Improved Quality of Life:
constantly evaluate public safety service delivery models to enhance the qual ity of
service. Enhancing the penalties associated with the unlawful sales, possession, and
discharge of fireworks and creating a reward fund to encourage the assistance of the
public in the identification and successful prosecution of individuals who unla wfully sell,
possess, and discharge fireworks will serve to deter unlawful fireworks activity and
improve public safety.
Fiscal Impact
Administrative Civil Penalties citations generate revenue in the form of fines. The total
amount of fines varies and is dependent upon a variety of factors including the level of
enforcement, the number of Administrative Civil Penalties citations issued, the type of
violation, the number of violations committed, and the ability of the City to collect the
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fines. The amount of fines collected is anticipated to increase under the proposed
enhanced penalty structure.
The proposed ordinance authorizes the City Manager to establish a special reward fund
consisting of fines collected from fireworks violations to pay rewards in the amount of up
to $250 to individuals providing information leading to the identification and successful
criminal or civil prosecution of any person violating any Municipal Code provision related
to the unlawful possession, sale, or discharge of fireworks. The number of rewards paid
from this fund will vary depending on a number of factors including: the number of
violations, the willingness of members of the public to report violations, and the ability of
City staff to cite and successfully prosecute violators. However, staff anticipates that
fines collected for fireworks violations will be in a sufficient amount to cover the cost of
the reward program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California introduce, read by title only, and waive further reading of Ordinance MC-1535,
amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San
Bernardino Municipal Code, pertaining to the use of fireworks within city limits.
Attachments
Attachment 1 Proposed Ordinance MC-1535
Ward: All
Synopsis of Previous Council Items: None
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Ordinance No. MC-1535
ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA AMENDING CHAPTERS 8.60 AND
8.61 OF TITLE 8 AND CHAPTER 9.93 OF TITLE 9
OF THE SAN BERNARDINO MUNICIPAL CODE,
PERTAINING TO THE USE OF FIREWORKS
WITHIN CITY LIMITS
WHEREAS, “safe and sane fireworks” are defined as any fireworks which do not come
within the definition of “dangerous fireworks” or “exempt fireworks” by the California Health
and Safety Code Section 12529; and
WHEREAS, during the Fourth of July celebrations, the City of San Bernardino
experiences numerous fires caused by both “safe and sane” fireworks and the use of illegal
“dangerous” fireworks; and
WHEREAS, the use of “safe and sane” fireworks outside the permitted firework zone
has caused the ignition of multiple fires; and
WHEREAS, the use of illegal “dangerous” fireworks has sparked fires throughout the
City; and
WHEREAS, fire crews respond to numerous fires caused by both “safe and sane” and
illegal “dangerous” fireworks throughout the City; and
WHEREAS, the Police Department receives numerous calls related to the use of illegal
fireworks in the days leading up to, including, and after July 4 each year; and
WHEREAS, in the days leading up to and including July 4, 2019, an estimated 1,500
pounds of illegal fireworks were seized in the City by law enforcement personnel; and
WHEREAS, in order to address this serious issue, City staff has sought ways to deter the
possession and lighting of illegal fireworks in the City, including by increasing penalties; and
WHEREAS, the City Council has determined that the public health, safety, and welfare
will be served by: (1) increasing the maximum penalties for the use and possession of safe and
sane fireworks outside of the permitted zone; (2) increasing the penalties for the use and
possession of dangerous fireworks; and (3) establishing a reward for the information leading to
the identification and successful prosecution of violators.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference. This Ordinance is enacted in accordance with the City’s police powers and in
accordance with the City’s powers as a charter city.
4.a
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Ordinance No. MC-1535
SECTION 2. Section 8.60.150 B. of the San Bernardino Municipal Code is amended to
read as follows:
“B. In addition to any other penalties provided by law, any person, organization, group
association, etc. violating any provisions of this Chapter shall be subject to an Administrative
Civil Penalty of:
1. One-thousand dollars ($1,000) for the first offense; and
2. Two-thousand five hundred dollars ($2,500) for the second offense within
36 months; and
3. Five-thousand dollars ($5,000) for each subsequent offense within 36
months.”
SECTION 3. Section 8.61.030 B. of the San Bernardino Municipal Code is amended to
read as follows:
“B. In addition to any other penalties provided by law, any person, organization, group or
association, etc. violating any provisions of this Chapter shall be subject to an Administrative
Civil Penalty of:
1. Two-thousand five hundred dollars ($2,500) for the first offense; and
2. Five-thousand dollars ($5,000) for the second offense within 36 months;
and
3. Ten-thousand dollars ($10,000) for each subsequent offense within 36
months.”
SECTION 4. Amending section 9.93.020 E. of the San Bernardino Municipal Code to
read as follows:
“E. Administrative Civil Penalties for violations of any provision of the Municipal Code shall
be assessed at a daily rate determined by the Enforcement Officer, or by the Administrative
Hearing Officer pursuant to the criteria listed in Section 9.93.040 of this Chapter. The maximum
rate shall be $1,000 per violation per day unless a different amount is set elsewhere in this
Municipal Code. The maximum amount of Administrative Civil Penalties shall not exceed
$100,000 per parcel or structure for any related series of violations.”
SECTION 5. Adding Section 8.60.155 to the San Bernardino Municipal Code to read as
follows:
“8.60.155 Reward Fund
The City Manager may establish a special fund consisting of fines collected from firework
violations to pay rewards in the amount of no more than two-hundred and fifty dollars ($250) to
individuals providing information leading to the identification and successful criminal or civil
4.a
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Ordinance No. MC-1535
prosecution of any person violating this Municipal Code related to the unlawful possession, sale,
or discharge of fireworks.”
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 7. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 8. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ th day of _____________, 2020
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
_________________________________
Sonia Carvalho, City Attorney
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Ordinance No. MC-1535
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Ordinance No. MC-_________, introduced by the Mayor and City Council of the City of
San Bernardino, California, at a regular meeting held the ________day of ___________, 2020.
Ordinance No. MC-__________was approved, passed and adopted at a regular meeting held ___
day of __________, 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____day of
___________, 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: Budget Amendment and Ordinance Amending MC Chapter
2.02
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U),
Assistant to the Mayor II (U), Senior Customer Service Representative (U) and
part-time personnel from the Office of the Mayor to the Office of the City Manager
effective April 16, 2020.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1534, an Ordinance of the Mayor and City Council of the City of San Bernardino,
California, amending Chapter 2.02 of the San Bernardino Municipal Code
assigning responsibility to the City Manager for the administration of the Offices
of the City Council, Mayor and City Attorney.
Background
After receiving an update on March 18, 2020 regarding staffing in the Office of the
Mayor, the City Council directed the City Manager to bring forward a budget
amendment to transfer funding for all of the full-time and part-time staff in the Mayor’s
Office, with the exception of the Executive Assistant to the Mayor, to the Office of the
City Manager.
Article V, Section 502 of the City Charter assigns responsibility to the City Manager for
the administration of each City department excluding the Offices of the City Council,
Mayor, City Attorney, and City Clerk. Section 502 further states that with the consent of
the Council, the City Manager may serve as the executive of one or more of such
offices. On April 1, 2020, the City Council further directed the City Manager to bring
forward an Ordinance to amend the City’s Municipal Code to assign administrative
responsibility for the Offices of the Mayor, City Council, and City Attorney to the City
Manager.
Discussion
The transfer of staff from the Mayor’s Office to the Office of the City Manager will
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require a budget amendment in addition to an evaluation of the scope of responsibility
assigned to staff within their existing job classifications in relation to the operational
needs of the City Manager’s Office. This will be completed in two parts. The budget
amendment presented this evening is the first step in this process. The adopted FY
2019/20 operating budget for the Mayor’s Office includes four (4) full -time support
positions in addition to funding for part-time personnel. As directed by the City Council,
the budget amendment presented for adoption would transfer three (3) of the four (4)
full-time positions from the Mayor’s Office as well as the remaining funding for part -time
personnel to the Office of the City Manager as identified in the table below.
Position Status Adopted
Budget
FY2019/20 Salary
& Benefits
Action
Mayor’s Chief of Staff (U) Full-Time Filled $121,052 Transfer to City
Manager’s
Office
Assistant to the Mayor II
(U)
Full-Time Vacant $ 86,913 Transfer to City
Manager’s
Office
Executive Assistant to
the Mayor (U)
Full-Time Filled $66,096 Retained in the
Mayor’s Office
Senior Customer Service
Representative (U)
Full-Time Vacant $63,200 Transfer to City
Manager’s
Office
Legislative Field
Representative (U)
Temporary
/ Part-Time
Filled $52,000 Transfer to City
Manager’s
Office
The second step associated with the transfer of personnel from the Office of the Mayor
to the Office of the City Manager will require an assessment of each job class ification
considered in combination with the operational needs of the City Manager’s Office. The
staffing structure of the City Manager’s office will be addressed as part of the FY
2020/21 budget process.
As directed by the City Council on April 1, 2020, Ordinance No. MC-1534 amends
Chapter 2.02 of the City’s Municipal Code to assign to the City Manager, responsibility
for the management and oversight of support staff in the Office of the City Council,
Mayor, and City Attorney. If approved by the City Council, this change will go into effect
30 days after the second reading of the Ordinance.
Fiscal Impact
The fiscal impact to the City associated with the transfer of funding for the Mayor’s Chief
of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U),
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and the remaining part-time budget, effective April 16, 2020, is $65,417. There is no net
impact to the General Fund. The Mayor’s budget will be reduced by $65,417 and the
City Manager’s budget will be increased by the same amount.
Conclusion
It is recommended that the Mayor and City Council amend the FY 2019/20 Adopted
Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior
Customer Service Representative (U) and part-time personnel from the Office of the
Mayor to the Office of the City Manager effective April 16, 2020 and adopt Ordinance
No. MC-1534 amending Chapter 2.02 of the City’s Municipal Code to assign
administrative responsibility for the Offices of the Mayor, City Council, and City Attorney
to the City Manager.
Attachments
Attachment 1 Ordinance No. MC-1534
Ward: All
Synopsis of Previous Council Actions:
May 1, 2019 City Council adopted Ordinance No. MC-1516 amending Chapter
2.02 City’s Municipal Code related to the duties of the City
Manager.
June 19, 2019 Resolution No. 2019-168 adopted, approving the City of San
Bernardino’s operating budget for FY 2019/20.
June 19, 2019 Resolution No. 2019-167 adopted amending the salary schedule for
full-time non-safety classifications of the City of San Bernardino for
Fiscal Year 2019/20.
January 15, 2020 Resolution No. 2020-006 adopted establishing the compensation
plan for part-time/temporary and seasonal employees.
March 18, 2020 City Council directed the City Manager to prepare a budget
amendment transferring all of the full-time and part-time positions in
the Office of the Mayor with the exception of the Executive
Assistant to the Mayor to the Office of the City Manager.
April 1, 2020 City Council directed the City Manager to bring forward and
Ordinance to amend the Municipal Code assigning to the City
Manager administrative responsibility for the Offices of the Mayor,
City Council, and City Attorney.
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ORDINANCE NO. MC-1534
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING SECTION 2.02.060 OF CHAPTER 2.02 OF
TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE
PERTAINING TO THE DUTIES OF THE CITY MANAGER
WHEREAS, the Section 502 of the City Charter authorizes the City Manager to serve as
the executive of departments, offices, or agencies of the City with the consent of the Cit y
Council; and
WHEREAS, the City Council wishes to provide a streamlined administrative and
management process for the offices of the Mayor, City Council and City Attorney that respects
the needs of City officials while also considering budget constraints; and
WHEREAS, the City Council wishes to consent to the City Manager serving as the
executive of the City Council office, the Mayor’s office, and the City Attorney’s office.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The second Subsection M of Section 2.02.060, which presently duplicates
Subsection L, is hereby deleted.
SECTION 3. The first Subsection M of Section 2.02.060 is hereby amended to delete the
period at the end of the subsection and replace it with the following text: “; and”.
SECTION 4. A new Subsection N is hereby added to Section 2.02.060 of the San
Bernardino Municipal Code to read in its entirety as follows:
“N. In accordance with Section 502 of the City Charter, the City Council consents to
the City Manager serving as the executive of the following departments, offices or agencies:
(1) the City Council office;
(2) the Mayor’s office; and
(3) the City Attorney’s office.
In accordance with Section 502 of the City Charter, the City Manager shall administer
these departments, offices, or agencies in accordance with policies applicable to all other
departments, offices, and agencies, and in accordance with the powers of executives under the
City Charter and this Code. Notwithstanding the foregoing, the City Manager shall provide staff
support services for the Mayor and City Council under Section 401 of the City Charter and in
accordance with the City’s adopted budget with due respect for the work-related needs of the
Mayor and City Council.”
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Ordinance No. MC-1534
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Certification. City Clerk of the City of San Bernardino shall certify the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 7. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this [***INSERT***] day of [***INSERT***], 2020.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Ordinance No. [***INSERT***], introduced by the City Council of the City of San
Bernardino, California, at a regular meeting held the [***INSERT***] day of [***INSERT***],
2020. Ordinance No. [***INSERT***] was approved, passed and adopted at a regular meeting
held the [***INSERT***] day of [***INSERT***], 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this [***INSERT***] day of
[***INSERT***] 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
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Staff Report
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Approval of Request for Legal Representation
Recommendation
Review and consider request for legal representation for Mayor John Valdivia pursuant
to Government Code Section 995 and select attorney for requested representation.
Background
The City has now received three tort claims containing allegations against Mayo r
Valdivia and the City. The City has engaged the law firm of Leibert Cassidy Whitmore
to advise the City on the claims, including advising the City on a related and pending
investigation. Mayor Valdivia has requested legal representation to assist in defending
himself against the claims.
Discussion
The Mayor’s Office is established by the voters of the City of San Bernardino through its
City Charter. The Charter provides that the Mayor shall be a full-time position with the
City. As a current elected official the Mayor is entitled to a legal defense funded by the
City.
Public Entity’s Duty to Defend and Indemnify its Employees
Generally, public entities must provide for the defense of civil claims and actions
brought against a current or former elected official and employee for an act or omission
of the employee within the scope of his employment. (Gov. Code, § 995.) The primary
purpose of the indemnification statute is to avoid “dampen[ing] the ardor” of employees
who might otherwise be inhibited by the possibility of having to personally finance and
pay large judgments in torts suits arising for the performance of their duties. (Rivas v.
City of Kerman (1992) 10 CA4th 1110.) A public entity may refuse to defend its officer
or employee under the following circumstances: (1) the act or omission was not within
the course and scope of employment; (2) the employee acted with (a) actual fraud, (b)
actual corruption, or (c) actual malice; or (3) the defense of the action would not create
a specific conflict of interest between the entity and the employee. (Gov. Code, §§ 995
and 995.2.) (See also Stewart v. City of Pismo Beach (1995) 35 Cal.App.4th 1600.)
A public entity’s duty to defend is not unconditional. If there is an issue whether an
employee was acting outside the scope of employment, it is in the best interest of the
public entity to provide for the defense of the employee, but it may do so under a
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reservation of rights. If a public entity provides a defense for its employee, or former
employee, without reserving its rights against him or her, and the employee reasonably
cooperates in good faith in the defense of the action, the entity has an absolute duty to
pay the judgment or any compromise or settlement to which it agreed. (Gov. Code §
825(a).) The entity may have to pay even if the judgment established that the employee
was not acting within the scope of his or her employment at the time of the tort.
The public entity may condition an agreement to conduct the defense for an employee
or former employee on the employee's consent to a reservation of the entity's right “not
to pay the judgment, compromise or settlement until it is established that the injury
arose out of an act or omission occurring within the scope of his employment [by] the
public entity.” (Gov. Code, § 825(a).) When so agreed, the entity's duty to pay arises
only when the requisite fact is established.
A public entity’s duty to defend does not automatically translate into the employee’s or
official’s right to retain his or her own counsel at the entity’s expense or to control his or
her own defense. According to Government Code section 996, the public employee's
defense may be provided in one of three ways: (1) Supplying the entity's own attorney
as counsel; (2) Employing other counsel; or (3) Purchasing insurance that requires the
insurer to provide the defense.
The City Council has the following options:
1. Authorize the Mayor to select an attorney and provide for a maximum hourly rate
or total representation at an initial maximum expenditure of $50,000; or
2. Select an attorney for the Mayor based on hourly rates similar to those currently
paid by the City and subject to City oversight, at an initial maximum expenditure
of $50,000.
The initial expenditure should be more than sufficient for representation related to the
initial phase of reviewing and responding to the claims. The City Manager may execute
a contract for less than $50,000. Any expenditure for more than $50,000 will require
City Council approval.
An initial review of potential attorneys are:
Patrick “Kit” Bobko Rates: $330-$250 per hour- municipal law transactional and litigation
experience and a former elected official
Michael Zweiback Rates: Blended rate of $400 per hour-public official and government
entity investigations and litigation
Gerald Sauer Rates: $495 per hour - complex employment litigation
Sonya Goodwin Rates: $450 per hour - labor law investigations and litigation
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2020-2025 Strategic Targets and Goals
This action aligns with Key Target No. 1d: Financial Stability - Minimize risk and
litigation exposure, as it ensures the City’s compliance with its duty to defend an
employee.
Fiscal Impact
Funding for either option 1 or 2 for can be absorbed in the FY 2019 -20 adopted budget
under the City Attorney’s budget and as such, no General Fund appropriation is
required. The legal representation provided will have a cap on fees and expenses of no
more than $50,000.
Conclusion
It is recommended that the City Council review and consider th e Mayor’s request for
legal representation and either authorize him to select an attorney with parameters or
make the selection for him.
Attachments
Attachment 1 Mayor Valdivia’s Request for Counsel
Attachment 2 Proposed Engagement Letter from Zweiback, FIset & Coleman LLP
to Mayor Valdivia
Ward: All
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March 11, 2020
Mayor John Valdivia
City of San Bernardino
290 North "D" Street -- 8th Floor
San Bernardino CA 92401
Re: Engagement Letter
Dear John:
We are pleased that you, John Valdivia (“you” or the “Client”), have chosen Zweiback,
Fiset & Coleman LLP (“us” or the “Firm”) as your legal counsel. The purpose of this letter is to
confirm the terms of our engagement.
This written agreement (“Agreement”) shall govern this engagement. This Agreement will
not take effect, and we will have no obligation to provide legal services, until you return a signed
copy of this Agreement.
1. Defining Scope of Engagement. We understand that the scope and nature of our
engagement are limited to representation in a city investigation of you related to allegations of
sexual harassment made by current and former city staff, and matters related thereto including any
resulting litigation. The scope of our engagement under this letter may be enlarged from time to
time as you ask us to perform additional services and we agree to perform such additional services.
No additional agreement will be required to document these periodic changes. We will provide
those legal services reasonably required to represent you in this engagement. You agree that you
will be truthful with us and cooperate with us in this matter and keep us informed of any
information that comes to your attention that is material to the engagement. You agree to pay your
fees under this Agreement on time and to keep us informed of your location and contact
information. You agree to assist us in providing necessary information and documents. All
discussions during our meetings are protected by the attorney-client privilege and thus,
confidential and protected.
2. Lawyers Working on Engagement. I will be the lawyer primarily responsible for
working on this matter. From time to time I may also involve other partners and associates under
my supervision.
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3. Fee Arrangement. Throughout the period of this engagement, we will send monthly
statements for our legal services rendered in the previous month to you. Payment is due upon
receipt. Each statement describing our services will be presented in a form acceptable to you and
us. Should you have a question about any statement or charges, please call me promptly.
For this matter, we have agreed to a blended rate of $400/hour for all attorneys. Our
engagement will commence once the engagement letter has been signed returned to me.
Client understands that the fees will be paid by a third party, and Client consents to such
an arrangement. Even though your fees will be paid by a third party, Client alone has an attorney-
client relationship with the Firm regarding this case. The Firm’s sole duty of loyalty in the matters
is to the Client. Privileged information cannot and will not be disseminated to any third party
unless directed by you.
We understand a third party will direct our handling of the fees in this matter. You have
authorized us to prepare a single bill for them each month for our services, including redactions of
any attorney/client privileged information. Accordingly, all billing statements in connection with
this agreement shall be directed to the following:
if to the Firm,
Michael Zweiback, Esq.
Zweiback, Fiset & Coleman LLP
523 W 6th Street, Suite 450
Los Angeles, CA 90014
if to you,
Mayor John Valdivia
City of San Bernardino
290 North "D" Street -- 8th Floor
San Bernardino CA 92401
4. Costs and Expenses. In addition to legal fees, the statements will include charges
for related expenses and services such as: computerized research; travel; document production and
binding; court costs; delivery services; filing fees; and secretarial overtime to the extent required
by the particular assignment.
5. Mutual Right to Terminate. As in any professional relationship where mutual trust
and confidence are essential, it is appropriate for either you or Zweiback, Fiset & Coleman LLP
to be able to terminate our engagement at any time by reasonable written notice. If our engagement
is terminated, you agree to take whatever steps are reasonably necessary to indicate that we are
free from any obligation to perform further and to pay us for unpaid fees for legal services rendered
and for related expenses and services incurred to the date of termination.
6. File Retention. Except for those files that, at the option of either the Client or us,
we return earlier, it is our current policy to retain files relating to an engagement for seven (7)
years following the conclusion of the engagement. At our discretion, we may retain the files in
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either hard copy of electronic format. If you object to our retaining them only in electronic format,
we should be advised before the termination of the engagement. During the time that we retain
the files following the completion of our engagement, you may request that we assemble and return
to you those files to which you are entitled, with the costs and fees of that task to be paid by you.
We retain the right to retain copies of all files, and you agree to pay the costs for making these
copies. If, at the end of seven (7) years you have not requested the return of those files, you are
giving us permission to destroy those files without further notice to you.
7. Arbitration of Fee Disputes Provision. In the event a disagreement over our billings
for fees or costs arises that cannot be resolved by candid discussion between us, you have the right
to timely request non-binding arbitration of the disagreement pursuant to the Mandatory Fee
Arbitration Act (Cal Bus. & Prof. Code Section 6200, et seq.), which is administered through the
Los Angeles County Bar Association.
8. Client Acceptance of Terms of Engagement. Your signature below will confirm
that this Agreement correctly reflects the terms of our engagement. Please sign and date this
Agreement where indicated below and return to me a signed copy.
We look forward to a long and mutually beneficial relationship. Should you have any
questions please do not hesitate to contact me.
Best regards,
Michael Zweiback
AGREED AND ACCEPTED
_______________________________ Dated: _______________
John Valdivia
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Public Hearing
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Draft FY 2020-2025 Consolidated Plan, Analysis of
Impediments and Action Plan Associated with CDBG
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 2020-2025 Consolidated
Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020 -
2021 Annual Action Plan associated with the Community Development Block
Grant, HOME Investment Partnerships and Emergency Solutions Grant
Programs; and
2. Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of
Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action
Plan as an application for funding under Community Development Block
Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and
3. Authorize the City Manager or designee to take any further actions and
execute any further documents as are necessary to effectuate the submittal of
the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year
2020-21 Annual Action Plan and necessary certifications to the United States
Department of Housing and Urban Development; and
4. Direct the Finance Director to amend the budget for Emergency Solutions
Grant (ESG) unspent dollars.
Background
By May 15, 2020, the City of San Bernardino (City) must submit to the United States
Department of Housing and Urban Development (HUD) a Five-Year Consolidated Plan
(Con Plan) for Fiscal Year FY 2020-2025. The Con Plan includes an Analysis of
Impediments to Fair Housing document (AI) and the first-year Annual Action Plan (AAP)
for FY 2020-2021. The AAP describes how the City intends to invest federal funds
toward meeting the City’s community development, affordable housing and homeless
prevention needs.
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The implementation of the Con Plan is carried out over a five year period through
annual action plans that provide a concise summary of the actions, activities, and the
specific federal and non-federal resources that will be used to address priority needs
and specific goals identified in the Con Plan. In order to continue to receive the grant
allocation under CDBG, HOME and ESG, the City is required to submit an AAP to HUD,
which serves as the City’s grant application for the grant programs.
On March 18, 2020, staff presented to the Mayor and City Council a draft of the Five -
Year Con Plan, AI, and AAP for their review. There were no comments received from
the public or from the Mayor and City Council.
Discussion
The Con Plan is a policy document designed to help th e City assess its affordable
housing needs, community development needs and market conditions. Additionally, the
Con Plan is designed to assist the City make data -driven, place-based investment
decisions. The draft Con Plan covers the period of FY 2020 -2021 through FY 2024-
2025. The consolidated planning process serves as the framework for a community -
wide dialogue to identify housing and community development priorities that align and
focus funding from the three formula block grant programs for which t he City receives
funding.
CDBG: The primary objective of the CDBG program is to develop viable urban
communities by providing decent housing, a suitable living environment, and expanded
economic opportunities principally for persons of low and moderate income.
Jurisdictions receiving CDBG funds must use the funds to meet one of the three
national objectives:
1. To benefit low and moderate-income persons;
2. To aid in the prevention or elimination of slums and blight; or
3. To meet community development needs having a particular urgency.
The objectives of the HOME program are:
1. To strengthen the ability of state and local governments to design and implement
strategies for achieving adequate supplies of decent, affordable housing;
2. To provide assistance to participating jurisdictions for development of affordable
housing; and
3. To strengthen partnerships among all levels of government and the private
sector.
The objectives of the ESG program are:
1. To engage individuals and families living on the streets;
2. To improve homeless shelters and operation of shelters; and
3. Rapidly re-house homeless persons and prevent homelessness.
An Analysis of Impediments to Fair Housing is an assessment of laws, ordinances,
statutes, and administrative policies of a state or a unit of local government, as well as
local conditions that affect the location, availability, an accessibility of housing by
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examining barriers and impediments to fair housing choice. The development of an AI
is part of the consolidated planning process required for all entitlement communities.
In Fiscal Year (FY) 2020-2021 the City’s allocation was increased by 3.5% for the three
formula grants, as noted in Table 1 below:
Table 1
PROGRAM 2020-21 2019-20 % Increase
CDBG $3,405,816 $3,366,410 1%
HOME $1,404,784 $1,279,762 9.77%
ESG $295,799 $286,534 3%
Total $5,106,399 $4,932,706 3.5%
The City of San Bernardino’s draft FY 2020-2021 AAP recommends projects that best
meet identified community needs eligible under CDBG, HOME and ESG, as noted in
Table 2 below.
Of the projects listed in the activity recommendations, the Section 108 repayment is an
ongoing CDBG obligation for the 17.43 acre commercial property located along
Highland Avenue between Arden Street and Guthrie Street. The Ci ty is moving forward
with the sale of the property to a developer who will build a multi -tenant commercial
shopping center.
The Micro-Enterprise Program is designed to foster the development, support, and
expansion of small businesses. A micro-enterprise business is defined by HUD as a
commercial enterprise that has five or fewer employees, one or more of whom owns the
enterprise. The program will partner with the Small Business Administration to provide
Spanish language training for persons interested in launching a small business or
expanding an existing small business.
The City funds Inland Fair Housing Mediation Board (IFHMB) to provide Fair Housing
and Landlord/Tenant mediation services. In FY 2018 -2019, IFHMB provided fair
housing services to 394 persons and landlord/tenant mediation services to 2,363
persons for a total of 2,757 persons served. For current FY 2019 -2020, and as of
January 2020, 195 persons received services for fair housing and 1,073 persons
received landlord/tenant mediation services.
The public facility projects recommended consist of replacement of playground
equipment in three parks: Meadowbrook Park, Nicholson Park and Anne Shirrell Park.
Nicholson Park will not only have the playground equipment replaced, but the exist ing
baseball field will be converted into an ADA compliant Miracle League park. Since the
natural grass used in conventional fields is the primary barrier, Miracle League Teams
play on custom-designed, rubberized turf fields that accommodate wheel chairs and
other assertive devices. The Encanto Community Center - Phase 1, will consist of a
roof replacement and ADA compliant work. The Citywide Concrete Repair project will
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replace sidewalks and provide ADA accessibility for Fifth Street Senior Center, Perri s
Hill Senior Center, community centers at Ruben Campos, Lytle Creek, Rudy Hernandez
and Delmann Heights.
2020-2025 Key Strategic Targets and Goals
The funding recommendations will meet Key Target No. 2: Focused, Aligned
Leadership and Unified Community by developing and implementing a community
engagement plan and building a culture that attracts, retains, and motivates the highest
quality talent; Key Target No. 3: Improved Quality of Life by reducing the burden of
homelessness through engagement, collaboration, and alignment with other entities.
Fiscal Impact
Approval of the draft FY 2020-2025 ConPlan, Analysis of Impediments to Fair Housing
(AI) and draft FY 2020-2021 AAP will not have an impact on the General Fund since the
entire program activities are funded with federal grant funds.
Conclusion
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 2020 -2025 Consolidated
Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020-
2021 Annual Action Plan associated with the Community Development Block
Grant, HOME Investment Partnerships and Emergency Solutions Grant
Programs; and
2. Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of
Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action
Plan as an application for funding under Community Development Block
Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and
3. Authorize the City Manager or designee to take any further actions and
execute any further documents as are necessary to effectuate the submittal of
the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year
2020-21 Annual Action Plan and necessary certifications to the United States
Department of Housing and Urban Development; and
4. Direct the Finance Director to amend the budget for Emergency Solutions
Grant (ESG) unspent dollars.
Attachments
Attachment 1 Draft FY 2020-2025 Consolidated Plan
Attachment 2 Draft FY 2020-2021 Action Plan
Attachment 3 2020-2025 Analysis of Impediments
Attachment 4 Fiscal Year 2020-2021 Draft Funding Activity Recommendations
Ward: Citywide
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Synopsis of Previous Council Actions:
March18, 2020 First public hearing held for review of the Draft Consolidated Plan,
Analysis of Impediments to Fair Housing and the Annual Action
Plan. The City Council reviewed the document and had no
changes.
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City of San Bernardino
Draft 2020 - 2025 Consolidated Plan │ i
TABLE OF CONTENTS
Executive Summary ................................................................................................................. 4
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ..................................................... 4
The Process ............................................................................................................................. 9
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) ........................................................ 9
PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and 91.315(I) ............10
PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c) .................................20
Needs Assessment .................................................................................................................26
NA-05 Overview ....................................................................................................................26
NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) .................................................31
NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) .........................39
NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2) .............43
NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) ...................47
NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) ......................................48
NA-35 Public Housing – 91.205(b) ........................................................................................50
NA-40 Homeless Needs Assessment – 91.205(c) .................................................................54
NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) ..........................................57
NA-50 Non-Housing Community Development Needs – 91.215 (f) ........................................60
MA-05 Overview ....................................................................................................................62
MA-10 Number of Housing Units – 91.210(a)&(b)(2) .............................................................63
MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) ..............................................66
MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) ......................................70
MA-25 Public and Assisted Housing – 91.210(b) ...................................................................73
MA-30 Homeless Facilities and Services – 91.210(c) ............................................................76
MA-35 Special Needs Facilities and Services – 91.210(d) .....................................................79
MA-40 Barriers to Affordable Housing – 91.210(e) ................................................................82
MA-45 Non-Housing Community Development Assets – 91.215 (f) .......................................84
MA-50 Needs and Market Analysis Discussion ......................................................................89
MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income
Households - 91.210(a)(4), 91.310(a)(2) ...................................................................91
MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) ...........................................................92
Strategic Plan ..........................................................................................................................93
SP-05 Overview ....................................................................................................................93
SP-10 Geographic Priorities – 91.215 (a)(1) ..........................................................................94
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SP-25 Priority Needs - 91.215(a)(2) ......................................................................................95
SP-30 Influence of Market Conditions – 91.215 (b).............................................................. 100
SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) ............................................... 101
SP-40 Institutional Delivery Structure – 91.215(k) ............................................................... 104
SP-45 Goals Summary – 91.215(a)(4)................................................................................. 107
SP-50 Public Housing Accessibility and Involvement – 91.215(c) ........................................ 109
SP-55 Barriers to affordable housing – 91.215(h) ................................................................ 110
SP-60 Homelessness Strategy – 91.215(d) ......................................................................... 111
SP-65 Lead based paint Hazards – 91.215(i) ...................................................................... 112
SP-70 Anti-Poverty Strategy – 91.215(j) .............................................................................. 113
SP-80 Monitoring – 91.230 .................................................................................................. 114
List of Tables
Table 1 – Responsible Agencies ................................................................................................ 9
Table 2 – Agencies, groups, organizations who participated .....................................................17
Table 3 – Other local / regional / federal planning efforts ..........................................................17
Table 4 – Citizen Participation Outreach ...................................................................................25
Table 5 – Housing Needs Assessment Demographics ..............................................................31
Table 6 – Total Households ......................................................................................................31
Table 7 – Housing Probles 1 .....................................................................................................32
Table 8 – Housing Problems 2 ..................................................................................................33
Table 9 – Cost Burden > 30% ...................................................................................................33
Table 10 – Cost Burden > 50% .................................................................................................34
Table 11 – Crowding Information – 1/2 .....................................................................................34
Table 12 – Crowding Information – 2/2 .....................................................................................34
Table 13 – Disproportionally Greater Need 0 - 30% AMI ...........................................................39
Table 14 – Disproportionally Greater Need 30 - 50% AMI .........................................................40
Table 15 – Disproportionally Greater Need 50 - 80% AMI .........................................................40
Table 16 – Disproportionally Greater Need 80 - 100% AMI .......................................................41
Table 17 – Severe Housing Problems 0 - 30% AMI ..................................................................43
Table 18 – Severe Housing Problems 30 - 50% AMI ................................................................44
Table 19 – Severe Housing Problems 50 - 80% AMI ................................................................44
Table 20 – Severe Housing Problems 80 - 100% AMI ...............................................................45
Table 21 – Greater Need: Housing Cost Burdens AMI ..............................................................47
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Table 22 – Public Housing by Program Type ............................................................................50
Table 23 – Characteristics of Public Housing Residents by Program Type ...............................51
Table 24 – Race of Public Housing Residents by Program Type ..............................................52
Table 25 – Ethnicity of Public Housing Residents by Program Type .........................................52
Table 26 – Household Size .......................................................................................................57
Table 27 – Female-headed Households ...................................................................................58
Table 28 – Residential Properties by Unit Number ....................................................................63
Table 29 – Unit Size by Tenure .................................................................................................64
Table 30 – Cost of Housing .......................................................................................................66
Table 31 – Rent Paid ................................................................................................................66
Table 32 – Housing Affordability ...............................................................................................67
Table 33 – Monthly Rent ...........................................................................................................67
Table 34 – Condition of Units ....................................................................................................70
Table 35 – Year Unit Built .........................................................................................................71
Table 36 – Risk of Lead-Based Paint ........................................................................................71
Table 37 – Vacant Units ............................................................................................................71
Table 38 – Total Number of Units by Program Type .................................................................73
Table 39 – Public Housing Condition ........................................................................................75
Table 40 – Facilities and Housing Targeted to Homeless Households ......................................76
Table 41 – Business Activity .....................................................................................................84
Table 42 – Labor Force .............................................................................................................85
Table 43 – Occupations by Sector ............................................................................................85
Table 44 – Travel Time .............................................................................................................85
Table 45 – Educational Attainment by Employment Status .......................................................85
Table 46 – Educational Attainment by Age ................................................................................86
Table 47 – Median Earnings in the Past 12 Months ..................................................................86
Table 48 – Priority Needs Summary ..........................................................................................98
Table 49 – Influence of Market Conditions .............................................................................. 100
Table 50 – Anticipated Resources........................................................................................... 101
Table 51 – Institutional Delivery Structure ............................................................................... 104
Table 52 – Homeless Prevention Services Summary .............................................................. 105
Table 53 – Goals Summary ..................................................................................................... 107
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EXECUTIVE SUMMARY
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
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.1
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.
1 HUD. Home Investment Partnerships Program.
https://www.hud.gov/program_offices/comm_planning/affordablehousing/programs/home/
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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.2 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 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.
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.
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.
2 HUD. CPD Consolidated Plans, Annual Action Plans, and CAPERs.
https://www.hudexchange.info/programs/consolidated-plan/con-plans-aaps-capers/
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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 permanent supportive housing. In FY 2019-2020, the City anticipates serving 350 persons
experiencing homelessness.
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.
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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.
Summary of public comments
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.
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Community members provided feedback via the community needs survey. The highest areas of
need included:
Infrastructure
Homeless services
Economic development (jobs/businesses)
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.
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.
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THE PROCESS
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
Describe agency/entity responsible for preparing the Consolidated Plan and
those responsible for administration of each grant program and funding source
The City of San Bernardino’s Housing Division is the agency responsible for preparing the
Consolidated Plan and administering the City’s CDBG, HOME, and ESG grants, as shown in
Table 1.
Agency Role Name Department/Agency
Lead Agency San Bernardino
CDBG Administrator San Bernardino Community and Economic Development Department
HOME Administrator San Bernardino Community and Economic Development Department
ESG Administrator San Bernardino Community and Economic Development Department
Table 1 – Responsible Agencies
Narrative
Lead and Responsible Agency
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
3rd Floor
San Bernardino, CA 92401
Tel: (909) 384-7270
Email: noble_gr@sbcity.org
Website: www.ci.san-bernardino.ca.us
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PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and
91.315(I)
Introduction
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 hired Michael Baker International to assist in community
engagement efforts. 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
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 – 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 CoC’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
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
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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
County’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 City’s ConPlan is aligned
with the SBCHP’s 10-year Strategy to end chronic homelessness.
According to the City’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.
Describe Agencies, groups, organizations and others who participated in the
process and describe the jurisdictions consultations with housing, social service
agencies and other entities
Participating Agencies, Groups and Organizations
1 Agency/Group/Organization Dignity Health
Agency/Group/Organization Type Services – Health
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically
Homeless, Families with Children,
Veterans, Unaccompanied Youth
Market Assessment
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 City’s
community needs.
2 Agency/Group/Organization National CORE
Agency/Group/Organization Type Services – Children
What section of the Plan was addressed by Consultation? Non-Housing Community Development
Strategy
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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 City’s
community needs.
3 Agency/Group/Organization Neighborhood Partnership Services
(NPHS)
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically
Homeless, Families with Children,
Veterans, Unaccompanied Youth
Homeless Strategy
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 City’s
community needs.
4 Agency/Group/Organization OmniTrans
Agency/Group/Organization Type Other (Transit Agency)
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
5 Agency/Group/Organization San Bernardino County Homeless
Partnership
Agency/Group/Organization Type Publicly Funded Institution/System of
Care
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically
Homeless, Families with Children,
Veterans, Unaccompanied Youth
Homeless Strategy
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
6 Agency/Group/Organization San Bernardino County Department of
Behavioral Health
Agency/Group/Organization Type Health Agency
Services – Health
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically
Homeless, Families with Children,
Veterans, Unaccompanied Youth
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
7 Agency/Group/Organization Project Fighting Chance
Agency/Group/Organization Type Services – Children
What section of the Plan was addressed by Consultation? Non-Housing Community Development
Strategy
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
8 Agency/Group/Organization Inland Fair Housing and Mediation
Board
Agency/Group/Organization Type Service – Fair Housing
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What section of the Plan was addressed by Consultation? Housing Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
9 Agency/Group/Organization Salvation Army – Hospitality House
Agency/Group/Organization Type Services – Homeless
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically
Homeless, Families with Children,
Veterans, Unaccompanied Youth
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
10 Agency/Group/Organization Center for Employment Opportunities
Agency/Group/Organization Type Services – Employment
What section of the Plan was addressed by Consultation? Non-Housing Community Development
Strategy
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
11 Agency/Group/Organization Inland Valley Recovery Services
Agency/Group/Organization Type Services – Health
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically
Homeless, Families with Children,
Veterans, Unaccompanied Youth
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
12 Agency/Group/Organization Dr. Tom Pierce, CSU San Bernardino
Agency/Group/Organization Type Civic Leader
What section of the Plan was addressed by Consultation? Market Analysis
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
13
Agency/Group/Organization Inland Congregation United for
Change
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
14
Agency/Group/Organization Community Action Partnership of San
Bernardino County
Agency/Group/Organization Type Services – Children
Services – Homeless
Services – Health
Services – Employment
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
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15
Agency/Group/Organization Habitat for Humanity San Bernardino
Area
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
16
Agency/Group/Organization City Council of San Bernardino
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
17
Agency/Group/Organization Wells Fargo
Agency/Group/Organization Type Business Leaders
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
18
Agency/Group/Organization Community Education Partnership
Agency/Group/Organization Type Services – Education
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
19
Agency/Group/Organization Housing Authority of the County of
San Bernardino (HACSB)
Agency/Group/Organization Type PHA
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
20
Agency/Group/Organization Catholic Charities
Agency/Group/Organization Type Services – Elderly Persons
Services – Homeless
Services - Health
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
21
Agency/Group/Organization Community & Economic Development,
City of San Bernardino
Agency/Group/Organization Type Other Government - Local
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
22 Agency/Group/Organization Hope Through Housing Foundation
Agency/Group/Organization Type Housing
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What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
23
Agency/Group/Organization Local Initiatives Support Corporation
(LA LISC)
Agency/Group/Organization Type Services – Employment
Services – Health
Housing
Services - Education
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
24
Agency/Group/Organization Step Up on Second Street
Agency/Group/Organization Type Services – Homeless
Services - Employment
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
25
Agency/Group/Organization Mary’s Mercy Center
Agency/Group/Organization Type Services – Homeless
Services – Health
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
26
Agency/Group/Organization Alvord Unified School District
Agency/Group/Organization Type Services – Education
Other Government – State
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
27
Agency/Group/Organization Blair Park Neighborhood Association
Agency/Group/Organization Type Other Government - Local
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
28
Agency/Group/Organization El Sol Neighborhood Educational
Center
Agency/Group/Organization Type Services – Education
Services – Health
Services - Children
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
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29
Agency/Group/Organization Mayor’s Chief of Staff, City of San
Bernardino
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
30
Agency/Group/Organization National Anger Management
Association
Agency/Group/Organization Type Services - Health
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
31
Agency/Group/Organization Neighborhood Housing Services of
the Inland Empire
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
32
Agency/Group/Organization Redevelopment Agency of the County
of San Bernardino
Agency/Group/Organization Type Housing
Other Government – County
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
33
Agency/Group/Organization San Bernardino Neighborhood
Association
Agency/Group/Organization Type Other Government – Local
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
34
Agency/Group/Organization Terrace West Housing
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
35
Agency/Group/Organization UNITED Youth Violence Prevention
Agency/Group/Organization Type Services – Children
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
36 Agenc y/Group/Organization Valon Consulting
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Table 2 – Agencies, groups, organizations who participated
Identify any Agency Types not consulted and provide rationale for not consulting
No agency types were excluded from engagement.
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.
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
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
37
Agency/Group/Organization Wildwood Park Neighborhood
Association
Agency/Group/Organization Type Other Government – Local
What section of the Plan was addressed by Consultation? Needs Assessment
How was the Agency/Group/ Organization consulted and
what are the anticipated outcomes of the consultation or
areas for improved coordination?
Representative(s) contributed narrative
and data to answer questions relevant to
the Consolidated Plan.
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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 Table 2. Other
local/regional/federal planning efforts can be found in Table 3.
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 participate in the community survey, community meetings, and stakeholder interviews.
Agencies who were invited but did not participate are listed below. The City will continue to
include them in future planning efforts.
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
Mosaic Community Planning, LLC
New Generation for Jesus Christ
Option House
Project Life Impact
Provisional Educational Services
Restoration House of Refuge, 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
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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.
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PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c)
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.
The City organized various methods for participation and public comment throughout the
development of the ConPlan. The following is a summary of the efforts made t o broaden citizen
participation through the ConPlan process. Citizen Participation Outreach, Table 4, provides
additional detail on the types of outreach conducted and, where applicable, a summary of the
comments received.
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 end of the document under Appendix Community Engagement Summary.
Pop-Up Events
Pop-up events are temporary events held in public areas. Pop-up events are useful to help
provide the public with general information and awareness of the ConPlan process and engage
community members with the community survey. Short dialogue and feedback were also
obtained from the public.
Three pop-up/tabling events were held throughout the City: a football game at San Bernardino
High School on November 1, 2019, the San Bernardino Airshow on November 2, 2019, and the
City of San Bernardino Winter Wonderland on December 14, 2019. Flyers announcing
community engagement meeting dates and locations were distributed. Surveys were distributed
at the pop-up events and a total of 314 residents responded to the survey from these pop-up
events. See Appendix Community Engagement Summary for surveys and pop-up locations.
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Public Meetings
Six public meetings were held in the City of San Bernardino. 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. Appendix Community Engagement Summary includes a flyer of the public
meetings listed.
A total of 65 people attended these forums. 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:
Akoma Unity Center, 1367 N. California Street, San Bernardino, Saturday, January 18,
2020, 9:30 AM-11:30 AM, 15 people in attendance
Rezek Center – St. Bernardine Medical Center, 2101 N. Waterman Ave., San
Bernardino, Tuesday, January 21, 2020, 11 AM–1 PM, 15 people in attendance
Maplewood Homes, 906 Wilson St., San Bernardino, Wednesday, January 22, 2020, 4
PM–5 PM, 20 people in attendance
Olive Meadows, 610 East Olive Street, San Bernardino, Thursday, January 23, 4 PM–5
PM, 2 residents in attendance
Valencia Vista, 950 N. Valencia Ave., San Bernardino, Thursday, January 23, 2020, 5
PM–6:30 PM, 0 people in attendance
San Bernardino Valley College, 701 S. Mt. Vernon Ave., San Bernardino, Friday,
January 24, 2020, 9 AM – 10:30 PM, 9 people in attendance
Stakeholder Consultations
A combination of in-person meetings, one-on-one phone conversations, and emails were held
as consultations with various service providers to obtain feedback. The feedback was especially
helpful in identifying gaps in services, trends in the local community, and needs relating to
specific services and populations. The agencies that provided feedback are listed in Table 2. A
sample list of questions that were asked during the stakeholder interviews can be found in
Appendix 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.
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Housing Summit
A housing summit was held on February 6, 2020, from 8:00 AM to 12:00 PM. The summit
gathered community leaders, agency representatives, service providers, planning professionals,
developers, business owners, and others to learn the current state of housing, jobs, and
development opportunities. The summit also identified public safety concerns, the need for
diverse housing options (both emergency and long term), ways to develop new and improve
existing housing stock, how to expand opportunities to advance workforce and build community
wealth, and community health including physical, mental, and emotional well-being. The summit
was also held to help build partnerships to address the City's most immediate needs and learn
new ideas for long-range planning.
Citizen Participation Process Impact on Goal Setting
Feedback from the citizen participation process is essential to setting goals and strategic
planning as it relates to the ConPlan. For example, comments from stakeholders provided
feedback for the Needs Assessment and Market Analysis in the ConPlan, especially concerning
special needs populations, non-housing community development, and barriers to affordable
housing. The results from the survey and comments from the public also helped identify areas
of concern for housing, public services, and community development needs as related to local
data. The feedback was especially useful in assessing the priority needs and goal setting for the
Strategic Plan section of the Consolidated Plan. Additionally, input obtained from community
engagement offered more insight into priority needs and areas needing the most neighborhood
revitalization.
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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
applica
ble)
1 Public
Meetings
Non-targeted/broad
community
A total of 65
individuals
attended the six
public meetings
or forums.
The priority
needs
discussed at
the meetings
were:
Housing:
Housing
programs for
people with
disabilities and
mental health
services
Affordable
housing
N/A N/A
Homeless:
Veteran’s
homeless
assistance
Outreach to
people on the
streets
Services:
Jobs – Need to
bring more
businesses to
San Bernardino
At-risk youth
Public
Facilities:
Facilities for At-
risk youth
Programs for
low-income
communities,
e.g., Olive
Meadows and
Valencia
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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
applica
ble)
Public
Improvements:
Downtown
Rehabilitation –
Look at what is
working in
other areas and
implement it in
downtown.
Bring more
social and
community
events.
Need for
pedestrian and
traffic calming
amenities on
9th Street and
Olive Street
and Valencia
Ave
2 Housing
Summit
Providers of services
to community
citizens
41 attendees
from 31
organizations
participated
Stakeholders
provided input
into the needs
of residents in
the City
N/A N/A
3 Stakeholder
Interviews
Providers of services
to community
citizens
15 stakeholders
participated
Stakeholders
provided input
into the needs
of residents in
the City
N/A N/A
4 Community
Needs Survey
Non-targeted/broad
community
1,011 responses
to the survey
Survey results
provided input
regarding
needs for
public services,
facilities,
infrastructure,
and housing
needs.
N/A N/A
5 Pop-up
Events
Non-targeted/broad
community
314 responses to
the survey
Survey results
provided input
regarding
needs for
public services,
facilities,
infrastructure,
and housing
needs.
N/A N/A
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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
applica
ble)
6 Newspaper
ad and email
to advertise
public
meetings
Non-targeted/broad
community Providers
of services to
community citizens
Representatives
from community
service
organizations
attended public
meetings.
No comments
were received.
N/A N/A
7 Public
Hearings
Non-targeted/broad
community
[To be filled in
once completed]
[To be filled in
once
completed]
N/A N/A
8 30-Day Public
Review
Period
Non-targeted/broad
community
[To be filled in
once completed]
[To be filled in
once
completed]
N/A N/A
Table 4 – Citizen Participation Outreach
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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.
Salient findings are summarized below, followed by definitions of commonly used terms.
NA-10 Housing Needs Assessment
As seen in Table 5, 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).
Low-income households experience housing problems (substandard housing,
overcrowded and severely overcrowded housing, cost burden, and severe cost burden)
at a greater rate than other income categories. To illustrate, 90 percent of low-income
households experience housing problems (Table 7).
Low-moderate income (LMI) renter households experience housing problems at a higher
rate (60 percent) than LMI owner households (44 percent).
Housing cost burden is the most common housing problem in the City. The majority of
low-income households (72.6 percent) are affected by housing cost burden, which
represents almost 20 percent of all San Bernardino households (Table 7).
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. (Table 6).
NA-15 Disproportionately Greater Need: Housing Problems
Building on the identified housing problems in the City, this assessment examines
whether housing problems are concentrated among minority groups. 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. A key takeaway from this section includes
that American Indian/Alaska Native households experience housing problems at a
disproportionate rate across all income brackets (Tables 13, 14, 15 and 16).
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NA-20 Disproportionately Greater Need: Severe Housing Problems
This section identifies minority racial and ethnic groups of different income categories that
experience disproportionate need specifically for severe housing problems: severe
overcrowding and severe cost burden. 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.
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 (Table 19).
NA-25 Disproportionately Greater Need: Housing Cost Burden
Housing cost burden is the most common housing problem experienced by households in the
City. This section evaluates the minority racial and ethnic groups that exhibit disproportionate
need compared to the jurisdiction as a whole. A household is considered to experience housing
cost burden when at least 30 percent of the monthly income is required to cover housing costs.
As a whole, 23 percent of households in the City are cost burdened and 26 percent are
severely cost burdened (Table 21).
While no households experience disproportionate need, Black/African American
households have the highest rates of severe cost burden at 33 percent (Table 21).
NA-30 Disproportionately Greater Need: Discussion
San Bernardino’s 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 (NA-15).
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.
NA-35 Public Housing
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 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
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bedrooms. In addition to public housing, there are approximately 3,000 affordable units, and
approximately 2,600 HCV holders live in the City.
This assessment examines the characteristics of public housing units in San Bernardino County
and identifies challenges facing voucher holders and public housing residents.
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 (Table 23).
5,277 voucher holders (37 percent) have requested some type of accessible feature,
indicating high demand for affordable housing and permanent housing that is equipped
to support special needs populations, such as persons with disabilities and elderly
persons.
NA-40 Homeless Needs Assessment
The extent and nature of homelessness in San Bernardino is discussed in the assessment,
including the chronically homeless, families with children, veterans, and unaccompanied youth.
The City’s understanding of the homeless population primarily relies on the annual San
Bernardino County Homeless Point-In-Time Count, which provides data specific to the City.
As of 2019, there are an estimated 890 persons experiencing homelessness in the City
of San Bernardino; 639 of these individuals are unsheltered homeless and 251 are
sheltered homeless.
Seventy-one percent of the City’s homeless population reported to have lived in San
Bernardino before becoming homeless.
NA-45 Non-Homeless Special Needs Assessment
This assessment identifies special needs populations that are more vulnerable to
homelessness, including elderly, frail elderly, persons with disabilities, single-parent
households, large family households, persons with HIV/AIDS and their families, public housing
residents, and victims of domestic and other similar types of violence.
Based on consultations with local San Bernardino agencies and service providers, the
City’s services and assistance programs, including those for new immigrants, persons
with mental illness and substance abuse, and persons fleeing domestic violence, are, as
in other jurisdictions in the area, inadequate to the rising number of persons burdened by
these issues.
NA-50 Non-Housing Community Development Needs
Lastly, the Needs Assessment will address the need for public facilities, public improvements,
public services, and other eligible Community Development Block Grant (CDBG) uses. This
information is compiled from the results of the community survey and consultation responses.
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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.
Priority projects identified by community meeting participants included facilities for at-risk
youth, pedestrian improvements, and traffic-calming measures.
Definitions:
The following are definitions of housing problems and family type that will be further analyzed in
the sections below.
Income:
Low- to Moderate-Income (LMI) – HUD classifies LMI individuals and households as
those whose incomes are at or below 80 percent of the area median family income
(AMI).
Extremely low-income – Households earning 0 percent to 30 percent of the AMI.
Very low-income – Households earning 31 percent to 50 percent of the AMI.
Low-income – Households earning 51 percent to 80 percent of the AMI.
HUD Area Median Family Income (HAMFI) – For the purposes of this Needs
Assessment, the terms ―area median income‖ (AMI) or ―median family income‖ (MFI)
used in CHAS data sources refers to HAMFI.
Housing Problem(s) or Condition(s):
Substandard Housing – Lacking complete plumbing or kitchen facilities. This includes
households without hot and cold piped water, a flush toilet and a bathtub or shower; or
kitchen facilities that lack a sink with piped water, a range or stove, or a refrigerator.
Overcrowded – Households having complete kitchens and bathrooms but housing more
than 1.01 to 1.5 persons per room, excluding bathrooms, porches, foyers, halls, or half -
rooms.
Severely Overcrowded – Households having complete kitchens and bathrooms but
housing more than 1.51 persons per room, excluding bathrooms, porches, foyers, halls,
or half-rooms.
Housing Cost Burden – This is represented by the fraction of a household’s total gross
income spent on 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.
A household is considered to be cost burdened if the household is spending
more than 30 percent of its monthly income on housing costs.
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A household is considered severely cost burdened if the household is spending
more than 50 percent of its monthly income on 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.
Family Type(s):
Small Related – The number of family households with two to four related members.
Large Related – The number of family households with five or more related members.
Elderly – A household whose head, spouse, or sole member is a person who is at least
62 years of age.
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NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c)
Summary of Housing Needs
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
Small Family Households 5,535 4,230 4,845 2,535 8,815 25,960
Large Family Households 2,765 2,225 2,574 1,404 3,150 12,118
Household contains at least one
person 62-74 years of age 1,735 1,815 1,974 1,199 3,765 10,488
Household contains at least one
person age 75 or older 1,085 975 895 509 1,350 4,814
Households with one or more
children 6 years old or younger 4,204 2,905 3,040 1,610 2,319 11,759
Total Households 13,335 9,795 10,630 6,275 17,550 57,585
Table 6 - Total Households
Data Source: 2011-2015 CHAS
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Housing Needs Summary Tables
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
60%
100
17%
120
20%
20
3% 595
40
45%
0
-
45
51%
4
5% 89
Severely
Overcrowded -
With >1.51
people per room
(and complete
kitchen and
plumbing)
1,060
56%
490
26%
145
8%
200
11% 1,895
90
17%
90
17%
245
43%
150
26% 575
Overcrowded -
With 1.01-1.5
people per room
(and none of the
above problems)
1,535
44%
905
23%
735
21%
335
10% 3,510
250
16%
375
24%
575
36%
380
24% 1,580
Housing cost
burden greater
than 50% of
income (and
none of the
above problems)
5,310
65%
2,510
31%
370
5%
25
0.3% 8,215
1,390
41%
1,110
33%
744
22%
170
5% 3,414
Housing cost
burden greater
than 30% of
income (and
none of the
above problems)
555
8%
1,860
33%
2,454
43%
815
14% 5,684
300
9%
785
23%
1,540
45%
804
23% 3,429
Zero/negative
Income (and
none of the
above problems) 920
100%
0
-
0
-
0
- 920
185
100%
0
-
0
-
0
- 185
Table 7 – Housing Problems 1
Data Source: 2011-2015 CHAS
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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
58%
4,005
28%
1,370
7%
580
4% 14,220
1,770
31%
1,575
28%
1,604
28%
710
13% 5,659
Having
none of
four
housing
problems
1,525
14%
2,525
24%
4,059
38%
2,480
23% 10,589
670
8%
1,685
20%
3,590
42%
2,505
30% 8,450
Household
has
negative
income,
but none
of the
other
housing
problems
920
100%
0
-
0
-
0
- 920
185
100%
0
-
0
-
0
- 185
Table 8 – Housing Problems 2
Data Source: 2011-2015 CHAS
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
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
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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
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
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
- - - - - - - -
Table 12 – Crowding Information – 2/2
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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, se xual 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.
Victims of Domestic Violence:
In 2017, the state of California saw 169,362 domestic-violence related calls.3 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.4 This averages more
3 https://openjustice.doj.ca.gov/data-stories/2018/domestic-violence-related-calls-assistance-reported-2009-2018
4 https://nnedv.org/wp-content/uploads/2019/10/NNEDV-2017-Census-Report-National-Summary-FINAL.pdf
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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.5 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 flee ing
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
(Table 7 – 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 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.
5 https://openjustice.doj.ca.gov/data-stories/2018/crime-reported-2009-2018
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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 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:
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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
As shown in Tables 8, 9, 10, and 11, 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 low‐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 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.
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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.
Tables 13, 14, 15, and 16 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%
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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%
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
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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.
Seventy-eight percent of Black/African American households experience at least one
housing problem.
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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).
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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%
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
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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%
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
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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
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.
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:
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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.
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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.
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.
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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 Map 1, five census tracts
have a Hispanic minority concentration.
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Map 1 – Areas of Minority Concentration
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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. Current ly, there
are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based
vouchers. Some households are duplicates.
The following tables describe the number of housing vouchers in use within the County and the demographics of those receiving
vouchers. Data on the number of vouchers in use within the City is unavailable.
Totals in Use
Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project -
based
Tenant -
based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
# of units vouchers in use 0 0 1,177 5,277 517 4,660 54 0 0
Table 22 - Public Housing by Program Type
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition
Data Source: PIC (PIH Information Center)
Characteristics of Residents
Program Type
Certificate Mod-Public Vouchers
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Rehab Housing Total Project -
based
Tenant -
based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Average Annual Income 0 0 13,755 14,084 14,172 13,978 14,467 0
Average length of stay 0 0 6 6 1 7 0 0
Average Household size 0 0 3 2 1 2 1 0
# Homeless at admission 0 0 0 30 1 22 7 0
# of Elderly Program Participants (>62) 0 0 239 1,122 357 754 3 0
# of Disabled Families 0 0 200 1,284 39 1,200 28 0
# of Families requesting accessibility
features 0 0 1,177 5,277 517 4,660 54 0
# of HIV/AIDS program participants 0 0 0 0 0 0 0 0
# of DV victims 0 0 0 0 0 0 0 0
Table 23 – Characteristics of Public Housing Residents by Program Type
Data Source: PIC (PIH Information Center)
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Race of Residents
Program Type
Race Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project -
based
Tenant -
based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
White 0 0 644 2,226 372 1,791 38 0 0
Black/African American 0 0 425 2,911 114 2,763 16 0 0
Asian 0 0 57 94 21 70 0 0 0
American Indian/Alaska
Native 0 0 3 27 5 22 0 0 0
Pacific Islander 0 0 29 12 3 9 0 0 0
Other 0 0 19 7 2 5 0 0 0
Table 24 – Race of Public Housing Residents by Program Type
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition
Data Source: PIC (PIH Information Center)
Ethnicity of Residents
Program Type
Ethnicity Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project -
based
Tenant -
based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Hispanic 0 0 504 1,326 167 1,132 14 0 0
Not Hispanic 0 0 670 3,951 350 3,528 40 0 0
Table 25 – Ethnicity of Public Housing Residents by Program Type
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition
Data Source: PIC (PIH Information Center)
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Section 504 Needs Assessment: Describe the needs of public housing tenants
and applicants on the waiting list for accessible units:
As shown in Table 23, 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, g iven 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.
Most immediate needs of residents of Public Housing and Housing Choice
voucher holders
The most immediate need is finding housing units and owners that will accept vouchers.
Additionally, stakeholder interviews identified that housing program waiting lists are too long.
Furthermore, stakeholders identified a need for assistance in the housing program application
process.
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.
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
Please see discussions above.
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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.
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) - - -
-See discussion below.
Persons in
Households with
Only Children - - -
Persons in
Households with
Only Adults - - -
Chronically
Homeless
Individuals 54 703 757
Chronically
Homeless Families 5 34 39
Veterans 32 175 207
Unaccompanied
Youth 5 - 5
Persons with HIV 6 41 47
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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 the number of people becoming and exiting
homelessness each year or for the number of days a person experiences homelessness.
However, data is available from the HMIS for the total number of individuals exiting and
reentering homelessness. 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.
Nature and Extent of Homelessness: (Optional)
Jurisdiction Unsheltered Sheltered Total ’18-’19
%
Change 2018 2019 2018 2019 2018 2019
County of San Bernardino 1,443 1,920 675 687 2,118 2,607 23%
City of San Bernardino 333 639 313 251 646 890 37%
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 in San Bernardino County.
The count identified four individuals with veteran status within the families surveyed. There were
28 homeless individuals with veteran status residing in the City of San Bernardino.
Describe the Nature and Extent of Homelessness by Racial and Ethnic Group.
The table below displays the race and ethnic composition of homeless individuals reported to be
receiving services within the City by HMIS. Over one-third of homeless individuals are Hispanic
(37.2 percent) or Black/African American (36.8 percent), 19.7 percent are White, and 3.6
percent are multi-racial.
Race/Ethnicity: Number Percent
White 291 19.7%
Black/African American 543 36.8%
Asian 16 1%
Native Hawaiian or Other Pacific Islander 4 0.2%
American Indian or Alaska Native 17 1.2%
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Multi-Racial 53 3.6%
Hispanic 548 37.2%
Data Source: San Bernardino County HMIS, 2020
Out of the 348 Point-In-Time survey respondents residing in the City, 165 (47.4 percent) were
White, 81 (23.3 percent) were Black/African American, 72 (20.7 percent) were multiple races or
other, and 13 (3.7 percent) were American Indian or Alaskan Native.
Describe the Nature and Extent of Unsheltered and Sheltered Homelessness.
There are approximately 639 unsheltered homeless individuals and 251 sheltered homeless
individuals living in the City. According to the Point-in-Time 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:
As discussed above, there are approximately 890 homeless individuals residing in the City;
however, as identified in MA-30, there are not enough emergency shelter, 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.
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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
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.6
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.
Large households
Large households may live in overcrowded conditions. Large households, defined as
households with five or more persons, comprise 24 percent of all households in the City. The
table below displays households in the City by persons per households.
Persons Per Household Number Percent
1 Person 11,511 19.7%
2 Persons 13,060 22.4%
3 Persons 9,742 16.7%
4 Persons 9,740 16.6%
5 or More Persons 14,332 24.5%
Total Households 58,385 100%
Table 26 – Household Size
Data Source: ACS 2014-2018 5-Year Estimates
6 ACS 2014-2018 5-Year Estimates
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Female-headed households
Female-headed households may have special needs related to accessing childcare and other
supportive services as well as an increased risk of poverty.7 As displayed in the table below,
female-headed households comprise 35 percent of households with children.
Number Percent
Female Head-of-Household 22,603 35.2%
Total Households (of households with children under 18 years) 64,054 100%
Table 27 – Female-headed Households
Data Source: ACS 2013-2017 5-Year Estimates (B09005)
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, 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).8
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:
7 Household Composition and Poverty among Female‐Headed Households with Children: Differences by Race and
Residence. https://doi.org/10.1526/003601106781262007
8 California HIV Surveillance Report 2017.
https://www.cdph.ca.gov/Programs/CID/DOA/CDPH%20Document%20Library/California%20HIV%20Surveillan
ce%20Report%20-%202017.pdf
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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.
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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:
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
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
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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?
See the description of community engagement above.
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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.
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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.9
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 28 – Residential Properties by Unit Number
Data Source: 2011-2015 ACS
9 City of San Bernardino, 2013-2021 Housing Element, January 2014.
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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 29 – 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.
HACSB does not anticipate losing affordable housing units due to expiration of contracts in the
next five years.
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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.
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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
$270,200.10 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).11 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.
Base Year: 2009 Most Recent Year: 2015 % Change
Median Home Value 270,200 159,800 (41%)
Median Contract Rent 780 813 4%
Table 30 – 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%
$2,000 or more 180 0.6%
Total 30,554 100.0%
Table 31 – Rent Paid
Data Source: 2011-2015 ACS
10 2005-2009 ACS
11 2000 US Census
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Housing Affordability
% Units affordable to
Households earning
Renter Owner
30% HAMFI 1,890 No Data
50% HAMFI 4,130 2,915
80% HAMFI 18,415 7,975
100% HAMFI No Data 11,994
Total 24,435 22,884
Table 32 – Housing Affordability
Data Source: 2011-2015 CHAS
Monthly Rent
Monthly Rent ($) Efficiency (no
bedroom)
1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom
Fair Market Rent 826 986 1232 1717 2132
High HOME Rent 800 859 1033 1184 1301
Low HOME Rent 628 673 808 933 1041
Table 33 – Monthly Rent
Data Source: HUD FMR and HOME Rents, 2019.
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.
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.
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Households
earning
Renter
Affordable Units
Owner
Affordable Units
Households Units
Needed
30% HAMFI 1,890 No Data 0-30% HAMFI - 13,335 11,445
50% HAMFI 4,130 2,915 >30-50% HAMFI - 9,795 2,750
80% HAMFI 18,415 7,975 >50-80% HAMFI - 10,630 (15,760)
100% HAMFI No Data 11,994 >80-100% HAMFI - 6,275 (5,719)
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)12 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.
12 https://www.zillow.com/san-bernardino-county-ca/home-values/
Median Home Purchase Price for State of California and City of San Bernardino, 2015 through
2019
2016 2017 2018 2019
State City State City State City State City
Jan $467,160 $234,460 $491,840 $245,440 $527,780 $277,000 $537,120 $290,000
Feb $444,780 $226,870 $480,270 $265,000 $522,440 $278,000 $534,140 $298,250
Mar $484,120 $237,350 $518,600 $260,000 $564,830 $280,000 $565,880 $309,950
Apr $509,240 $236,850 $537,950 $255,500 $584,460 $289,900 $602,920 $305,000
May $519,930 $245,080 $550,239 $272,500 $600,860 $285,000 $611,190 $315,000
Jun $518,980 $245,220 $555,410 $270,000 $602,770 $293,250 $610,720 $310,000
Jul $511,420 $248,000 $549,460 $266,250 $591,230 $292,000 $607,990 $312,000
Aug $527,490 $240,500 $565,330 $269,950 $596,410 $290,000 $617,410 $315,000
Sep $516,450 $251,750 $555,410 $279,000 $578,850 $300,000 $605,680 $315,000
Oct $513,520 $245,000 $546,430 $274,450 $572,000 $289,000
Nov $502,490 $250,000 $546,820 $280,000 $554,760 $299,450
Dec $510,560 $255,000 $546,550 $278,000 $557,600 $295,000
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Source: California Association of Realtors
Rental Housing Cost
2015 through 2018 2015 2016 2017 2018
Less than $500 7.60% 8.50% 8.20% 7.60%
$500 to $999 45.70% 45.20% 38.40% 35.70%
$1,000 to $1,499 35.00% 31.70% 35.60% 38.30%
$1,500 to $1,999 8.40% 12.20% 15.00% 16.30%
$2,000 to $2,499 3.00% 2.40% 2.00% 1.80%
$2,500 to $2,999 0.30% 0.00% 0.80% 0.40%
Median 976 971 1,038 1,068
No Rent Paid 924 788 1,001 509
Occupied units paying rent 30,703 31,350 29,844 30,969
Source: 2015, 2016, 2017, 2018 ACS 1-Year Estimates.
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.13 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.
13 U.S. Department of Housing and Urban Development, “Affordable Housing,” under “Community Planning and
Development,” https://www.hud.gov/program_offices/comm_planning/affordablehousing/ [accessed February
5, 2020].
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MA-20 Housing Market Analysis: Condition of Housing – 91.210(a)
Introduction
This section of the ConPlan discusses existing housing supply, age and condition of housing,
the number of vacant and abandoned units, and the risk posed by lead-based paint.
As discussed in MA-10, 61 percent of the housing stock in the City of San Bernardino is single-
family detached. Multiunit structures make up the second highest percentage at 19 percent of
housing stock. As is common in many cities in the nation, most residential development in the
City occurred between 1950 and 1979.
The following section describes the conditions of the housing stock in the City. HUD defines
housing ―conditions‖ similarly to the definition of housing problems discussed in the Needs
Assessment. These conditions are:
1. More than one person per room;
2. Cost burden greater than 30 percent;
3. Lack of complete plumbing; and
4. Lack of complete kitchen facilities.
Definitions
In the City of San Bernardino, substandard housing conditions may consist of the following:
structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire
hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units
where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value.
Condition of Units
Condition of Units Owner-Occupied Renter-Occupied
Number % Number %
With one selected Condition 10,325 38% 16,544 54%
With two selected Conditions 1,080 4% 4,305 14%
With three selected Conditions 10 0% 160 1%
With four selected Conditions 0 0% 20 0%
No selected Conditions 15,620 58% 9,515 31%
Total 27,035 100% 30,544 100%
Table 34 – Condition of Units
Data Source: 2011-2015 ACS
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Year Unit Built
Year Unit Built Owner-Occupied Renter-Occupied
Number % Number %
2000 or later 2,265 8% 1,530 5%
1980-1999 6,644 25% 8,275 27%
1950-1979 12,720 47% 15,580 51%
Before 1950 5,405 20% 5,155 17%
Total 27,034 100% 30,540 100%
Table 35 – Year Unit Built
Data Source: 2011-2015 CHAS
Risk of Lead-Based Paint Hazard
Risk of Lead-Based Paint Hazard Owner-Occupied Renter-Occupied
Number % Number %
Total Number of Units Built Before 1980 18,125 67% 20,735 68%
Housing Units built before 1980 with children present 4,650 17% 1,905 6%
Table 36 – 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 0
Abandoned Vacant Units 0 0 0
REO Properties 193 0 193
Abandoned REO Properties 0 0 0
Table 37 - Vacant Units
Data Source: Vacant Units, 2017 ACS 1-Year Estimates;
San 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.
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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.14
14 City of San Bernardino, 2013-2021 Housing Element, January 2014.
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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.15
Totals Number of Units
Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled*
# of units
vouchers
available 0 0 1,321 8,678 552 8,126 352 1,109 834
# of
accessible
units - - - - - - - - -
Table 38 – Total Number of Units by Program Type
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition
Data Source: PIC (PIH Information Center)
Describe the supply of public housing developments:
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
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
15 2020 Moving to Work Annual Plan, Housing Authority of the County of San Bernardino.
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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.
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:
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)
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)
Table 39 displays the physical inspection scores of public housing within the City. Scores are
not available for all public housing complexes.
Public Housing Condition
Public Housing Development Average Inspection Score
WATERMAN GARDENS 64
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Table 39 – Public Housing Condition
The physical inspection scoring is deficiency based; all properties start with 100 points. Each
deficiency observed reduces the score by an amount dependent on the importance and severity
of the deficiency, the number of buildings and units inspected, the inspectable items actually
present to be inspected and the relative weights between inspectable items and between
inspectable areas.
Describe the restoration and revitalization needs of public housing units in the
jurisdiction:
The HACSB has received approval under HUD’s RAD program to convert 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.16
Discussion:
See discussion above.
16 2020 Moving to Work Annual Plan. http://ww2.hacsb.com/files/pdf/news-reports/mtw/plans/2020-mtw-
annual-plan-100919-response-to-hud-comments.pdf
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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 Ci ty
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 N/A 0 N/A 652 0
Veterans 29 0 5 712 0
Unaccompanied Youth 5 0 0 3 0
Table 40 – Facilities and Housing Targeted to Homeless Households
Source: 2019 San Bernardino City and County CoC Housing Inventory Count
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Describe mainstream services, such as health, mental health, and employment
services to the extent those services are used 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
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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.
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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.
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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 a nd 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
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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 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.
For entitlement/consortia grantees: Specify the activities that the jurisdiction
plans to undertake during the next year to address the housing and supporti ve
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.
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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.
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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.
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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.17
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 11 11 -1
Construction 4,002 2,357 6 3 -3
Education and Health Care Services 11,756 14,338 19 21 2
Finance, Insurance, and Real Estate 2,248 3,649 4 5 2
Information 752 350 1 1 -1
Manufacturing 5,683 3,438 9 5 -4
Other Services 2,023 2,422 3 4 0
Professional, Scientific, Management Services 3,168 4,139 5 6 1
Public Administration 0 0 0 0 0
Retail Trade 8,041 8,264 13 12 -1
Transportation and Warehousing 5,321 7,872 9 12 3
Wholesale Trade 4,046 3,511 7 5 -1
Total 54,890 57,889 -- -- --
Table 41 – Business Activity
Data Source: 2011-2015 ACS (Workers), 2015 Longitudinal Employer-Household Dynamics (Jobs)
17 County Remains Southern California’s Retail Leader, San Bernardino, News Release, Economic Development, March 7, 2019, https://sanbern-
prod.s3.amazonaws.com/uploads/SBCounty-Leads-in-RetailFinal-003.pdf .
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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 42 - 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 43 – 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 44 - Travel Time
Data Source: 2011-2015 ACS
Education
Educational Attainment by Employment Status (Population 16 and Older)
Educational Attainment In Labor Force
Civilian Employed Unemployed Not in Labor
Force
Less than high school graduate 14,685 3,539 14,005
High school graduate (includes
equivalency) 16,405 2,535 10,015
Some college or Associate degree 19,900 2,590 7,675
Bachelor's degree or higher 8,335 615 2,630
Table 45 - Educational Attainment by Employment Status
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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 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 46 – 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 degree 88,789
Bachelor's degree 57,200
Graduate or professional degree 109,150
Table 47 – 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 most oversupply of labor (more workers than jobs). Educat ion/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
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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.18
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 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.
18 San Bernardino County, Economic Development Agency under “Initiatives”,
https://www.selectsbcounty.com/major-initiatives/manufacturing, [January 29, 2020].
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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 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.
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.
Not applicable.
Discussion
See discussion above.
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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.
Map 2 below displays census tracts which meet the LMI concentration standard. Most of the
City is considered an LMI area.
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.19 Housing units in foreclosure generally overlap with LMI neighborhoods
displayed in Map 2.
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.
19 Zillow. For Sale, Foreclosure. January 24, 2020
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Map 2 – Areas of Low- and Moderate-Income Concentration
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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.20 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 below displays the monthly price of internet (excluding equipment rental fees) by ISP
as of January 24, 2020.
ISP Tier 1 (Mbps/$) Tier 2 (Mbps/$) Tier 3 (Mbps/$)
Frontier (DSL) 6Mbps/$27.99 25Mbps/$34.99 45Mbps/$44.99
Frontier (Fiber) 50Mbps/$29.99 500Mbps/39.99 1000Mbps/$74.99
Charter
(Broadband/Fiber) 200Mbps/$49.99 400Mbps/$69.99 940Mbps/$109.99
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 p er 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.
Increasing competition amongst these ISPs would likely result in reduced costs, increased
speeds, and/or better quality of customer service and infrastructure within the market area. It is
likely that more households would be able to afford internet access as a result.
20 California Interactive Broadband Map. http://www.broadbandmap.ca.gov/
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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.21 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.
21 Climate Change and Health Profile San Bernardino County.
https://www.cdph.ca.gov/Programs/OHE/CDPH%20Document%20Library/CHPRs/CHPR071SanBernardino_Cou
nty2-23-17.pdf
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STRATEGIC PLAN
SP-05 Overview
Strategic Plan Overview
The Strategic Plan identifies the five-year goals that the City of San Bernardino expects to
achieve during the 2020–2025 ConPlan cycle. These goals are aligned with HUD’s objectives
and outcomes and are achieved through the Annual Action Plan, which divides up the five-year
goals into annual targets. The City has identified nine need categories through the Needs
Analysis, Market Analysis, and Community Outreach portions of the ConPlan. The Strategic
Plan then identifies goals that are aligned to address most of those needs. Not every need
identified in the plan can be met and sufficiently addressed in the next five years. Some of the
needs are not feasible, some require much more funding than the City currently receives, and
some are simply too large to be addressed in just five years.
The Strategic Plan includes goals to address affordable housing, infrastructure, public services,
fair housing, and economic development.
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SP-10 Geographic Priorities – 91.215 (a)(1)
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.
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SP-25 Priority Needs - 91.215(a)(2)
Priority Needs
1 Priority
Need Name
Preserve and Rehabilitate Housing
Priority
Level
High
Population Low Income
Moderate Income
Large Families
Families with Children
Elderly
Frail Elderly
Persons with Physical Disabilities
Geographic
Areas
Affected
Citywide
Associated
Goals
Preserve and Rehabilitate Housing
Description The preservation and rehabilitation of single -family owner-occupied housing and multi-
family rental units.
Basis for
Relative
Priority
As discussed in MA-20, 67 percent of both owner-occupied housing (18,125) and
rental units (20,735) were built prior to 1980. In general, housing begins to require
major repairs after 30 or 40 years of age. Those repairs could include important health
and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom
or kitchen plumbing, and insulation. Many low- to moderate-income households may
be unable to afford these needed repairs.
Community engagement efforts also identified a need for housing rehabilitation.
2 Priority
Need Name
Expand Homeownership
Priority
Level
High
Population Low Income
Moderate Income
Large Families
Families with Children
Geographic
Areas
Affected
Citywide
Associated
Goals
Expand Homeownership
Description Affordable homeownership housing units added and first-time homebuyer assistance
programs.
Basis for
Relative
Priority
The median income of the City is approximately $16,000 lower than the national
average; however, the cost of living in the County is higher than the national average.
Consequently, City residents will likely need assistance to secure their first home
without incurring a cost burden.
Survey respondents also identified a first-time homebuyer program as a critical
housing need.
3 Priority Provide Homeless and Homeless Prevention Services
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Need Name
Priority
Level
High
Population Extremely Low Income
Low Income
Moderate Income
Families with Children
Elderly
Public Housing Residents
Chronically Homeless Individuals
Chronic Substance Abuse
Veterans
Victims of Domestic Violence
Unaccompanied Youth
Frail Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Persons with Alcohol or Other Addictions
Persons with HIV/AIDS and their Families
Geographic
Areas
Affected
Citywide
Associated
Goals
Provide Homeless and Homeless Prevention Services
Description Provide emergency shelters, rapid rehousing, and homelessness prevention services
to homeless individuals and persons at risk of homelessness.
Basis for
Relative
Priority
As discussed in NA-20, there are approximately 890 homeless individuals living in the
City of San Bernardino. Discussions with the San Bernardino County Homeless
Partnership identified that homeless individuals are in need of services to alleviate or
prevent homelessness.
4 Priority
Need Name
New Affordable Rental Housing
Priority
Level
Low
Population Extremely Low Income
Low Income
Moderate Income
Large Families
Families with Children
Elderly
Frail Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Geographic
Areas
Affected
Citywide
Associated
Goals
New Affordable Rental Housing
Description New affordable rental housing (new construction or rehabilitation) and new affordable
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rental housing with supportive services for homeless individuals and veterans.
Basis for
Relative
Priority
There is a significant mismatch between housing supply and affordability within the
City. As discussed in MA-15, there is a 11,445-unit gap for households earning
between 0 and 30 percent AMI and a 2,750 -unit gap for households earning between
30 and 50 percent AMI. Additionally, 17,398 low-income renter households are paying
more than 30 percent of their income toward housing costs.
5 Priority
Need Name
Promote Economic Development (Micro-Enterprise)
Priority
Level
High
Population Extremely Low Income
Low Income
Moderate Income
Geographic
Areas
Affected
Citywide
Associated
Goals
Promote Economic Development (Micro-Enterprise)
Description Create job opportunities.
Basis for
Relative
Priority
The unemployment rate of the City is high at 16.6 percent. Additionally, only 10
percent of the labor force has a bachelor’s degree or higher and 21 percent have not
graduated high school. Furthermore, 73 percent of survey respondents identified job
creation as a critical economic development need.
6 Priority
Need Name
Improve Facilities and Infrastructure
Priority
Level
Low
Population Extremely Low Income
Low Income
Moderate Income
Families with Children
Elderly
Public Housing Residents
Chronically Homeless 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
Non-Housing Community Development
Geographic
Areas
Affected
Citywide
Associated
Goals
Improve Facilities and Infrastructure
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Description Improve public facilities including parks and accessibility upgrades.
Basis for
Relative
Priority
The City of San Bernardino’s 2018-2023 Capital Improvement Plan (CIP) has indicated
the need for the replacement of streetlights, pavement rehabilitation, improvement of
safe routes to schools, and citywide accessibility improvements. Community
engagement efforts also identified a need for street, street lighting, and water/sewage
improvements within the City.
7 Priority
Need Name
Fair Housing
Priority
Level
Low
Population Extremely Low Income
Low Income
Moderate Income
Middle Income
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 and support fair housing services.
Basis for
Relative
Priority
Between 2015 and 2016, 114 fair housing discrimination cases were forwarded to the
Office of Fair Housing and Equal Opportunity; 51.8 percent of these cases were based
on disability.
8 Priority
Need Name
Planning and Administration
Priority
Level
Low
Population Other
Geographic
Areas
Affected
N/A
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.
Table 48 – Priority Needs Summary
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
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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.
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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
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SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source of
Funds Uses of Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income:
$
Prior Year
Resources: $
Total:
$
CDBG Public-Federal Acquisition
Admin and planning
Economic
development
Housing
Public improvements
Public services
3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of
CDBG funds available
over the planning period
is based on allocations
for FY 2019-2020.
HOME Public-Federal Acquisition
Homebuyer
assistance
Homeowner
rehabilitation
Multifamily rental
new construction
Multifamily rental
rehabilitation
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 - 0 295,799 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
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Explain how federal funds will leverage those additional resources (private, state
and local funds), including a description of how matching requirements will be
satisfied
Entitlement Funds
Leverage means to combine funding sources, such as local, state, or other federal financial
resources, with HUD funding in order to increase project efficiencies and benefit from
economies of scale.
Other Federal Grant Programs
Additional federal programs that fund community development and affordable housing activities
include:
Section 8 Housing Choice Voucher Program
Section 108
Section 202
Section 811
Affordable Housing Program through the Federal Home Loan Bank
These programs would not be provided to the City but rather to HACSB and affordable housing
developers.
Other State Grant Programs
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 of San Bernardino submitted a grant application under SB 2 to the California
Department of Housing and Community Development for the sum of $625,000.
If appropriate, describe publicly 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.
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Additionally, the governor of California continues to explore the use of state and federal surplus
property to provide housing for homeless individuals.22
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.
22 California Department of Housing and Community Development. Public Lands for Affordable Housing
Development. https://www.hcd.ca.gov/community-development/public-lands-for-affordable-housing-
development.shtml
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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
San Bernardino Government Economic development
Homelessness
Non-homeless special needs
Planning
Neighborhood improvements
Public facilities
Public services
Jurisdiction
Housing Authority of the
County of San Bernardino
(HACSB)
PHA Public housing
Rental
Region
San Bernardino County
Homeless Partnership
(SBCHP)
CoC 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.
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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
Life Skills X X
Mental Health Counseling X X
Transportation X X
Other
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.
Furthermore, the organization has partnered with the Inland Empire Health Plan to provide
health care services to homeless individuals throughout the County.
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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 th e
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.
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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 2024 Affordable
Housing
Citywide Preserve and
Rehabilitate
Housing
HOME:
$2,000,000
Rental units rehabilitated: 100
Homeowner housing
rehabilitated:10
2 Expand
Homeownership
2020 2024 Affordable
Housing
Citywide Expand
Homeownership
Home:
$3,000,000
NSP:
$300,000
Homeowner housing added: 100
3 Provide
Homeless and
Homeless
Prevention
Services
2020 2024 Homeless Citywide Provide
Homeless and
Homeless
Prevention
Services
ESG:
$1,500,000
Public service activities other than
low/moderate income housing
benefit
Homelessness prevention
200,000 persons assisted
4 New Affordable
Rental Housing
2020 2024 Affordable
Housing
Citywide New Affordable
Rental Housing
HOME:
$4,500,000
New affordable rental units: 300
5 Promote
Economic
Development
(Micro-
Enterprise)
2020 2024 Non-Housing
Community
Development
Citywide Promote
Economic
Development
(Micro-Enterprise)
CDBG:
$185,000
Jobs created/retained: 500
Businesses Assisted: 70
6 Improve
Facilities and
Infrastructure
2020 2024 Non-Housing
Community
Development
Citywide Improve Facilities
and Infrastructure
CDBG:
$10,000,000
Public facility or infrastructure
activities other than low/moderate
income housing benefit:
160,000 Persons Assisted
7 Fair Housing 2020 2024 Affordable
Housing
Citywide Fair Housing CDBG:
$400,000
Public service activities other than
low/moderate income housing
benefit:
5,000 Persons Assisted
8 Planning and
Administration
2020 2024 Administration Citywide Planning and
Administration
CDBG:
$3,406,000
HOME:
$700,000
Other (planning and administration)
Table 53 – Goals Summary
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Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal
Description
Provide funding for homeowner-occupied and rental housing rehabilitation.
2 Goal Name Expand Homeownership
Goal
Description
Provide funding for the construction of new owner housing units and first-time
homebuyer assistance programs, such as down payment assistance.
3 Goal Name Provide Homeless and Homeless Prevention Services
Goal
Description
Provide funding to assist homeless individuals and those with special needs with
supportive services; includes funding for emergency shelters, rapid rehousing,
homelessness prevention, street outreach, and HMIS costs.
4 Goal Name New Affordable Rental Housing
Goal
Description
Provide funding for new affordable rental housing (new construction or rehabilitation)
and affordable rental housing with supportive services for homeless individuals and
veterans.
5 Goal Name Promote Economic Development (Micro-Enterprise)
Goal
Description
Provide funding to create jobs through physical and economic revitalization, includes
funding for micro-enterprise programs.
6 Goal Name Improve Facilities and Infrastructure
Goal
Description
Provide funding to improve public facilities and infrastructure, including parks,
community centers, and sidewalks.
7 Goal Name Fair Housing
Goal
Description
Promote fair housing choice through the following activities: fair housing education,
fair housing testing, housing assistance hotline, and landlord-tenant mediation.
8 Goal Name Planning and Administration
Goal
Description
Provide funding to implement the goals and objectives of the ConPlan, comply with
planning and reporting requirements, and monitor use of the funds.
Estimate the number of extremely low -income, low-income, and moderate-income
families to whom the jurisdiction will provide affordable housing as defined by
HOME 91.315(b)(2)
The City estimates that HOME funds will provide affordable housing to approximately 1,884
households over the ConPlan period.
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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 $82,000.23 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 Table 23 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 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.
Is the public housing agency designated as troubled under 24 CFR part 902?
No.
Plan to remove the ‘troubled’ designation
Not applicable.
23 Cornell University. Disability Statistics. http://www.disabilitystatistics.org/reports/acs.cfm
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SP-55 Barriers to affordable housing – 91.215(h)
Barriers to Affordable Housing
Several factors act as barriers to acquiring and constructing affordable housing. Lack of funding
is the most significant as local, state, and federal funding has been decreasing over the last
decade.
Local, state, and federal development requirements are the next most significant barrier, and
include:24
Planning and development fees, such as for transportation, water, and sewer
infrastructure, increases the cost of development.
Permit and processing procedures, including application review, can also delay housing
development.
Environmental protection policies, including the California Environmental Quality Act and
the National Environmental Policy Act, require environmental review for discretionary
projects, which increases costs and delays the development process.
Site improvements required by the City for undeveloped land or land that lacks adequate
transportation and pedestrian infrastructure increases the cost of housing development.
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:25
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.
24 City of San Bernardino, 2013-2021 Housing Element, January 2014.
25 City of San Bernardino, 2013-2021 Housing Element, January 2014.
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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 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.
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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.
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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.
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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 implements a subrecipient grant monitoring policy. City staff conducts program
monitoring and audits of subrecipient records and facilities throughout the program year. As part
of this responsibility, the City reviews quarterly compliance reports and annual single audits (as
required by 24 CFR Part 44.6). Additionally, the City conducts risk assessments using financial
information provided by subrecipients. Monitoring activities are conducted by telephone or on-
site.
The City’s CDBG, HOME, and ESG monitoring reports include:
1. Background of the agency, program, or project;
2. Review of current findings;
3. Corrective actions necessary (if applicable);
4. Observations about the program operations; and
5. Communication/advisement offered to the agency about their operations.
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CITY OF SAN BERNARDINO FY 2020-2021 ACTION PLAN
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CITY OF SAN BERNARDINO DRAFT
FY 2020-2021 ACTION PLAN
PROJECTS TO BE UNDERTAKEN TO MEET THE OBJECTIVES OF THE CONSOLIDATED PLAN
Mayor: John Valdivia
Councilmember First Ward: Theodore Sanchez
Councilmember Second Ward: Sandra Ibarra
Councilmember Third Ward: Juan Figueroa
Councilmember Fourth Ward: Fred Shorett
Councilmember Fifth Ward: Henry Nickel
Councilmember Sixth Ward: Bessine L. Richard
Councilmember Seventh Ward: James L. Mulvihill
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of San Bernardino (City) must prepare and submit to the Department of Housing and Urban
Development (HUD) an Annual Action Plan that details the proposed uses of federal grants the City
receives. The City is an entitlement community and receives the following federal grants:
Community Development Block Grant (CDBG)
HOME Investment Partnerships Program (HOME)
Emergency Solutions Grant (ESG)
The Action Plan serves as the City’s annual application to HUD and is a requirement for a receipt of
yearly allocations of the grants noted above. To receive these funds, the City undertakes a planning
process known as the Consolidated Plan cycle. This process is documented by three reports: 1) a Five-
Year Consolidated Plan; 2) five annual one-year Action Plans, and 3) five annual Consolidated Annual
Performance and Evaluation Reports (CAPERs).
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The City of San Bernardino has a range of housing and community development needs. The City's
objective is to use its grant funds to coordinate programs, services, and projects with the anticipated
outcome of creating a decent and suitable living environment to benefit low- and moderate-income
households and those with special needs. Priorities for the FY 2020-2024 CONSOLIDATED PLAN
established in consultation with residents and community groups are noted.
Priority Objectives/Goals
1. Preserve and rehabilitate existing single-family dwellings: by extending the useful life of existing
housing stock through repair and rehabilitation loans to low and moderate income households.
2. Improve Neighborhood Conditions: by rehabilitating multi-family rental housing.
3. Expand homeownership opportunities: through work with CHDO organizations.
4. Expand homeownership opportunities: by funding an Infill Housing Project. Projects will consist
of new construction of infill housing city-wide and in the Eastpointe neighborhood.
5. Assist homeless and special needs populations with supportive services: fund social service
organizations to assist homeless persons through the provision of homeless prevention,
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emergency shelters, street outreach, supportive services and placement in permanent
supportive housing.
6. New Affordable Rental Housing Construction or Rehabilitation: by funding new affordable rental
housing (new construction or rehabilitation). There are two rental housing projects in the City’s
housing pipeline that are anticipated to begin predevelopment during the current AP period:
Seccombe Park and Foothill Villas Apartments.
7. Promote Economic Development: by funding a Micro-Enterprise program in partnership with
“Emprendedoras”, a Spanish language training program for persons interested in launching a
small business or expanding an existing small business.
8. Improve and expand existing community facilities and infrastructure to meet current and future
needs: replacement of playground equipment in three parks in the City's CDBG eligible
areas; convert an existing baseball field into a Miracle League baseball field that will be ADA
compliant; re-roof Encanto Community Center; citywide concrete repairs to replace sidewalks
and provide ADA accessibility.
9. Eliminate identified impediments to fair housing through education, enforcement, and
testing: Fund fair housing activities to include fair housing enforcement, landlord/tenant
mediation and education.
10. Planning and administration: Funding for planning and administration of CDBG, HOME and ESG.
11. Homeless services/funding.
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 – No homes were rehabilitated through the
City's Owner Occupied Rehabilitation Loan Program (OORP).
Expand Homeownership opportunities and assist homebuyers with the purchase of affordable
housing - In FY 2019-20 the City completed two (2) new newly built homes on infill lots. The City’s CHDO
partner, Housing Partners I is currently marketing the homes to households at 50% to 80% of AMI.
Provide Supportive Services - Homeless / Non-Homeless Special Needs: In FY 2019-20, the City
allocated $830,000 in HOME funds; $1.5 million in NSP1 and $180,000 to Arrowhead Grove, formerly
known as Waterman Gardens Public Housing Community, for phase 3 of construction. This project will
result in a total of 184 mixed-income family apartments. The new construction will provide 147
affordable family units.
Promote Economic Development: The City held five (5) small business/entrepreneur workshops.
Approximately, 20 persons attended the workshops in FY 2019-2020. There were more workshops
scheduled for the year, however, due to the Covid-19 virus, those workshops had to be postponed.
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Improve Facilities and Infrastructure – Public Facilities Projects: In FY 2019-2020, the City completed:
Lytle Creek Park roof replacement, Jerry Lewis Swim Center facility upgrades and replacement of
playground equipment at five parks: Meadowbrook Fields, Lytle Creek, Wildwood, Harrison Canyon, and
Speicher.
Eliminate identified impediments to fair housing through education, enforcement, and testing: The
Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing
services to approximately 3,300 persons in the City.
Planning and Administration: Funding for planning and administration of CDBG, HOME and ESG.
Provide rental assistance and preserve existing affordable rental housing: In FY 2019-2020, two (2)
assisted rental projects were inspected to ensure units remained affordable and habitable.
Expand the affordable housing inventory through new construction: In 2019-2020, the City completed
the second and third phases of construction on the site of the former Waterman Gardens Public Housing
community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family
apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an
additional 35 market-rate units interspersed across the site and two units for property managers. In
addition to the new units constructed, a new traffic signal and bus shelter were installed.
Improve Neighborhood Conditions – Demolition Program: Funding for this project has been eliminated
due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive
years.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
To solicit public input during the development of the Consolidated Plan and the Annual Action Plan, the
City conducted the following meetings:
Six community engagement meetings were held in January 2020:
Akoma Unity Center, 1367 N. California Street, San Bernardino, Saturday, January 18, 2020, 9:30
AM-11:30 AM, 15 people in attendance
Rezek Center – St. Bernardine Medical Center, 2101 N. Waterman Ave., San Bernardino,
Tuesday, January 21, 2020, 11 AM–1 PM, 15 people in attendance
Maplewood Homes, 906 Wilson St., San Bernardino, Wednesday, January 22, 2020, 4 PM–5 PM,
20 people in attendance
Olive Meadows, 610 East Olive Street, San Bernardino, Thursday, January 23, 4 PM–5 PM, 2
residents in attendance
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Valencia Vista, 950 N. Valencia Ave., San Bernardino, Thursday, January 23, 2020, 5 PM–6:30
PM, 0 people in attendance
San Bernardino Valley College, 701 S. Mt. Vernon Ave., San Bernardino, Friday, January 24, 2020,
9 AM – 10:30 PM, 9 people in attendance
A housing summit was held on February 6, 2020, from 8:00 AM to 12:00 PM. The summit gathered
community leaders, agency representatives, service providers, planning professionals, developers,
business owners, and others to learn the current state of housing, jobs, and development opportunities.
The summit also identified public safety concerns, the need for diverse housing options (both
emergency and long term), ways to develop new and improve existing housing stock, how to expand
opportunities to advance workforce and build community wealth, and community health including
physical, mental, and emotional well-being. The summit was also held to help build partnerships to
address the City's most immediate needs and learn new ideas for long-range planning. Those in
attendance were:
Civil Liberties Union
Inland Congregations United for Change
Mary Erickson Community Housing
National Core
Step Up On Second
Habitat for Humanity
County of San Bernardino Community Development and Housing Agency
Omnitrans
County of San Bernardino Department of Behavioral Health
Wells Fargo Bank
Akoma Unity Center
Dignity Health St. Bernadine Medical Center
Neighborhood Partnership Housing Services
County of San Bernardino Office of Homeless Services
Project Fighting Chance
Center for Employment Opportunities
Project Fighting Chance
Inland Valley Recovery Services
Inland Fair Housing and Mediation Board
Catholic Charities San Bernardino County
Stakeholder interviews were conducted in-person, one-on-one phone conversations, and emails were
held with various service providers to obtain feedback. The feedback was especially helpful in identifying
gaps in services, trends in the local community, and needs relating to specific services and populations.
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Three pop-up/tabling events were held throughout the City: a football game at San Bernardino High
School on November 1, 2019, the San Bernardino Airshow on November 2, 2019, and the City of San
Bernardino Winter Wonderland on December 14, 2019. Surveys were distributed at the pop-up events
and a total of 314 residents responded to the survey from these pop-up events.
The City held a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15,
2020, for the City Council and Mayor to review and approve the final plan.
For the 2020 program year Action Plan:
City Staff met with the CDBG Ad Hoc Committee on February 26, 2020 to present its funding
recommendations and receive input from the committee.
The City also:
Published a public notice (in English and Spanish) in the San Bernardino Sun, and El Chicano
announcing the public hearing meeting
Made available for public review, a copy of the Draft PY 2020-2021 Annual Action Plan at the
Community & Economic Development public counter, the City website and Norman F. Feldheym
Public Library.
Published a 15-day comment of public review, comment, Plan availability and date of the first
public hearing number of the Draft FY 2020-2021 Annual Action Plan for the period of March 4,
2020 through March 18, 2020.
Published a 30-day notice of public review, comment, availability and second public hearing for
the period of March 12, 2020 through April 15, 2020 to approve and submit the PY 2020-2021
Annual Action Plan to HUD on May 15, 2020
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
A public review period for the Draft PY 2020-2021 Annual Action Plan was noticed from March 4, 2020
through March 18, 2020 and again on March 12, 2020 through April 15, 2020. The City of San
Bernardino did not receive comments from the public.
The PY 2020-2021 Annual Action Plan was made available at the Community & Economic Development
Department public counter, the City website and Norman F. Feldheym Public Library for public review
and comment.
6. Summary of comments or views not accepted and the reasons for not accepting them
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There were no comments received by the City of San Bernardino.
7. Summary
The City has undertaken diligent and good faith efforts to reach all segments of the community that may
benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)
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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 g rant
program and funding source.
Agency Role Name Department/Agency
Lead Agency SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department
ESG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The Community and Economic Development Department administers, implements and monitors projects funded through the HUD’s formula
entitlement grants. As a recipient of these funds, the City’s Community and Economic Development Department is tasked with the responsibility
of developing and carrying out the goals and objectives noted in the Consolidated Plan. The City uses these and other funds to provide decent
housing, create a suitable living environment, and expand economic opportunities throughout the City.
The Community and Economic Development Department works closely with the Public Works Department and the City Parks and Recreation
Department, the City Manager's Office, the City Council, and the CDBG Ad Hoc Committee in establishing goals and priorities that will serve the
needs of the residents of San Bernardino.
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Consolidated Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Community and Economic
Development Department, Gretel Noble, Housing Manager at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270 or
via email at noble_gr@sbcity.org.
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City views the Consolidated Plan as an opportunity to engage the community in the CDBG, ESG, and
HOME investment process. It urges citizens to voice their concerns and share their ideas concerning
community development, affordable housing, and homelessness. It encourages all residents, especially
those living in low- and moderate-income neighborhoods, to participate in the planning process.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l))
• The City has been working in a partnership with the Housing Authority of the County of San
Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units
of public housing at the former Waterman Gardens public housing project (now known as Arrowhead
Grove).
• The City is also working in a partnership with National CORE, an Inland Empire CHDO, and the Housing
Authority of the County of San Bernardino in the development of Arrowhead Grove.
• The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the
administration of an owner-occupied, single family rehabilitation program.
• Housing Partners I, also a CHDO, and NPHS partner with the City to build new single family, ownership
housing on vacant and blighted lots throughout the city, in order to increase homeownership among
households at and below 80% of Area Median Income.
• The City coordinates with the County Department of Behavioral Health (DBH) in and ongoing exchange
of information and resources available to persons who are experiencing homelessness and mental
health crises. The City has also partnered with DBH in the Golden Apartments project where DBH
provides the case management services for the formerly homeless residents who live with mental
illness.
• The City has also been working on investment strategies for housing and health with Dignity Health.
Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction
(which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184
mixed income development, with 147 units reserved for low-income households.
• The City has been consulting with the Housing Authority of the County of San Bernardino and the
Community Development and Housing Agency of the County of San Bernardino concerning lead based
paint hazards as it relates to rehabilitation of owner occupied single family homes. The City has also
consulted with HUD’s environmental office regarding lead based paint and staff attended the most
recent lead based paint training provided onsite at the HUD Los Angeles office.
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The City has been in coordination with the San Bernardino Unified School District in their Uplift San
Bernardino initiative. Uplift San Bernardino is Focused on the future of the youth community, such
as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene
leadership work groups to change systems & police; effectively inspire community voice &
engagement to inform better decisions & increase access to opportunities especially for youth;
create shared understanding of issues & opportunities based on research & data; mobilize people
and resources to fill in gaps identified between systems and promote accountability through a
transparent history of Uplift’s decisions, progress, & learning.
Include language re: coordination with Vince’s group - small business administration – get language
from Janine.
Include Janine’s work with Sandra Espadas group.
For the past year the City has been working with an initiative headed by the Center for Community
Investment and seven health providers, including Dignity Health in an initiative to Accelerate
Investments in Healthy Communities (AIHC).
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
As homelessness does not have boundaries, the most efficient way to address the needs of the
homeless (especially chronically homeless populations), is regionally. There are four entities that work
collaboratively to address homelessness throughout San Bernardino County. They are: 1) the
Interagency Council on Homelessness, a policy making body; 2) Homeless Provider Network, an advisory
group made up of local public, private, faith-based, non-profit and housing organizations who work to
improve service delivery to the homeless; 3) Central Valley Steering Committee, which is a sub-
committee of the Homeless Provider Network, is a group made up of the following cities, San
Bernardino, Rialto, Redlands, Colton, Grand Terrace, and Fontana, in addition to private, faith-based,
non-profit and housing organizations who collaborate to improve service delivery to the homeless. The
goal of the Central Valley Steering Committee is to advocate for the homeless and those at-risk of
becoming homeless residing in those cities that are in the County of San Bernardino; 4) the San
Bernardino County Behavioral Health Administration, Office of Homeless Services, the administrative
arm of the CoC. The strategy that guides the actions of the above-mentioned groups is the “10-Year
Strategy to End Homelessness in San Bernardino County”. This document serves as the blueprint for
ending homelessness in San Bernardino County.
The City of San Bernardino is an active participant of the Continuum of Care (CoC) and fully supports the
goals and objectives of the 10-Year Strategy to End Homelessness in San Bernardino County. City of San
Bernardino City Councilmember, Fred Shorett, represents the City of San Bernardino on the board of the
Interagency Council on Homelessness, the City’s Police Department supports and participates in the
Point-in-Time Homeless Count, and the Community and Economic Development staff requires its ESG
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Subrecipients to participate in the CoC’s Homeless Management Information System (HMIS), a software
application designed to collect client-level data and data on the provision of housing and services to
homeless individuals and families and persons at risk of homelessness.
Through its ESG program the City funds five organizations that provide street outreach, emergency
shelter, homeless prevention services, rapid rehousing and HMIS.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The City works closely with the CoC and attends its regular scheduled meetings and trainings in the area
of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not
less than one former homeless member, in regards to funding recommendations. The discussions at the
ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided
illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are
helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of
discussion include presentations to the Office of Homeless Services on activities from the San
Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their
strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative – the Housing
Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways
to address the needs of the County’s homeless veterans. Over the past year the HASCB, along with the
support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for
homeless veterans.
2. Describe Agencies, groups, organizations and others who participated in the proces s
and describe the jurisdiction’s consultations with housing, social service agencies and other
entities
7.b
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization Dignity Health St Bernardine Medical Center
Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by Consultation? Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community.
2 Agency/Group/Organization National Community Renaissance (National CORE)
Agency/Group/Organization Type Services – children
What section of the Plan was addressed by Consultation? Non-Housing Community Development Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino. The anticipated outcomes are increased commitment
to affordable housing/investment in the community.
3 Agency/Group/Organization Neighborhood Partnership Housing Services (NPHS)
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation?
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
4 Agency/Group/Organization Omni Trans
Agency/Group/Organization Type Other – Transit Agency
7.b
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What section of the Plan was addressed by Consultation?
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
5 Agency/Group/Organization Continuum of Care
Agency/Group/Organization Type Publicly Funded/System of Care
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
Services-Education
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless, Families with children, Veterans,
Unaccompanied Youth, Homeless Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino. The anticipated outcomes are increased commitment
to
6 Agency/Group/Organization San Bernardino County Department of Behavioral Health
Agency/Group/Organization Type Health Agency – Health
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children,
Veterans, Unaccompanied Youth
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino. The anticipated outcomes are increased commitment
to
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7 Agency/Group/Organization Project Fighting Chance
Agency/Group/Organization Type Services – Children
What section of the Plan was addressed by Consultation? Non-Housing Community Development Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino. The anticipated outcomes are
8 Agency/Group/Organization Inland Fair Housing and Mediation Board
Agency/Group/Organization Type Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment
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
9 Agency/Group/Organization Salvation Army – Hospitality House
Agency/Group/Organization Type Services-Homeless
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children,
Veterans, Unaccompanied Youth
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The Salvation Army Hospitality House was consulted. The anticipated
outcome is to serve homeless women and children and stabilize them,
case manage, and provide a type of housing suitable for them.
10 Agency/Group/Organization Center For Employment Opportunities
Agency/Group/Organization Type Services – Employment
What section of the Plan was addressed by Consultation? Non-Housing Community Development Strategy
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Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The Center for Employment Opportunities was consulted. The
anticipated outcome is to
11 Agency/Group/Organization Inland Valley Recovery Services
Agency/Group/Organization Type Services – Health
What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children,
Veterans, Unaccompanied Youth
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The Inland Valley Recovery Services was consulted. The anticipated
outcome is to
12 Agency/Group/Organization Dr. Tom Pierce , CSU San Bernardino
Agency/Group/Organization Type Civic Leader
What section of the Plan was addressed by Consultation? Market Analysis
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Dr. Tom Pierce was consulted. The anticipated outcome is to
Identify any Agency Types not consulted and provide rationale for not consulting
No agency types were excluded from engagement. In the future the City will make a special effort to include corrections programs and
institutions.
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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 will
complement the 2013-2021 Housing Element.
Housing Authority County of San
Bernardino (HACSB)
Housing Authority County of San
Bernardino (HACSB)
The City will support HACSB's efforts on public housing and the
ongoing partnership on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
City staff, with assistance from its consultant, worked to engage a wide array of residents and stakeholders in the community engagement
process. In addition to engaging residents in the community survey, the City also engage housing providers and developers, social service
agencies, financial institutions, neighborhood associations, local health systems and organizations that provide outreach and supportive
housing to homeless persons. The City also undertook direct solicitation for engage stakeholders to in the community survey, community
meetings, and stakeholder interviews.
Stakeholders and residents provided feedback on priorities, neighborhood revitalization issues, housing problems and possible solutions, They
were asked to provide input on how the City should spend CDBG, HOME and ESG funding.
7.b
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal -setting
The City published a public hearing notice (Appendix A) in the San Bernardino Sun, and El Chicano newspapers in accordance with its citizen
participation plan for its March 18, 2020 and April 15, 2020 Public Hearing. It also posted the notice and the PY 2020-2021 Action Plan on the
City website. The PY 2020-2021 Action Plan was available on the City’s website at the Community and Economic Development Department
public counter, and the Norman F. Feldheym Public Library.
7.b
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Citizen Participation Outreach
Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Newspaper
Ad
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Residents of
Public and
Assisted
Housing
Low Income
persons
No responses
were received.
No comments
were received.
Because
comments were
not received
there is no
summary of
comments not
accepted.
http:iecn.com/newpapers/el-chicano/
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
2 Internet
Outreach
Non-
targeted/broa
d community
No responses
were received
No comments
were received
Because
comments were
not received
there is no
summary of
comments not
accepted.
www.sbcity.org/housing
7.b
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
3 Public
Meeting
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
Low Income
persons
No responses
were received
No comments
were received
Because
comments were
not received
there is no
summary of
comments not
accepted.
http://sanbernardinocityca.iqm2.com/citize
ns/calendar.aspx
7.b
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
4 Public
Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
No responses
were received
No comments
were received
Because
comments were
not received
there is no
summary of
comments not
accepted.
http://sanbernardinocityca.iqm2.com/citize
ns/calendar.aspx
Table 4 – Citizen Participation Outreach
7.b
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources: $
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 3,405,816 17,000 800,368 4,223,184 0
Funding for program year 2020
includes the City's HUD allocation,
estimated program income and
prior year resources.
7.b
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources: $
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA 1,404,784 500,694 1,435,694 3,341,172 0
The City plans to invest its HOME
dollars in an Affordable Rental
Housing Project, Infill Housing
Program (homeownership),
Seccombe Park Rental Housing
Project and Arrowhead Grove Phase
4.
7.b
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources: $
Total:
$
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight shelter
Rapid re-housing
(rental
assistance)
Rental Assistance
Services
Transitional
housing 295,799 0
*Pending Final
Reprogrammed 295,799 0
Assist ESG sub recipients with
funding to assist the Homeless
population with Emergency Shelter,
Motel Vouchers, Rapid Re-Housing,
Rental Assistance, Homelessness
Prevention 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 leverages 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
7.b
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• Section 8 Housing Choice Voucher Program
• Federal Low-Income Housing Tax Credit Program
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
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.
HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction
7.b
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meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2020-2021 match
reductions are not available as of date of this writing. However, 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.
7.b
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If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
As part of 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 coming 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.
7.b
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Preserve and
Rehabilitate
Housing
2020 2024 Affordable
Housing
Citywide Preserve and
Rehabilitate
Housing
HOME: $0 Homeowner Housing
Rehabilitated: 10
Note: Funding for this
program will
commence in FY 2021-
2022 through FY 2024-
2025
2 Improve
Neighborhood
Conditions
2022 2024 Affordable
Housing
Citywide Improve
Neighborhood
Conditions
Home: $0 Rehabilitate Multi-
Family Rental Housing
3 Expand
Homeownership
Opportunities
2020 2024 Affordable
Housing
Eastpointe
Neighborhood
Expand
Homeownership
Opportunities
HOME: $0
NSP: $300,000
Homeownership
housing units added: 2
4 Expand
Homeownership
Opportunities
2020 2024 Affordable
Housing
Citywide Expand
Homeownership
Opportunities
Home: $700,000 Infill Housing Project: 8
7.b
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Sort
Order
Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
5 Expand
Homeownership
Opportunities
2020 2024 Affordable
Housing
Citywide Expand
Homeownership
Opportunities
$210,718 (CHDO) First Time
Homeownership
housing units added: 5
6 Provide Supportive
Services
2020 2024 Homeless
Non-Homeless
Special Needs
Citywide Provide
Supportive
Services
ESG:
$273,614
Public service activities
other than
low/moderate income
housing benefit
Rapid Rehousing: 20
Households Assisted
Homeless Person
Overnight Shelter: 50
Persons Assisted
Overnight/Emergency
Shelter/Transitional
Housing Beds added:
220 Beds
Homelessness
Prevention: 80 Persons
Assisted
7 New Affordable
Housing
Construction or
Rehabilitation
2020 2024 Affordable
Housing
Seccombe Park
Affordable
Rental Housing
HOME:
$1,789,282
New Affordable Rental
Units
8 Affordable
Housing
Construction or
Rehabilitation
2020 2024 Affordable
Housing
Citywide Affordable
Rental Housing
HOME:
$500,000
New construction or
acquisition and
rehabilitation of
existing rental housing:
10
7.b
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Sort
Order
Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
9 Promote Economic
Development
2020 2024 Non-Housing
Community
Development
(Section 108)
Citywide Promote
Economic
Development
CDBG:
$763,021
Jobs created/retained:
214 Jobs
10 Promote Economic
Development
2020 2024 Non-Housing
Community
Development
(Micro-Enterprise)
Citywide Promote
Economic
Development
CDBG: $35,000 Businesses assisted: 10
11 Improve Facilities
and Infrastructure
2020 2024 Non-Housing
Community
Development
Citywide Improve Facilities
and
Infrastructure
CDBG:
$2,671,000
Public Facility or
Infrastructure
Activities other than
Low/Moderate Income
Housing Benefit:
45,000 Persons
Assisted
12 Fair Housing 2020 2024 Affordable
Housing
Fair Housing CDBG: $73,000 Public service activities
for Low/Moderate
Income Housing
Benefit: 2,700
Households Assisted
13 Planning and
Administration
2020 2024 Administration Planning and
Administration
CDBG: $681,163
HOME: $140,478
ESG: $22,185
NSP: $60,000
Other: 1 Other
Table 6 – Goals Summary
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Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal
Description
Funding for Homeowner Housing Rehabilitation. Funding for this program will commence in FY 2021-2022 through FY 2024-
2025.
2 Goal Name Improve Neighborhood Conditions
Goal
Description
The Funding for Rehabilitation of Multi-Family Rental Housing. Funding for this activity will start in year 3 (2022-2023) of
this consolidated plan.
3 Goal Name Expand Homeownership Opportunities
Goal
Description
Funding for adding homeownership housing units – Eastpointe Intentional Housing
4 Goal Name Expand Homeownership Opportunities
Goal
Description
Infill Housing Project
5 Goal Name Expand Homeownership Opportunities
Goal
Description
First-Time Homeownership (CHDO)
6 Goal Name Provide Supportive Services
Goal
Description
Assist homeless and special needs populations with supportive services.
7 Goal Name New Affordable Housing Construction or Rehabilitation
Goal
Description
New affordable rental units at Seccombe Park
7.b
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8 Goal Name Affordable Housing Construction or Rehabilitation
Goal
Description
New affordable housing with supportive services to homeless veterans.
9 Goal Name Promote Economic Development
Goal
Description
Promote economic development and employment opportunities for low and moderate income persons - Micro-Enterprise
($35,000) and Section 108 Repayment Program ($763,021) Debt payment on Section 108.
10 Goal Name Improve Facilities and Infrastructure
Goal
Description
Citywide Concrete Repairs to be done to replace sidewalks and ADA accessibility;
Three park facilities will be improved and renovated with new playground equipment; one being a park having the existing
baseball field converted into Miracle League Park to be ADA compliant;
Encanto Community Center – Phase I – roof replacement/facility repairs.
11 Goal Name Fair Housing
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement and testing.
12 Goal Name Planning and Administration
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.
CDBG Administration: $681,163
HOME Administration: $140,478
ESG Administration: $22,185
7.b
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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; expand homeownership opportunities (infill housing); 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 Fair Housing
2 CDBG - Planning and Administration
3 Promote Economic Development
4 Micro-Enterprise Program
5 New Affordable Housing Construction or Rehabilitation
6 Expand Homeownership Opportunities (NSP)
7 Improve Facilities and Infrastructure
8 Provide Supportive Services and ESG Administration
9 HOME – Planning and Administration
10 Expand Homeownership Opportunities – Infill Housing
11 First Time Homeownership – CHDO 15% Set-Aside
Table 7 - 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 to
addressing underserved needs is insufficient funds to meet the ongoing needs of persons, especially
those with special needs such as the homeless.
7.b
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AP-38 Project Summary
Project Summary Information
7.b
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1 Project Name Fair Housing
Target Area
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 approximately 2700 Low/Moderate Income
Households/Tenants.
Location Description Citywide
Planned Activities IFHMB will provide investigation, education, reconciliation, and/or
referral of housing discrimination complaints free of charge in the City of
San Bernardino. IFHMB offers workshops to educate housing providers,
tenants, homeowners, and financial and lending institutions on fair
housing laws.
2 Project Name CDBG - Planning and Administration
Target Area
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $681,163
Description The City will implement the goals and objectives of the Action Plan by
delivering a variety of housing and community development programs
and activities. The City will also continue to comply with the planning and
reporting requirements of the Action Plan regulations and CDBG, HOME
and ESG regulations. Annually, the City will monitor its use of CDBG,
HOME and ESG funds to ensure effective and appropriate use of funds.
CDBG Administration: $681,163
HOME Administration: $140,478
ESG Administration: $22,185
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Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description 201 North E Street, San Bernardino, CA 92401
Planned Activities Grant and Project Management
3 Project Name Promote Economic Development
Target Area City of San Bernardino – 17 acre site Southwest of East Highland Avenue
and Arden Avenue.
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $763,021
Description Debt payment on Section 108 in order to pursue physical and economic
revitalization that will provide jobs.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
214
Location Description 17 acre site Southwest of East Highland Avenue and Arden Avenue.
Planned Activities Section 108 debt repayment
4 Project Name Micro-Enterprise Program
Target Area 6/30/2021
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $35,000
Description Provide small business development training and support to income
qualified clients who wish to start their own small business.
Target Date 6/30/2021
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Estimate the number
and type of families
that will benefit from
the proposed activities
125 participants who either own their business or are potential business
owners. There will be 5 cohorts with a total of 25 participants in each
cohort.
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 program will partner with the Small Business Administration 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.
5 Project Name New Affordable Rental Housing Construction or Rehabilitation
Target Area
Goals Supported Affordable Rental Housing
Needs Addressed Affordable Rental Housing
Funding HOME: $1,789,282
Description New affordable rental units constructed at Seccombe Park at $1,789,282
and $500,000 for an affordable rental housing project.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description Seccombe Park – 2631 W. 2nd Street San Bernardino, CA
Planned Activities Construction of new affordable rental housing units
6 Project Name Expand Homeownership Opportunities (NSP)
Target Area
Goals Supported Expand Homeownership Opportunities
Needs Addressed Expand Homeownership Opportunities
Funding NSP: $300,000
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Description Eastpointe Intentional Housing
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description Eastpointe Neighborhood
Planned Activities Homeownership Housing units added
7 Project Name Improve Public Facilities and Infrastructure
Target Area
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $2,671,000
Description Three (3) parks will be funded for replacement of playground equipment
in addition to an existing baseball field to be converted into a Miracle
League park to be ADA compliant. A concrete/ADA project will also be
funded to replace sidewalks and ADA accessibility.
Encanto Community Center – Phase I – roof replacement/facility repairs.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Persons with an income level of 30% to 50% of AMI will benefit of the
improvements made to these parks and facility.
7.b
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Location Description The City has proposed to fund the following three (3) parks for
replacement of playground equipment and one of the parks existing
baseball field to be converted in a Miracle League park:
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 Replacement of playground equipment to provide safety for the
community in addition to a Miracle League Park for ADA compliant and
citywide concrete repairs.
8 Project Name Provide Supportive Services and ESG Administration
Target Area Citywide
Goals Supported Provide Supportive Services
Needs Addressed Provide Supportive 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.
7.b
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Location Description 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
7.b
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Planned Activities Planning and Administration of the ESG Program: Grant and Project
Management was funded $22,185
1. Community Action Partnership (CAPS) - will provide homeless persons and
those at risk of homelessness with temporary rental assistance, financial literacy
education and linkages to other support services. The City has awarded CAPS
$54,446 for FY 2020-2021
2. Family Service Association of Redlands (FSA) - will provide Emergency Shelter
(motel vouchers), wraparound services and case management to prevent
homelessness. The City has awarded FSA $63,000 for FY 2020-2021
3. Lutheran Social Services (LSSSC) - will provide Emergency Shelter as a "bridge"
to permanent housing, wraparound services to help homeless men 18 years and
older to achieve self-sufficiency. The City has awarded LSSSC $70,000 for FY
2020-2021.
4. Step Up on Second - will provide supportive services which begin with
engagement and street outreach activities. The City has awarded Step Up on
Second $86,168 for FY 2020-2021
Street Outreach
Total: $86,168
Step Up on Second - $86,168
Emergency Shelter
Total: $78,000
LSS - $50,000
FSA - $28,000
Rapid Re-Housing
Total: $25,000
FSA - $25,000.00
Homeless Prevention
Total: $64,446
CAPS - $54,446
FSA - $10,000
HMIS
Total: $20,000
LSS: $20,000
7.b
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9 Project Name HOME - Planning and Administration
Target Area
Goals Supported Expand Home Ownership Opportunities
Planning and Administration
Needs Addressed Expand Home Ownership Opportunities
Planning and Administration
Funding HOME: $140,478
Description Administration of the HOME program. City staff and consultants will
manage various HOME funded programs; prepare financial documents,
contracts and HUD reports.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description 201 North E Street, San Bernardino, CA 92401
Planned Activities Grant and project management
10 Project Name Expand Homeownership Opportunities – Infill Housing Project
Target Area Waterman & Baseline Neighborhood
Goals Supported Expand Homeownership Opportunities
Needs Addressed Expand Homeownership Opportunities
Funding HOME: $700,000
Description Construction of 56 units. Affordable homeownership opportunities for
low and moderate income families.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description Waterman & Baseline Neighborhood
Planned Activities
11 Project Name First Time Homeownership - CHDO 15% Set-Aside
7.b
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Target Area
Goals Supported Expand Home Ownership Opportunities
Needs Addressed Expand Home Ownership Opportunities
Funding HOME: $210,718
Description New construction of single family homes on vacant City-owned lots.
Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description Citywide
Planned Activities New construction of single family homes on vacant City-owned lots.
Income will range 50% to 80% of Area Median Income (AMI).
7.b
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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. (Appendix B)
The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. (Appendix C)
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.
See attached maps in the Action Plan document as a reference to the geographic distribution.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
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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)
within in the City.
7.b
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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.
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.
7.b
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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 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. 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
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
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.
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One Year Goals for the Number of Households to be Supported
Homeless 38
Non-Homeless 165
Special-Needs 0
Total 203
Table 9 - 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 155
Rehab of Existing Units 48
Acquisition of Existing Units 0
Total 203
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
7.b
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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
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
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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
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 w hich 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.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
According to the San Bernardino County 2020 Homeless Count and Subpopulation Survey, 2,607 persons
in the City of San Bernardino were homeless during the point-in-time (P-I-T) count conducted in January
23, 2020. A total of 123 individuals were sheltered, 128 were sheltered in transitional housing 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 72
homeless persons through street outreach, providing social service referrals to 36 of those 72 persons
and facilitating the placement of 10 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.
The Salvation Army Hospitality House will provide emergency shelter for families and single females.
The Salvation Army Hospitality House provides emergency shelter for women and families experiencing
homelessness. The funding will provide 12 beds for emergency shelter for families experiencing
homelessness and 10 beds/ emergency shelter for single women experiencing homelessness.
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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 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 8
individuals and provided linkage to services to 55 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.
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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 progr ams 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.
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.
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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.
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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-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:
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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
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.
.
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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
Promote economic development and employment opportunities for low and moderate income
persons.
Micro Enterprise
New Affordable Housing Construction or Rehabilitation
Expand homeownership opportunities
Provide Supportive Services
Expand homeownership opportunities – Infill Housing
First-Time Homeownership – CHDO 15% set-aside
Low Priority
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 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
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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 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.
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Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will
continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB,
National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved
with the delivery of housing and social services to low- and moderate-income San Bernardino
residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what
other agencies are doing. Currently, the City is working with the Center for Community Investment and
Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI
and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental
housing in the City. These types of collaborations build the capacity for the City to continue providing
affordable housing.
Actions planned to enhance coordination between public and private housing and social
service agencies
During the next year, the San Bernardino Community & Economic Development Department will
continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce
Development, County Department of Behavioral Health and County Office on Aging and Adult Services
involved with the delivery of housing, supportive services and economic development to low- and
moderate- income San Bernardino residents. Workforce Development, for example, provides job
placement services for person in the County and also provides up to three months of paid on the job
training and any equipment that an employee may require to carry their new job. In the realm of
economic development, the City recently established a partnership with the Mexican Consulate’s
“Emprendedoras” program. The program partners with the Small Business Administration and the City’s
Micro Enterprise program to provide Spanish language training for persons interested in launching a
small business or expanding an existing small business. Through the City’s partnership with the
“Emprendedoras” program, the City will cross promote the services available through Workforce
Development.
Discussion:
The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles
to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint
hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional
structure, and enhance coordination between public and private housing and social service agencies.
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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 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%
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
as follows:
The City does not anticipate using other forms of investment beyond those identified in Section
92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used
for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers
the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance,
the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(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
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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.
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
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.
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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.
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 (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.
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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.
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
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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
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.
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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.
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APPENDIX A
PROOF OF PUBLICATION
DRAFT FY 2020-2021 ANNUAL ACTION PLAN
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APPENDIX B
Map of Low- to Moderate-Income Areas
Within the City of San Bernardino
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APPENDIX C
CITY OF SAN BERNARDINO
ETHNIC AND RACIAL COMPOSITION MAP
Figure 2: Minority Concentration - Hispanic
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APPENDIX C
CITY OF SAN BERNARDINO
ETHNIC AND RACIAL COMPOSITION MAP
Figure 3: Minority Concentration – Black
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APPENDIX C
CITY OF SAN BERNARDINO
ETHNIC AND RACIAL COMPOSITION MAP
Figure 4: Minority Concentration - Asian
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APPENDIX D
CITY OF SAN BERNARDINO
APPLICATION FOR FEDERAL ASSISTANCE (SF 424 & SF 424D)
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APPENDIX E
CITY OF SAN BERNARDINO
FEDERAL CERTIFICATIONS
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Table of Contents
Chapter 1: Introduction ............................................................................................................ 4
A. What is an Impediments to Fair Housing Choice? ................................................... 4
B. What is an Analysis of Impediments to Fair Housing Choice? ............................... 4
C. What is the purpose of the Report? ............................................................................ 4
D. Methodology & Organization ...................................................................................... 5
E. Legal Framework ............................................................................................................. 7
Chapter 2: Public Participation ............................................................................................ 10
A. Community Survey ........................................................................................................ 10
B. Stakeholder Interviews ................................................................................................. 10
C. Pop-Up Events and Focus Group Meetings ............................................................ 12
D. Community Meetings ................................................................................................... 12
E. Public Review and Hearings ....................................................................................... 13
Chapter 3: Community Profile .............................................................................................. 14
A. Demographic Profile .................................................................................................... 15
B. Race and Ethnicity ........................................................................................................ 18
C. Housing Profile ................................................................................................................ 24
D. Employment and Workforce ...................................................................................... 38
E. Homeless ......................................................................................................................... 40
F. Public Transit and Train Services ................................................................................. 41
Chapter 4: Lending Practices ............................................................................................... 43
A. Laws Governing Lending ............................................................................................. 43
B. Conventional Loans Versus Government-Backed Loans ..................................... 45
C. Home Mortgage Disclosure Act and Data Analysis .............................................. 47
Chapter 5: Public Policies ...................................................................................................... 51
A. Housing Element Law and Compliance .................................................................. 51
B. Land Use Element .......................................................................................................... 51
C. Development Code ..................................................................................................... 53
Chapter 6: Fair Housing Profile .............................................................................................. 58
A. Fair Housing Practices in the Homeownership Market .......................................... 58
B. Fair Housing Practices in the Rental Housing Market ............................................ 60
C. Fair Housing Services and Statistics ........................................................................... 62
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Chapter 7: Fair Housing Progress .......................................................................................... 67
G. Impediment: Housing Discrimination ........................................................................ 67
H. Impediment: Public Policies and Programs Affecting Housing Development 67
I. Impediment: Lending Practices ................................................................................. 70
J. Impediment: Demographics ...................................................................................... 71
K. Impediment: Housing Market Conditions ................................................................ 72
Chapter 8: Fair Housing Action Plan .................................................................................... 73
A. Data Collection and Engagement Conclusions .................................................... 73
B. Setting Fair Housing Priorities and Goals................................................................... 73
C. Contributing Factors to Fair Housing Issues .............................................................. 73
D. Priority Goals and Actions ........................................................................................... 76
Goal 1 ..................................................................................................................................... 77
Goal 2 ..................................................................................................................................... 77
Goal 3 ..................................................................................................................................... 78
Goal 4 ..................................................................................................................................... 78
Goal 5 ..................................................................................................................................... 79
E. Regional Collaboration ................................................................................................ 80
APPENDIX A: Community Engagement Summary ........................................................... 81
A Introduction .................................................................................................................... 81
B Community Meetings ................................................................................................... 81
C Stakeholder Interview Summary ................................................................................ 84
D Pop Up Events ................................................................................................................ 87
E Housing Summit ............................................................................................................. 90
F Community Needs Survey ........................................................................................... 95
Index of Tables, Figures, Graphs, and Maps ...................................................................... 97
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Chapter 1: Introduction
The City of San Bernardino (the City) is a recipient of funds from the U.S. Department
of Housing and Urban Development (HUD). As such, the City is required to conduct
an Analysis of Impediments to Fair Housing Choice (AI).
A. What is an Impediments to Fair Housing Choice?
Fair housing is a condition in which people of similar income levels, living in the same
housing market, have a similar range of choice regardless of characteristics
protected under State and Federal laws. The U.S. Department of Housing and Urban
Development defines impediments to fair housing choice as:
Any actions, omissions, or decisions taken because of race, color, ancestry,
national origin, religion, sex, disability, marital status, familial status, or any other
arbitrary factor which restricts housing choices or the availability of housing
choices; or
Any actions, omissions, or decisions which have the effect of restricting housing
choices or the availability of housing choices based on race, color, ancestry,
national origin, religion, sex, disability, marital status, familial status or any other
arbitrary factor.
B. What is an Analysis of Impediments to Fair Housing Choice?
An Analysis of Impediments to Fair Housing Choice (AI) is an assessment of how laws,
policies, real estate practices, and local conditions affect the location, availability,
and accessibility of housing. The analysis of their impact on housing choice can
highlight areas where corrective actions might broaden the housing options of
persons protected by fair housing laws.
C. What is the purpose of the Report?
Through the AI , jurisdictions examine the affordability of housing with an emphasis on
affordability for households with annual incomes classified as low income and less.
Low income is defined as equal to or less than 80 percent of the adjusted area
median family income as most recently published by the U .S. Department of Housing
and Urban Development (HUD).
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This AI has three major goals:
Goal 1: Provide an overview of the City and current conditions as they impact fair
housing choice.
Goal 2: Review the City’s policies and practices as they impact fair housing choice
and the provision of housing, specifically affordable housing and housing for
special needs households.
Goal 3: I dentify impediments to fair housing choice and actions the City will take to
remove those impediments or to mitigate the impact they have on fair
housing choice.
Fulfilling these goals involves:
A review of the laws, regulations, and administrative policies, procedures, and
practices of the City.
An assessment of how those laws affect the location, availability, and
accessibility of housing.
An assessment of conditions, both public and private, affecting fair housing
choice.
D. Methodology & Organization
Pursuant to HUD guidance, jurisdictions are not required to collect new data and
can use existing data to analyze potential impediments to fair housing choice. For
this AI, the City employed the following data sources:
American Community Surveys (2013-2017)
Decennial Census Data (1990-2010)
Home Mortgage Disclosure Act (HMDA) Data (2018)
San Bernardino Consolidated Annual Performance and Evaluation Reports
San Bernardino Consolidated Plan (2020-2024)
San Bernardino General Plan (2005)
San Bernardino Housing Element (2013 -2021)
San Bernardino Zoning Ordinance
U.S. Department of Housing and Urban Development
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Organization of the Report
This report is divided into eight chapters, including this introduction, as described
below.
Chapter 1: Introduction explains the purpose of the AI, describes its methodology
and organization, and outlines its legal framework.
Chapter 2: Public Participation discusses outreach efforts undertaken for the
development of the AI . Outreach results include comments received during the
public review draft AI, community engagement and stakeholder meetings.
Chapter 3: Community Profile presents demographic information and income
characteristics in the City, including the number and percentage of persons by age,
ethnicity, familial status, and disability. The housing profile includes the number of
housing units by type, cost, overcrowding condition, and housing cost burden.
Income characteristics include the distribution of low- and moderate-income
population by census tract.
Chapter 4: Lending Practices assesses the access to financing for different groups.
Predatory and subprime lending issues are also discussed.
Chapter 5: Public Policies analyzes public policies and actions that may impede fair
housing in the city, such as those contained in the City’s Housing Element, Land Use
Element, and Zoning Ordinance.
Chapter 6: Fair Housing Profile provides information on the institutional structure of the
homeownership and rental markets in the City. It also includes local, state, and
federal data on fair housing complaints.
Chapter 7: Fair Housing Progress evaluates the progress toward recommendations
made in the previous AI’s Action Plan.
Chapter 8: Fair Housing Action Plan summarizes the findings regarding fair housing
issues in the City and provides recommendations for furthering fair housing practices.
Appendix B: Community Engagement Summary describes the community outreach
program and summarizes input from residents, agency representatives, and other
stakeholders.
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Funding Source
Preparation of this report was funded with Community Development Block Grant
(CDBG) administration funds.
E. Legal Framework
Fair housing choice grants provide individuals the opportunity to choose where they
wish to live. To ensure that all individuals and families are given equal access to
housing, the federal government and the State of California have enacted the
following laws listed below to prohibit subtle and overt forms of housing
discrimination.
HUD’s Office of Fair Housing and Equal Opportunity has played a lead role in
enforcing the Act since its adoption in 1968. The Act prohibits discrimination in the
sale, rental, and financing of dwellings based on race, color, religion, national origin,
sex, familial status (presence of child under the age of 18, and pregnant women),
and or disability. Because housing choice is so critical to personal development, fair
housing is a goal that government, public o fficials, and private citizens must
embrace if social equality is to become a reality.
Federal Laws
Federal Fair Housing Act
The Act is the protection against discrimination in housing on the federal level. After a
lengthy legislative battle, urban riots, and the assassination of Dr. Martin Luther King
Jr., the Act was enacted in 1968. It extended the general disclination protections
included in the 1964 Civil Rights Act into the housing market. The Act prohibits
discrimination in housing based on a perso n’s race, color, religion, gender, disability,
familial status, or national origin. In addition, HUD issued a Final Rule on February 3,
2012 that prohibits entitlement communities, public housing authorities, and other
recipients of federal housing resources from discriminating based on actual or
perceived sexual orientation, gender identity, or marital status. Persons who are
protected from discrimination by fair housing laws are referred to as members of the
protected classes.
The Act covers “dwellings” which are defined as structures designed or occupied as
residences or land offered for sale where a residence will be built. A “dwelling” is
broadly defined and can include a homeless shelter or a summer home. In some
circumstances, exemptions to the Act include the following: owner-occupied
buildings with no more than four units, single -family housing sold or rented without the
use of a broker, and housing operated by organizations and private clubs that limit
occupancy to members.
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Equal and unimpeded access to residential housing is a fundamental civil right that
enables members of protected classes, as defined in the Act, to pursue personal,
educational, employment, or other goals. Because housing choice is so critical to
personal development, fair housing is a goal that government, public officials, and
private citizens must embrace if social equity is to become a reality. Other federal
laws relevant to fair housing are included in Appendix A.
Reasonable Accommodations
The Fair Housing Amendments Act requires housing providers to make reasonable
accommodations if it is necessary for people with disabilities to live in and use the
housing. Accommodations may include interior or exterior modifications, such as
installation of ramps, or modification s of rules, policies, or practices, such as allowing
guide dogs in a building that has a no pet policy.
Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender
Identity
On February 3, 2012, HUD issued a rule to ensure fair and e qual access to housing
regardless of sexual orientation, gender identity, nonconformance with gender
stereotypes, or marital status. The rule requires that a determination of eligibility for
housing assisted by HUD be made without regard to actual or perce ived sexual
orientation, gender identity, or marital status. The rule also included a definition for
sexual orientation and gender identity and expanded the definition of family in most
of HUD's programs.
On September 21, 2016, HUD issued the Gender Identity Rule, which ensures that all
individuals have equal access to HUD’s shelter programs in accordance with their
gender identity and without being subjected to intrusive questioning or being asked
to provide documentation.
California Laws
Fair Employment and Housing Act
The California Fair Employment and Housing Act is a California statute that prohibits
employment and housing discrimination based on ancestry and national origin, race
and color, religion and creed, age, mental and physical disability, se x and gender,
sexual orientation, source of income, gender identity and expression, medical
condition and genetic information, marital status, and military and veteran status.
Unruh Civil Rights Act
The Unruh Civil Rights Act prohibits discrimination by all business establishments,
including housing accommodations , based on race, color, religion, ancestry,
national origin, disability, medical condition, genetic information, marital status,
sexual orientation, citizenship, primary language, or immigration status.
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Ralph Civil Rights Act
The Ralph Civil Rights Act prohibits violence or threats of violence based on race,
color, religion, ancestry, age, disability, sex, sexual orientation, political affiliation, or
position in a labor dispute.
Bane Civil Rights Act
The Bane Civil Rights Act prohibits interference or attempted interference with
someone’s state or federal statutory or constitutional rights, including equal access to
housing.
Senate Bill 329
Mostly recently, Governor Gavin Newsom signed Senate Bill 329. The bill expands the
definition of “source of income” to include income paid to a housing owner or
landlord on behalf of a tenant, including federal, state, or local public assistance or
subsidies. Therefore, SB 329 expands fair housing protect ions to recipients of Section 8
vouchers.
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Chapter 2: Public Participation
The public participation process for the AI sought input from community members
and stakeholders. Methods included on -line and paper surveys for community
members, stakeholder interviews, community meetings, and pop-up events. The AI
development engagement process took place in November, December, and
January. The process concluded with a 30-day public review period and a public
hearing.
A. Community Survey
The City prepared a Community Needs Survey
in both English and Spanish and provided
online links and paper copies for distribution.
The survey was promoted at scheduled project
community meetings, Housing Summit , and
pop-up events. The survey link was posted on
the City’s website, stakeholder newsletters,
social media posts and on flyers distributed at
community events. The survey period was from
December 9, 2019 to February 28, 2020. The
City received approximately 1,011 responses.
Of which 88 percent were residents, 55
percent were homeowners.
The survey sought community input on the
City’s most pressing needs in the areas of
housing, community facilities, infrastructure,
homelessness, community services, and
economic development.
Survey summaries of the English and Spanish
versions is included in Appendix B –Community
Engagement Summary.
B. Stakeholder Interviews
The City also conducted interviews and an on-
line stakeholder survey to gather input from stakeholders. They represent housing,
health, education, employment, faith -based, service delivery, and professional
service organizations. The interviews and survey posed questions about community
facilities, community services, infrastructure, residents with special needs,
neighborhood services, business and job services, housing services, and housing
facilities.
KEY TAKEWAY: Most Important
Community Needs:
Job readiness, creation of new
and job-generating businesses,
college readiness
Homeless services, homeless
emergency/ overnight shelters
and permanent supportive
housing, rent assistance
New affordable housing, first-
time homebuyer program,
renter-occupied rehabilitation
and accessibility improvements
Community and youth centers,
parks, and healthcare
Infrastructure improvements
(streets and sidewalk repairs),
lighting, safe routes to school
Social programs; at-risk youth,
children’s after school/summer,
and youth activities
Figure 1: Key Takeaways Community Survey
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Stakeholder interviews included representatives
from the following organizations:
California State University – San
Bernardino
Catholic Charities of San Bernardino and
Riverside Counties
Dignity Health
Hope through Housing
Salvation Army
Omni Trans
Continuum of Care – San Bernardino
County
Center for Employment Opportunities
Inland Congregations United for Change
Inland Fair Housing and Mediation Board
Mental Health Systems
National Core Renaissance
Neighborhood Partnership Housing
Services, Inc.
San Bernardino County Department of
Behavioral Health
A list of stakeholder interviews and the
stakeholder survey are included in Appendix B
–Community Engagement Summary.
KEY TAKEWAY: Critical Needs
Identified by Stakeholders
Increase in housing inventory
– an increased supply will
help all, including the Latino
and African American
population
Improve perceptions of San
Bernardino (negative
perception deters private
investment)
Address discrimination,
particularly race or ethnicity
discrimination
Raise awareness about
homelessness using
humanistic stories that go
beyond the data
Support a growing population
of homeless seniors
Decrease dependency on
government and draw
foundations and corporations
into the solutions
Create pathways to
employment
Figure 2: Key Takeaways Critical Needs
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C. Pop-Up Events and Focus Group Meetings
Four Pop-Up events were attended including a local football game, San Bernardino
Fest 2019 Airshow, Housing Authority County of San Bernardino, and City of San
Bernardino Winter Wonderland. Common themes derived from the events include:
o Most critical economic development need. Job creation/job generating
businesses
o Most important areas of need. Affordable housing and services for the
homeless
o Most critical homelessness needs. Transitional housing and emergency shelters
o Most critical community services. Youth activities and children after
school/summer programs
o Most critical infrastructure needs. Repaving of streets, street lighting
o Most critical housing needs. First-time homebuyer’s assistance, construction of
new affordable units and housing for larger families
D. Community Meetings
Community meetings were attended by representatives of Neighborhood
Partnership Housing Services, Inc., Executive Director of Akoma Unity Center, National
CORE, Dignity Health, Accelerating Investment for Healthy Communities (AIHC),
Housing Authority County of San Bernardino, Hope Through Housing Foundation, and
Executive Director of Community Engagement for the San Bernardino City Unified
School District. Six community eng agement meetings were held at the following
locations:
Rezek Center – St. Bernardine Medical Center, 2101 N. Waterman Ave, San
Bernardino, Tuesday, January 21, 2020, 11 AM – 1 PM
Akoma Unity Center 1367 N California St, San Bernardino , Saturday, January 18,
2020 9:30 AM (Set-Up) – 11:30 AM
Maplewood Homes 906 Wilson St, San Bernardino , Wednesday, January 22,
2020 4PM – 5PM
Olive Meadows 610 East Olive Street, San Bernardino , Thursday, January 23,
2020 4PM – 5PM
Valencia Vista 950 N Valencia Ave, San Bernardino, Thursday , January 23, 2020
5PM – 6:30PM
San Bernardino Valley College 701 S Mt Vernon Ave, San Bernardino , Friday,
January 24, 2020 9AM – 10:30 AM
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There were eight re-occurring themes including:
1. Affordable housing
2. Target areas for redevelopment and safety
3. Community services needed
4. Homeless/homeless prevention services
5. Infrastructure needs
6. City communications
7. Jobs and employment
8. Crime safety. A summary of the input received during popup engagement
and focus groups is included in Appendix B –Community Engagement
Summary.
E. Public Review and Hearings
The AI was completed concurrently with the City’s 2020-2025 Consolidated Plan. Two
public hearings were held, March 18, 2020 and April 15, 2020. A public review draft
and comment of the AI and the Consolidated Plan was available for a 15-day
review period from February 27, 2020 through March 18, 2020. A public review draft
of the AI and the Consolidated Plan was available for a 30-day public review period
from March 12, 2020 through April 15, 2020. Public Hearings were advertised in the
San Bernardino Sun and El Chicano. The AI was also made available on the City’s
website, City of San Bernardino Public Information Center, Community and
Economic Development Department, and Feldhey m Central Library. All written
comments received relative to impediments to fair housing will be documented and
reviewed by the City. City Council is responsible for holding a public hearing to
discuss and adopt the final AI report.
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Chapter 3: Community Profile
Various characteristics affect housing choice for people and households with similar
income levels, in the same housing market. Therefore, unders tanding the social,
racial, economic, and other population characteristics and how they change over
time is crucial to evaluating current and future housing needs and housing choice
among characteristically different populations and households.
The City of San Bernardino is the most populous city in the County of San Bernardino
and one of the oldest communities in the State of California. Throughout the years,
the City has experienced economic vitality, built on agriculture, railroads, and
distribution. In the latter half of the 1900s, with changing market conditions, high rates
of population growth, and overall development patterns, and other social ,
economic, and cultural change throughout the Inland Empire, the City experienced
significant change. The changes have had a more acute impact on vulnerable
populations.
This Community Profile compiles information about population change, incomes,
household characteristics, and housing costs, which influence housing choice.
KEY TAKEWAY: Vulnerable Residents
The City’s most vulnerable residents tend to include those who are:
Disabled and elderly
Living in poverty,
Members of the Latino and/or African American communities,
Homeless.
For the City, particularly for residents who do/may experience discrimination
and live in areas of concentrated poverty, critical needs include good,
accessible jobs and housing options.
Workforce
Development
Living Wages & Job-
Generating
Businesses
A Larger, More
Diverse Housing
Stock
Figure 3: Key Takeaways Vulnerable Residents
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A. Demographic Profile
Information in this section is primarily based o n the 2013-2017 American Community
Survey (ACS). I n some cases, data from the 2006-2010 ACS estimates and the 2010
U.S. Census have been used to detect trends.
Population Growth
City population growth has slowed since 2010. Between 2000 and 2010, the City grew
by 12.8% percent. In the following decade, growth slowed to about 3 percent
between 2010 and 2017. According to the 2013-2017 ACS estimates, the City’s
population was 215,252, which is much lower than the growth forecast in the
Southern California Association of Government’s (SCAG) 2012 Regional
Transportation Plan. Based on projections prepared by SCAG, the City was projected
to reach 231,200 people by 2020. To reach that projection, the City would need to
achieve a 7 percent increase between 2017 and 2020, which is unlikely when
compared to the prior growth rate of 3 percent and the comparably low growth
rates in the County of San Bernardino and the State of California.
The population increase over time is shown in Table 1 along with a comparison to the
County of San Bernardino and the State of California.
Population Increase
2000 2010 2017
Percentage
Change 2010-
2017
San Bernardino 185,401 209,174 215,252 3%
County of San
Bernardino 1,709,434 2,005,287 2,121,220 5%
State of California 33,871,648 37,253,956 38,982,847 4%
Table 1: Population Increase
Source: 2000, 2010, 2013-2017 ACS 5-Year Estimates
Population growth is significantly lower than regional 2020 projection.
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Age Characteristics
Age is an important factor when evaluating housing needs. As people age, they
pass through different stages associated with changing family types and sizes,
education and training that influence earning capacity , physical abilities, mental
faculties, and overall independence. Together, these and cultural norms correspond
to different housing needs over time. The ability to fill those needs depends on
available housing options in both the rental and ownership markets.
According to the 2013-2017 ACS
estimates, and as shown in Figure 4, San
Bernardino has a higher percentage of
young people than the County in every
category from birth to 39 years old.
Within that age range, those between
20 and 24 years of age make up the
largest segment of the total population
at 9.4 percent. The second and third largest age groups are children under 5 years
old and 5 to 9 years old at 8.5 percent and 8.8 percent, respectively.
Largest Age Groups in Order
20-24 years old (9.4%)
5-9 years old (8.8%)
Under 5 years old (8.5%)
Figure 4: Age Distribution
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0%1%2%3%4%5%6%7%8%9%10%
Under 5 years
5 to 9 years
10 to 14 years
15 to 19 years
20 to 24 years
25 to 29 years
30 to 34 years
35 to 39 years
40 to 44 years
45 to 49 years
50 to 54 years
55 to 59 years
60 to 64 years
65 to 69 years
70 to 74 years
75 to 79 years
80 to 84 years
85 years and over
City County
Age Distribution in San Bernardino City and County
Source: 2013-2017 ACS 5-Year Estimate
Graph 1: Age Distribution in San Bernardino City
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B. Race and Ethnicity
Race and ethnicity can have implications for housing choic e as a result of
discrimination or economic variables that may correlate with race. According to the
2013-2017 ACS estimates and as shown in Table 2, Hispanic populations of any race
and White Alone populations were the two largest race/ethnic groups in the City,
representing 64.3 percent and 57.4 percent of the total population, respectively.
Black or African American populations represent just over 14 percent of the total
population. Compared with the 2006-2010 ACS estimates, the Hispanic and White
populations have increased however, the black or African American population has
decreased.
Residential Segregation
Residential segregation refers to the degree to which groups live separately from one
another. Segregation is complex, difficult to generalize, and influenced by many
factors. Individual choices can certainly be a cause of segregation, when residents
choose to live among people of their own race/ethnic group. This does not mean
that they prefer ethnically homogeneous neighborhoods, but that they feel more
comfortable where members of their group are commonly found. However,
individual choices may also be constrained by factors outside an individual’s control.
A large factor in residential segregation is related to housing market dynamics.
Availability of affordable housing and discrimination can also affect residential
segregation.
Race and Ethnicity
2006-2010 2013-2017
# % # %
White alone 97,283 46.5% 123,583 57.4%
Black or African American alone 33,684 16.1% 30344 14.1%
American Indian and Alaska Native alone 1,606 0.8% 1593 0.7%
Asian alone 8,916 4.3% 9,602 4.5%
Native Hawaiian and Other Pacific
Islander alone 534 0.3% 433 18.5%
Some other race alone 59,271 28.3% 39,759 18.5%
Two or more races 7,880 3.8% 9,933 4.6%
Total 209,174 100% 215,252 100%
Hispanic or Latino (of any race) 121,583 58.1% 138,349 64.3%
Not Hispanic or Latino 87,591 41.9% 76,903 35.7%
Table 2: Race and Ethnicity
Source: 2006-2010 ACS 5-Year Estimates, 2013-2017 ACS 5-Year Estimates
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Language Spoken
Housing may not be refused based on a resident’s birthplace or ancestry, nor can
housing providers take advantage of a person’s inability to read, write, speak, or
understand English to deny access. Those with limited English proficiency (LEP) can
face unique challenges in meeting their housing needs, so recipients of federal
financial assistance are required to provide access to programs to LEP citizens. This
condition applies to HUD funds that are allocated to the City.
While housing needs do not vary with language spoken, language is an important
population characteristic because it may influence discriminatory practices and
should be considered when establishing goals and actions to further fair housing. Of
the City’s total population, 48.7 percent speak only English, 46.5 percent speak
Spanish, 3.4 percent speak Asian and Pacific Islander languages, and less than 2
percent speak other Indo-European languages or other non-specified languages.
Language Spoken at Home
Number %
Population 5 years and over 196,983 100.0
-English only 95,891 48.7
-Language other than English 101,092 51.3
Speak English less than "very well" 41,044 20.8
-Spanish 91,525 46.5
Speak English less than "very well" 36,438 18.5
-Other Indio-European languages 1,531 0.8
Speak English less than “very well” 520 0.3
-Asian and Pacific Island languages 6,618 3.4
Speak English less than "very well" 3,426 1.7
-Other languages 1,418 0.7
Speak English less than "very well" 663 0.3
Table 3: Languages Spoken at Home
Source: 2013-2017 ACS 5-Year Estimates
The dissimilarity index is the most used measure of segregation between two groups,
reflecting their relative distributions across neighborhoods (as defined by census
tracts). The index represents the percentage of the minority group that would have
to move to new neighborhoods to achieve integr ation of that group. An index score
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can range in value from 0 percent, indicating complete integration, to 100 percent,
indicating complete segregation. An index number above 60 is considered high
similarity and segregated. An index number of 31 to 60 is c onsidered moderate
segregation and values of 30 or below are considered low levels of segregation.
Table 4 represents dissimilarity indices for the City. In 2010, segregation was highest
between Asians and Hispanics at an index of 40.4, followed by white and Hispanic
populations, with an index of 39.4. The lowest segregation was between black and
Hispanic residents with an index of 24.6. Overall San Bernardino has become more
integrated, having a healthier mix of ethnicities.
Index of Dissimilarity
1980 1990 2000 2010
White - Black 65.1 49.8 37.4 33.1
White - Hispanic 53.4 49.7 43.1 39.4
White - Asian 26.6 32.2 38.4 36.6
Black - Hispanic 41.7 31.2 25.1 24.6
Black - Asian 59.5 36.3 35.2 32.8
Hispanic - Asian 49.5 38.1 38.6 40.4
Table 4: Index of Dissimilarity
Source: Diversity and Disparities, American Communities Project
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Minority Concentration and Concentrated Areas of Poverty
HUD requires jurisdictions to identify areas of minority concentrations. Minority
population is defined as the total population less those who responded “White
alone” to the U.S. Census. Concentrations are classified through census tract block
groups whose populations of a race or ethnic group are greater than the citywide
proportion.
Block group areas where the percentage of total minority population exceeds the
group’s citywide total percentage are areas of “minority concentration.” Areas that
have a minority population at least two times the citywide total percentage are
areas of “high minority concentration.” Using this criteria and data from HUD’s data
tool for affirmative fair housing, the following census tracts had a high minority
concentration.
The Minority Concentration map (Figure 2) shows the predominant race/ethnicity per
census tract. Census tracts in the City have a concentration of minority citizens. The
Hispanic population is distributed widely across the City . A few census blocks have
predominantly white populations, which are located in the northern half of the city.
Two census blocks on the southern edge are primarily populated by Asian
households.
Census tracts with a household poverty rate of 40 percent or above and a
majority/minority population are referred to as Racially/Ethnically Concentrated
Areas of Poverty (R/ECAP). Figure 3 displays R/ECAP census tracts in green. Most
R/ECAPs are in the center of the City.
Poverty has an adverse impact on housing choice. The limitation to affordable
housing can compromise health, safety, and services that ho useholds needs to live.
American Indian and Alaska Native groups have the highest percentage of poverty
across all racial and ethnic groups with 38.6 percent.
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Minority Concentration in and Near City of San Bernardino
Map 1: Minority Concentration
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Racially or Ethnically Concentrated Areas of Poverty
Map 2: Racially or Ethnically Concentrated Areas of Poverty
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C. Housing Profile
The household profile, which outlines characteristics of San Bernardino’s households,
aids in understanding housing needs. Households with different characteristics face
different impediments in the housing market. Various household characteristics may
affect equal access to housing, including household type, size, and income level. A
household, as defined by the U.S. Census Bureau, includes all the persons who
occupy a housing unit, which may include a single family, one person living alone,
two or more families living together, or any other group of related or unrelated
persons who share living arrangements.
Household Size
The number of San Bernardino households increased between 2015 and 2017, from
57,580 to 58,046 households. As shown in Table 5, the majority of the City’s
households are families (75 percent). Approximately 3.5 percent of households are
female-headed single-parent households living with their own children. In 2010, the
average household size in the City was 3.42 persons per house hold, and in 2017 it
was 3.52. About 23 percent of San Bernardino households included at least one or
more elderly persons.
Table 5: Housing Types
Source: 2006-2010, 2013-2017 ACS 5-Year Estimates
Household Type
Total Households Number # Percent %
Family households 43,624 75.2%
With own children under 18 yrs 22,881 39.4%
Married couple with family 23,799 41.0%
With own children under 18 yrs 11,981 20.6%
Female householder, no husband present 14,218 24.5%
With own children under 18 yrs 8,242 14.2%
Nonfamily households 14,422 24.8%
Householder living alone 11,144 19.2%
Householder 65 years and over 4,205 7.2%
Households with individuals under 18 years 27,423 47.2%
Households with individuals over 65 years 13,450 23.2%
Average household size 3.52
Average family size 4.02
Source: 2013-2017 ACS 5-Year Estimates
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Table 6: Housing Tenure
Source: 2006-2010, 2013-2017 ACS 5-Year Estimates
Special Needs Populations
Certain groups may have difficulty finding housing in the City and may require
specialized services, assistance, and accommodations. Due to challenges that
accompany special needs, these people may be more likely to earn extremely low
to low incomes. Special needs groups include the elderly, disabled persons (mental,
physical , and/or developmental), veterans, persons with HIV/AIDS, single -parent
households (male and female), large households, and homeless persons.
Seniors
Persons age 65 years and older 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, seniors may face difficulty in finding housing
and may become victims of housing discrimination or fraud. According to the 2013 -
2017 ACS estimates, approx imately 18,597 seniors resided in the City, representing 8.6
percent of the total population. The senior population is growing at a faster pace
than the overall population. Between 2010 and 2017, the total number of seniors in
San Bernardino increased by more than 12 percent, while the City’s total population
between those two years increased by only 2.5 percent. Seniors are distributed
among 23 percent of households in San Bernardino wherein at least one or more
persons are 65 or older.
Persons with Disabilities
Physical, mental, and/or developmental disabilities may prevent a person from
working, restrict one’s mobility, or make self-care difficulty. Disabled persons
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. In addition, persons with self -care and
mobility limitations may require special housing design features such as wheelchair
ramps, grab bars, special bathroom designs, wider doorway openings, and other
features.
Housing Tenure (Occupied Units)
Tenure 2010 2017
Units % Units %
Owner-Occupied 31,662 52.0% 27,137 46.8%
Renter-Occupied 29,294 48.0% 30,909 53.2%
Total Occupied Housing
Units 60,956 100% 58,046 100%
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According to the 2013-2017 ACS estimates, 12.8 percent of San Bernardino residents
reported a disability. This is an increase from the 2008 -2012 ACS estimates, which
estimated 12 percent of the population had one or more disabilities. About 18
percent of the black or African American population reported a disability, which
means that black or African Americans reported a disability at a higher rate.
Disability is also categorized by age. 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 disabilit y, which is approximately 5 percent higher
than the County level.
Persons with Disabilities
Subject
Estimate
Total With a
disability
Percent
with a
disability
Total civilian noninstitutionalized population 209,082 26,794 12.8%
SEX
Male 105,780 13,240 13.1%
Female 109,472 13,554 12.6%
RACE AND HISPANIC OR LATINO ORIGIN
White alone 123,583 15,013 12.4%
Black or African American alone 30,344 5,165 18.0%
American Indian and Alaska Native alone 1,598 264 17.7%
Asian alone 9,602 1,178 12.4%
Native Hawaiian and Other Pacific Islander alone 433 43 10.1%
Some other race alone 39,759 4,176 10.8%
Two or more races 9,933 955 9.9%
White alone, not Hispanic or Latino 32,877 7,139 23.1%
Hispanic or Latino (of any race) 138,349 12,892 9.5%
AGE
Under 5 years 18,269 69 0.4%
5 to 17 years 46,196 2,390 5.2%
18 to 34 years 60,139 4,497 7.8%
35 to 64 years 72,051 11,378 16.5%
65 to 74 years 14,283 4,228 38.5%
75 years and over 7,314 4,232 60.9%
Table 7: Persons with Disabilities
Source: 2013-2017 ACS 5-Year
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. As discussed
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above, the rate of disability tends to increase with age; as the City’s population
ages, the need for accessible senior housing is expected to increase. The 2013 -2017
ACS estimates showed that 14.8 percent or 2,659 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.
Large Households and Families with Children
The size and composition of large households vary from family to family and home to
home. Large households often are families with three or more children or households
with extended families including in -laws or grandparents. They are considered a
special needs group because of the limited availability of adequately sized,
affordable housing units. To afford shelter in addition to food, clothing, and medical
care, very low- and low-income large households may live in overcrowded
conditions.
Families with children may face discrimination or differential treatment in the housing
market. Some landlords may charge large households a higher rent or security
deposit, limit the number of children in a complex, limit the time children can play
outdoors, or choose to not rent to families with children. According to the 2013-2017
ACS estimates, there were approximately 58,046 total households in the City, of
which 43,624 were families. Within the count of families, there were 17,188 families
with their own children un der 18 years old (or 29.6 percent of the total household
population). Table 8 shows the number of large households residing the City in the
years 2000 (6,555), 2010 (8,022), and 2017 (14,267). In 2010, there were 8,022 large
households and in 2017, there were 14,267 large households representing an increase
of 77.8%.
Large Households
2000 2010 2017
# % # % # %
5 persons 3,206 10.9% 5 persons 3,577 11.9% 5 persons 6,795 11.7%
6 persons 1,815 6.1% 6 persons 2,059 6.9% 6 persons 4,144 7.1%
7+ person 1,534 6.2% 7+ person 2,386 8.0% 7+ person 3,328 5.7%
Table 8: Large Households
Source: 2000, 2010, 2013-2017 ACS 5-Year Estimates
Single-Parent Households
Single-parent families, particularly female-headed families, often require special
consideration and assistance due to more limited resources in having a one person -
heading up the household versus two. There is a greater need for affordable housing
and accessible daycare, healthcare, and other supportive services. Because of
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more limited resources, and relatively lower income and higher burden of living
expenses, female-headed families have more limited opportunities to find
affordable, healthy, and safe housing. Female-headed families may also be
discriminated against in the rental housing market because some landlords are
concerned about the ability of these households to make regular rent payments.
Consequently, landlords may require more stringent credit checks for women, which
would be a violation of fair housing law.
Single Parent Households
City County
Total Households 58,042 623,642
# of Single Parent Households 10,900 77,378
% of Single Parent Households 18.8% 12.4%
Table 9: Single-Parent Households
Source: 2013-2017 ACS 5-Year Estimate
Data from the 2013-2017 ACS estimates is limited on the breakdown of single male - or
female-headed household families with children. Male householders with no wife
present totaled 23,799 households and female householders with no husband
present totaled 14,218 households.
According to the 2010 Census, there were a total of 59,283 households in the City
and 24,979 households with children. Households with a male householder (no wife
present) with their own children were 2,819 (or 4.8 percent of the household
population) and households with a female householder (no husband present) with
their own children were 7,930 (or 13.3 percent of the household population).
Married couple families with children under 18 years old had a poverty rate of 22.1
percent, whereas the rate was 54.1 percent for female householder -headed families
with children under 18 years old with no husband present (2013-2017 ACS estimates).
Therefore, households with a female householder (no husband present) with children
under 18 years old have higher rates of poverty.
Furthermore, per 2013-2017 ACS estimates, families with two people had a poverty
rate (as defined by HUD standards of family in come -- $16,240 or less for family of
two1) of 7.5 percent and families with five people had a poverty rate of 22.4 percent
($28,780 or less). Larger families faced a significantly higher rate of poverty. The 2013 -
2017 ACS estimates identified 36.2 percent of families in San Bernardino as families
1 The bottom quintile households receive on average $45,000 in government transfers, (such as food stamps, Medicare,
Medicaid etc.) which the Census Bureau does not count as income, thus understating household’s resources and
overstating poverty status. (Source: Phil Gramm and Joh F. Early The Truth About Income Inequality WSJ 11/4/19).
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with children living below the poverty level. According to the 2018 Census estimate,
the overall poverty rate for the City was 11.8 percent. Family households with
children are therefore more likely to be living below the poverty level.
Persons with HIV/AIDS
For persons living with HIV/AIDs, access to safe, affordable housing, along with quality
healthcare, are the primary contributing factors to their overall well -being. The
National Commission on AIDS states that up to half of all Americans with 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. Biases such
as stigmatism associated with their illness and perceived sexual orientation can add
to the difficulty of obtaining and maintaining housing. Persons with HIV/AIDS may also
require a broad range of services, including counseling, medical care, in -home care,
transportation assistance, and food provision. Today, compared to decades ago,
persons with HIV/AIDS live longer and require longer provision of services and
housing.
The most current information available from the California Department of Public
Health, Office of AIDS indicates that the number of new diagnoses increased by 0.8
percent between 2013 and 2017. However, the rate of new diagnoses per 100,000
people declined by 2.4 during the same time period. The number of newly
diagnosed people in the County was 189 people in 2013 and 248 in 2017.
According to the same source, between 2013 and 2017, diagnoses and rate
(number per 100,000 people) increased from 3,261 at a rate of 2.6 to 4,401 at a rate
of 3.3, which is an increase of 0.7 percent. In 2014, 3,380 people were diagnosed and
living with HIV in San Bernardino County at a rate of 2.7. In 2015, that number was
3,575 at a rate of 2.8. In 2017, the number of people living and diagnosed w ith HIV in
the County was 4,401 at a rate of 3.3. Overall, in 2017, there were 4,401 people living
and diagnosed with HIV of which 3,120 were in care and 2,278 were virally
suppressed.
To address fair housing issues of a community, the existing housing ma rket must be
analyzed to distinguish local and current conditions. The following sections provide
an overview of the characteristics of the local and regional housing market.
Housing Conditions
Age is an indication of the quality of the housing stock. Hou sing over 30 years old is
likely to require rehabilitation such as plumbing, roof, or foundation repairs. In
addition, older homes tend to be less energy efficient, which increases utility costs.
Graph 2 displays the age of San Bernardino’s housing stock according to the 2013-
2017 ACS estimates. Of all housing units in San Bernardino, 14.7 percent are less than
30 years old. In contrast, 52 percent are more than 50 years old.
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0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
1939 or
earlier
1940 to
1949
1950 to
1959
1960 to
1969
1970 to
1979
1980 to
1989
1990 to
1999
2000 to
2009
2010 to
2013
2014 or
laterNumber of Units Year Built Graph 2: Housing Stock by Year Built
Housing Stock by Year Built
Source: 2013-2017 ACS 5-Year Estimates
Vacancy Rate
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.
Table 10 demonstrates the City’s vacancy rates in 2010 and 2017 based on ACS
data. A healthy vacancy rate is associated with choice and mobility. Generally, a
healthy vacancy rate for owner-occupied housing is 2-3 percent vacancy. For rental
units, a healthy rate is 5-6 percent.
In 2010, the vacancy rate for owner-occupied housing was 0.7 percent above
range, or 3.7%, and in 2017 it was lower by 0.7 percent, or 1.3%. In 2010, the renter-
occupied rate was above the healthy range by 0.9 percent , at 6.9%. By 2017, the
rental vacancy rate returned to the healthy range at 6.0 percent.
Vacant Units and Vacancy Rates
Tenure 2010 2017
Homeowner Vacancy Rate 3.7% 1.3%
Renter Vacancy Rate 6.9% 6.0%
Table 10: Vacant Units and Vacancy Rates
Source: 2006-2010, 2013-2017 ACS 5-Year Estimates
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Housing Costs and Affordability
The cost of housing relative to income is one of the most important factors in
evaluating a community’s housing market. If housing costs are relatively high in
comparison to household income, housing cost burden and overcrowding tends to
occur. However, housing affordability alone is not necessarily a fair housing issue.
Such concern arises when housing affordability is coupled with factors protected
under fair housing laws, such as household type, composition, and race/ethnicity.
Affordability Rent and Mortgage Combined
1 Person 2 Persons 3 Persons 4 Persons
Extremely Low (0%-30%)
Annual Income $15,100 $17,250 $21,330 $25,750
Monthly Income $1,258 $1,438 $1,778 $2,146
Affordable Purchase Price* $62,000 $70,000 $87,000 $105,000
Affordable Monthly Rent $377 $431 $533 $644
Very Low (30%-50%)
Annual Income $25,150 $28,750 $32,350 $35,900
Monthly Income $2,096 $2,396 $2,696 $2,992
Affordable Purchase Price* $102,000 $125,000 $132,000 $146,000
Affordable Monthly Rent** $629 $719 $809 $898
Table 11: Affordability Rent and Mortgage Combined
Source: 2006-2010, 2013-2017 ACS 5-Year Estimates
Table 12: Affordability Rent and Mortgage Combined
Source: 2019 HUD Income Limits for San Bernardino County
*Note: Affordable Purchase Price assumes a minimum down payment (3.5%), a mortgage payment
that will not result in a cost burden, and good credit. Pricing from
https://smartasset.com/mortgage/how-much-house-can-i-afford#PCGmA6nHyA
**Note: Affordable Monthly Rent assumes a monthly payment that will not result in a cost burden (less
than 30% of monthly income)
Affordability Rent and Mortgage Combined (continued)
1 Person 2 Persons 3 Persons 4 Persons
Low (50%-80%)
Annual Income $40,250 $46,000 $51,750 $57,450
Monthly Income $3,354 $3,833 $4,313 $4,788
Affordable Purchase Price* $164,000 $187,000 $211,000 $234,000
Affordable Monthly Rent $1,006 $1,150 $1,294 $1,436
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Housing & Ownership Costs
Table 13 shows median home purchase prices in the City compared to statewide.
While the purchase price of homes is significantly higher statewide than it is in the
City, this is not an indication of affordability. Instead, the difference is an indication of
what may motivate homebuye rs to move into the area and increase the overall
demand for housing. This migration of homebuyers into the City from other parts of
the state is a concern expressed during stakeholder interviews. Like the rest of the
state, San Bernardino has followed the same trend of steadily increasing housing
prices.
Table 13: Median Home Purchase Price
Source: California Association of Realtors
Median Home Purchase Price for State of California and
City of San Bernardino, 2015 through 2019
2016 2017 2018 2019
State City State City State City State City
Jan $467,160 $234,460 $491,840 $245,440 $527,780 $277,000 $537,120 $290,000
Feb $444,780 $226,870 $480,270 $265,000 $522,440 $278,000 $534,140 $298,250
Mar $484,120 $237,350 $518,600 $260,000 $564,830 $280,000 $565,880 $309,950
Apr $509,240 $236,850 $537,950 $255,500 $584,460 $289,900 $602,920 $305,000
May $519,930 $245,080 $550,239 $272,500 $600,860 $285,000 $611,190 $315,000
Jun $518,980 $245,220 $555,410 $270,000 $602,770 $293,250 $610,720 $310,000
Jul $511,420 $248,000 $549,460 $266,250 $591,230 $292,000 $607,990 $312,000
Aug $527,490 $240,500 $565,330 $269,950 $596,410 $290,000 $617,410 $315,000
Sep $516,450 $251,750 $555,410 $279,000 $578,850 $300,000 $605,680 $315,000
Oct $513,520 $245,000 $546,430 $274,450 $572,000 $289,000 - -
Nov $502,490 $250,000 $546,820 $280,000 $554,760 $299,450 - -
Dec $510,560 $255,000 $546,550 $278,000 $557,600 $295,000 - -
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Rental Housing Cost
Overall, the median rental cost in San Bernardino increased between 2015 and 2018 .
During these years, the median rent increased from $976 to $1,068 for a percent
increase of 9.4%, which is lower than State (+13.9%) and National (10.2%) rates. As
shown in Table 14, 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.
Rental Housing Cost, 2015 through 2018
2015 2016 2017 2018
Less than $500 7.60% 8.50% 8.20% 7.60%
$500 to $999 45.70% 45.20% 38.40% 35.70%
$1,000 to $1,499 35.00% 31.70% 35.60% 38.30%
$1,500 to $1,999 8.40% 12.20% 15.00% 16.30%
$2,000 to $2,499 3.00% 2.40% 2.00% 1.80%
$2,500 to $2,999 0.30% 0.00% 0.80% 0.40%
Median 976 971 1,038 1,068
No Rent Paid 924 788 1,001 509
Occupied units paying rent 30,703 31,350 29,844 30,969
Table 14: Rental Housing Cost
Source: 2015, 2016, 2017, 2018 ACS 1-Year Estimates
Another way to look at cost is to incorporate utilities. HUD annually publishes fair
market rents (FMR), which represent an affordable cost and include an estimated
utility cost for different size units in the County. As shown in Table 15, FMR increased
for all unit sizes between 2018 and 2019.
San Bernardino County Fair Market Rents by Unit Bedrooms, 2018 and 2019
Year Efficiency One-
Bedroom
Two-
Bedroom
Three-
Bedroom
Four-
Bedroom
FY 2018 FMR $768 $926 $1,156 $1,618 $2,004
Table 15: County Fair Market Rents
Source: HUD FY 2018 and 2019 Fair Market Rent Documentation System, Riverside-San Bernardino-
Ontario, CA
Housing Cost Burden
According to the federal government, households that spend more than 30 percent
of income on housing is considered cost burdened. A cost burden of 30 to 50
percent is considered moderate; payment in excess of 50 percent of income is
considered a severe cost burden. Cost burden is an important housing issue because
paying too much for housing leaves less money available for basics such as food
and living expenses as well as for emergency expenditures.
Upper-income households generally can pay a larger proportion of income for
housing. Therefore, estimates of housing cost burden generally focus on low - and
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moderate-income households. Primarily, the City households in low -income brackets
are renters, as shown in Table 16.
Table 16: Income Distribution Overview
Source: 2012-2016 Comprehensive Housing Affordability Strategy
Most low-income households in the City experience cost burden. Table 17 shows two
overlapping categories of cost burden. The categories represent those who spend
more than 30 percent of their income on housing costs and a subset of that group
that spends more than 50 percent of their income on housing costs. The latter group
is severely cost burdened. The rate of severe cost burden is highest among the
extremely low-income group.
Housing Cost Burden Overview (Owners and Renters)
Household Income Cost Burden > 30% Cost Burden > 50%
# % # %
Extremely Low Income (0% - 30%) 10,785 78.92% 9,415 68.90%
Very Low Income (30%-50%) 7,415 77.85% 3,755 39.42%
Low Income (50%-80%) 5,925 52.64% 1,070 9.51%
Table 17: Housing Cost Burden Overview
Source: 2012-2016 Comprehensive Housing Affordability Strategy
Income and Workforce
Household income does not directly affect fair housing options. However,
perceptions about income as it relates to household type and size, race/ethnicity,
and other characteristics can result in biases that trigger fair housing concer ns. The
workforce profile included here is important to help set goals and priorities for
workforce development to increase access to jobs and economic mobility.
Median Income Limits
In 2017, the median household income (MHI) for the City of San Bernardino was
$41,027, County of San Bernardino was $57,156, and the State of California was
$67,169. MHI was 39.1 percent less than the County and 63.72 percent less than
California. Table 18 shows the breakdown of MHI by race and ethnicity. When
compared to other racial and ethnic groups, Asian and white households have the
highest MHI in the City. Black households have the lowest MHI of any groups in the
City.
Income Distribution Overview
Owner Rental Total # % # %
Extremely Low Income (0%-30%) 2,805 20.53% 10,860 79.47% 13,665
Very Low Income (30%-50%) 3,260 34.23% 6,265 65.77% 9,525
Low Income (50%-80%) 5,210 46.29% 6,045 53.71% 11,255
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Median Household Income by Race
2006-2010 2013-2017
Median Income Median Income
White $44,304 $44,701
Black $32,590 $29,311
Indian $47,500 $36,071
Asian $37,045 $45,154
Native Hawaiian $73,098
Some other race $37,492 $40,081
2 or more races $46,367 $33,910
Hispanic $37,737 $41,325
Median in San Bernardino $39,895 $41,027
Table 18: Median Household Income by Race
Source: 2013-2017 ACS 5-Year Estimates, 2006-2010 ACS 5-Year Estimates
As established by HUD, low-moderate income (LMI) households refer to those whose
incomes do not exceed 80 percent of the area median income (AMI). A low -income
area is defined as a census tract or block group made up of at least 51 percent of
households in the low- and moderate- income ranges. LMI is set by HUD and
adjusted for the total number of persons in the household. There are three income
levels for LMI households:
Extremely low income: Households earning 30% or less than the AMI
Very low income: Households earning between 30% to 50% of the AMI
Low income: Households earning between 50% to 80% of the AMI
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HUD Median Income Limits for City of San Bernardino, 2019
Median
Family
Income
FY Income
Limit
Category
Number of Persons in Household
1
Person
2
Person
3
Person
4
Person
5
Person
6
Person
7
Person
$69,700
Extremely
Low (0-
30%)
$15,100 $17,250 $21,330 $25,750 $30,170 $34,590 $39,010
Very Low
(30%-50%) $25,150 $28,750 $32,350 $35,900 $38,800 $41,650 $44,550
Low
(50%-80%) $40,250 $46,000 $51,750 $57,450 $62,050 $66,650 $71,250
Table 19: HUD Median Income Limits
Source: HUD 2019 Income Limits Summary, Riverside-San Bernardino-Ontario, CA
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Areas of Low- and Moderate-Income Concentration
Map 3: Areas of Low- and Moderate-Income
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D. Employment and Workforce
Employment status appears in Table 20 The total number of people employed was
78,721 or about 49.9 percent of the total population. The number of unemployed
was 11,584 or 7.3 percent. The number of people not in the labor force was 67,504 or
24.7 percent of the population. In comparison, the unemployment rate for the
County was 5.9 percent for the same time period. In 2020 the City will open an
employment center focused on homeless employment needs.
Table 20: Employment Status
Source: 2013-2017 ACS 5-Year Estimates
Table 21 summarizes the City’s workforce by industry. Three industries comprise nearly
45 percent of the workforce. They are a) educational services, health care and
social assistance, b) retail trade, and c) transportation, warehousing and utilities.
Public administration has the highest median earning of $39,638. The lowest earning
industry includes those who work in the arts, entertainment, recreation,
accommodations and food services.
Workforce by Industry
# of Total
Industry % Share Median
Earnings
Educational services, and health care and
social assistance 16,489 20.90% $28,826
Retail trade 9,987 12.70% $17,284
Transportation and warehousing, and
utilities 8,299 10.50% $28,288
Professional, scientific, and management,
and administrative and waste
management services
7,493 9.50% $21,771
Arts, entertainment, and recreation, and
accommodation and food services 7,384 9.40% $14,657
Employment Status
# %
Employed 78,721 49.9%
Unemployed 11,584 7.3%
Not in labor force 67,504 42.7%
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Manufacturing 7,217 9.20% $28,514
Construction 5,921 7.50% $29,232
Other services, except public administration 4,800 6.10% $20,300
Public administration 3,760 4.80% $39,638
Finance and insurance, and real estate
and rental and leasing 3,312 4.20% $31,350
Wholesale trade 2,762 3.50% $27,965
Agriculture, forestry, fishing and hunting,
and mining 708 0.90% $23,050
Information 589 0.70% $31,027
Table 21: Workforce by Industry
Source: 2013-2017 ACS 5-Year Estimates
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E. Homeless
Homelessness is attributable to challenges resulting from the loss of employment,
difficulty finding jobs, the need to develop or redevelop marketable skills, the cost of
housing, chronic health problems, physical disabilities, mental health disabilities, drug
and alcohol addiction, and/or a host of other factors. Individuals or families that are
homeless have a variety of special needs, including emergency shelter, counseling,
job training, transitional housing, and permanent supportive housing.
The San Bernardino County Point in Time Count and Subpopulation Survey for 2019
documented 890 homeless individuals in the City of San Bernardino. Based on the
County’s 2018 survey, the homeless population in the City increased by 37.8 p ercent.
Table 22 summarizes the information available for 2019.
2019 Homeless Count
Sheltered Unsheltered Living in Transitional
Housing Total
123 639 128 890
Table 22: Homeless Count
Source: 2019 San Bernardino County Point in Time Count and Subpopulation Survey
The San Bernardino County Homeless Survey provides more detail about the
County’s homeless population . Although the information does not break out
information for the City, those who live in the City are included in the County’s total
numbers. When unsheltered homeless persons were asked how long they have been
homeless, 59 percent responded “1 to 5 years.” Most homeless persons were male
(71 percent). Veterans were 8 percent of those surveyed. Approximately 20 percent
surveyed self-reported life-threatening chronic health conditions, such as heart, lung,
liver, kidney, or cancerous disease.
HUD reports on homeless household types in the County of San Bernardino in its 2018
Continuum of Care Homeless Assistance Program’s Homeless Populations and
Subpopulations data. Nearly 10 percent of homeless households in the County
include chil dren. Among those households with children, most take shelter in
emergency facilities or transitional housing. Table 23 summarizes this data.
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Homeless Populations by Type Reported in the County and City of San Bernardino
Emergency
Shelter
Transitional
Housing Unsheltered Total
Households without children 109 127 1,336 1,572
Households with at least one
adult and one child 65 59 29 153
Households with only children 3 0 4 7
Total Homeless Households 177 186 1,369 1,732
Table 23: Homeless Populations
Source: HUD 2018 Continuum of Care Homeless Assistance Program Homeless Populations and
Subpopulations
F. Public Transit and Train Services
The City and surrounding County are served by the San Bernardino County
Transportation Authority (SBCTA). SBCTA distributes many of the funds for public
transit service in the area and is responsible for oversight of all transit service
throughout the County. The County is currently served by seven operators for public
transit, and SBCTA funds all these operators except for the Foothill Transit Authority.
The SBCTA funds various bus operators in the area, as well as rail and rideshare
services.
The SBCTA funds five bus operators, with the largest being Omnitrans, which provides
about 13 million passenger trips per year on local and express routes, SBX rapid transit
services, and paratransit services. Omnitrans serves 15 cities and seven
unincorporated areas of the County. In addition, SBCTA also funds Morongo Basin
Transit Authority, Mountain Transit, Victor Valley Transit Authority, and Needles Area
Transit to help bolster bus services for the region.
The City and surrounding County has rail service s which are partly funded by SBCTA
and provided by Metrolink, which provides rail service to transportation commissions
in the counties of Los Angeles, Orange, Riverside, Ventura, and San Bernardino.
Metrolink is governed by the Southern California Region al Rail Authority (SCRRA).
These rail services operate on seven routes on a 536-mile network which also touches
parts of San Diego County.
In addition to the City’s services through Metrolink, the Redlands Regional Rail Project
is currently in the construction phase and will bring more options to the City. It is a
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new, 9-mile advances regional rail project that will connect residents, business, and
visitors to many destinations in the area, and will also work to integrate itself into
surrounding systems of other modes including auto, bus, and bicycle.
Along with the funded bus services and rail services, the SBCTA also funds a newly
devised rideshare/vanpool program for the City. This program is in partnership with
the Riverside County Transportation Commission (RCTC), and offers residents
incentives, rewards, and free rideshare program support to employers in order to
encourage reduced single occupancy vehicle trips and help reduce traffic for the
area.
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Chapter 4: Lending Practices
Lending practices are a contributing factor to fair housing choice. An important
element of fair housing choice is equity in money lending from financial service
organizations. Such organizations include credit unions, banks, credit card
companies, and insurance companies. Lending is often required for the access to
credit financing for mortgages, home equity, and home repair loans. Access to
information regarding financial services is also a concern involving equality.
Gaps in financial services can make residents vulnerable to these types of predatory
lending practices, and lack of access to quality banking and financial services may
jeopardize an individual’s credit and the overall sustainability of homeownership and
wealth accumulation.
This chapter reviews lending practices of financial institutions and financing allowed
to all households but with an emphasis on lending to minority and low -income
households. However, a jurisdiction’s control over lending is limited due to federal
laws and regulations.
A. Laws Governing Lending
Historically, lending practices of financial institutions prevented minority groups from
equal access to credit. Such practices included credit market distortions and
redlining. These barriers contributed to segregated neighborhoods that persist in
cities today. This section reviews the lending practices of financial institutions and the
access to financing for all households and neighborhoods.
Fair Housing Act
The passage of the FHA in 1968 sought to end discrimination against protected
classes in all aspects of residential real estate -related transactions, including
mortgage lending. Under the FHA, a lender may not discriminate against a
protected class in any aspect of mortgage lending, such as failure to provide
in formation or services, selectively encourag ing or discouraging applicants, varying
the terms of credit offered, as well as refusing to extend credit. Further, the FHA
requires lenders to make reasonable accommodations for persons with disabilities
when such accommodations are necessary to offer equal opportunities to apply for
credit.
Equal Credit Opportunity Act
The Equal Credit Opportunity Act passed in 1974 makes it unlawful for any creditor to
discriminate against any applicant, with respect to any aspect of a credit
transaction, on the basis of race, color, religion, national origin, sex, marital status,
age, or the applicant’s receipt of income derived from any public assistan ce
program. The law applies to any person who, in the ordinary course of business,
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regularly participates in a credit decision, including banks, retailers, bankcard
companies, finance companies, and credit unions.
Community Reinvestment Act
The passage of the Community Reinvestment Act (CRA) in 1977 was designed to
improve access to credit for all members of the community, including very low - and
low-income persons and neighborhoods. In particular, the CRA counteracted
redlining, or the historical practice by which banks and other financial institutions
would not provide loans to lower-income neighborhoods. Under the CRA, federal
regulators assess banks’ and other financial institutions’ performances in addressing
the needs of all community members and neig hborhoods. Banks and financial
institutions are given a score of Outstanding, Satisfactory, Needs Improvement, or
Substantially Noncompliant, which are published publicly.
Subsequently, Congress enacted the Home Mortgage Disclosure Act (discussed in
further detail below) in 1975 to require financial institutions to make annual public
disclosures of their home mortgage lending activity, including the disposition of loan
applicants by income, gender, and race.
Banking Regulators for the CRA
Three federal banking agencies, or regulators, are responsible for the CRA.
Banks that have CRA obligations are supervised by one of these three
regulators. Each regulator has a dedicated CRA site that provides information
about the banks they oversee and those banks' C RA ratings and Performance
Evaluations. Regulators are as follows:
Federal Deposit Insurance Corporation (FDIC)
Federal Reserve Board (FRB)
Office of the Comptroller of the Currency (OCC)
Federal Reserve’s Role
The Federal Reserve supervises state member banks or state-chartered banks
that have applied for and been accepted to be part of the Federal Reserve
System--for CRA compliance. To carry out its role, the Federal Reserve must:
Examine state member banks to evaluate and rate their performance
under the CRA;
Consider banks' CRA performance in context with other supervisory
information when analyzing applications for mergers, acquisitions, and
branch openings; and
Share information about community development techniques with
bankers and the public.
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Financial Stability Act
The Financial Stability Act of 2009 established the Making Home Affordable Program,
which assists eligible homeowners who can no longer afford their home with
mortgage loan modifications and other options, including short sale o r deed-in-lieu
of foreclosure. The program is targeted toward homeowners facing foreclosure and
homeowners who are unemployed or “underwater” (i.e., homeowners who owe
more on their mortgage than their home is worth).
Helping Families Save Their Homes Act
The Helping Families Save Their Homes Act was passed by Congress in May 2009 and
expands the Making Home Affordable Program. This act includes provisions to make
mortgage-assistance and foreclosure-prevention services more accessible to
homeowners and increases protections for renters living in foreclosed homes. It also
establishes the right of a homeowner to know who owns their mortgage and
provides more than two billion dollars in funds to address homelessness. Under this bill,
tenants also have the right to stay in their homes after foreclosure for 90 days or
through the term of their lease.
B. Conventional Loans Versus Government-Backed Loans
Conventional financing is market-rate-priced loans provided by private lending
institutions such as banks, mortgage companies, and savings and loans. To assist
households that may have difficulty in obtaining home mortgage financing in the
private market due to income and equity issues, several government agenc ies offer
loan products that have below-market interest rates and are insured (or
underwritten) by the agencies.
Sources of government-backed financing include loans insured or underwritten by
the Federal Housing Administration (FHA-insured), the Department of Veterans Affairs
(VA-guaranteed), and the Farm Service Agency or Rural Housing Services (FHS/RHS).
Often, these types of loans are offered to the consumer through private lending
institutions and make the difference in qualifying or not qualifying f or a mortgage.
Table 24 summarizes the disposition of home loan applications submitted to financial
institutions in 2008, 2013, and 2018 for purchase in the City. Despite a dip in
applications in 2013, the total number of applicants rose from 5,068 in 2008 to 6,335 in
2018. The increase in applicants is mainly attributable to a jump in the number of
people applying for government-backed loans.
Government-backed loans generally have more lenient credit score requirements,
lower down payment requirements, and are available to those with recent
bankruptcies. However, these loans may also carry higher interest rates and require
most homebuyers to purchase mortgage insurance. Furthermore, government -
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backed loans have strict limits on the amount the homebuyer can borrow for the
purchase of the home.
Federal Housing Administration
Loans from the Federal Housing Administration (FHA) loans have helped people
become homeowners since 1934. The Federal Housing Administration (FHA) - which is
part of HUD - insures the loan so that lenders can offer borrowers a better deal.
Advantages of FHA include:
Low down payments
Low closing costs
Easy credit qualifying
Veterans Administration (VA) Home Loans
VA loans help current and former service members, veterans, and eligible surviving
spouses become homeowners. As part of their mission they provide a home loan
guaranty benefit and other housing -related programs to help buy, build, repair,
retain, or adapt a home for personal occupancy. VA Home Loans are provided by
private lenders, such as banks and mortgage companies. VA guarantees a portion
of the loan, enabling the lender to provide more favorable terms.
Rural Housing Services/Farm Service Agency (RHA/FSA)
FSA/RHS-guaranteed USDA’s Rural Housing Service offers a variety of programs to
build or improve housing and essential community facilities in rural areas. They
provide loans, grants and loan guarantees for single- and multi-family housing,
childcare centers, fire and police stations, hospitals, libraries, nursing homes, schools,
first responder vehicles and equipment, housing for farm laborers. The RHS/FSA also
provides technical assistance, loans and grants in partnership with non -profit
organizations, Indian tribes, state and federal government agencies, and local
communities.
Conventional Loan
A conventional loan is a mortgage that is not sponsored by government but is
available through a private lender. Conventional loans comprise most mortgages
issued. Some conventional loans must meet the requirements of F annie Mae and
Freddie Mac, the two largest buyers of mortgage loans in the United States. Studies
of conventional loans in HMDA data have shown that commercial banks and thrift
institutions lend less to areas (or tracts) that are low -income and predominantly
minority concentrated.
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Over 75% of the
community is Hispanic, as
are most of the home
purchase loans and a
large majority of loans in
the City are conventional
bank loans.
Studies have also shown that a substantial portion of home purchase loans extended
in predominantly minority middle -income areas are
government-backed, while a similar pattern does not
hold for white neighborhoods with similar incomes.
Such practices have the potential to constitute
discrimination and are known as redlining. The practice
of redlining is a barrier to fair housing. However, in the
case of the City, over 75% of the community is Hispanic,
as are most of the home purchase loans and a large
majority of loans in the City are conventional bank
loans.
Disposition of Home Loans (2008, 2013, and 2018)
Loan Type Total Applicants Percentage of Total
2008 2013 2018 2008 2013 2018
Government-
Backed Loans (FHA,
VA, FSA/RHS)
1,909 1,995 3,174 37.6% 57% 49.9%
Conventional 3,159 1,504 3,161 62.4% 43% 50.1%
Total 5,068 3,499 6,335 100% 100% 100%
Table 24: Disposition of Home Loans
Source: www.lendingpattern.com, 2008, 2013, and 2018
C. Home Mortgage Disclosure Act and Data Analysis
The Home Mortgage Disclosure Act (HMDA) was enacted by Congress in 1975 and is
implemented by the Consumer Financial Protection Bureau under Regulation C (12
CFR Section 1003). This regulation provides the public loan data that can be used to
assist:
In determining whether financial institutions are serving the housing needs of
their communities;
Public officials in distributing public-sector investments to attract private
investment to areas where it is needed;
In identifying possible discrim ination lending patterns.
Under the HMDA, lenders are required to disclose information on the disposition of
home loan applications and on race, national origin, gender, and annual income of
loan applicants.
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As described above, the FHA prohibits discrimination in mortgage lending based on
race, color, national origin, religion, sex, familial status , or disability. It is, therefore,
important to look not just at overall approval and denial rates for a jurisdiction, but
also whether these rates vary by other factors, such as race/ethnicity.
Table 25 presents data provided via the Home Mortgage Disclosure Act by race and
ethnicity. In 2018, there were 6,335 applications in the City and 67.9 percent were
approved. The following action rates are notable.
Hispanic applicants submitted the most applications, which corresponds to
their percentage of the overall population
Black or African American applicants experienced the highest rate of other
actions, meaning that Black or African American applicants either withdrew,
submitted incomplete applications, or had loans purchased
Native Hawaiian or Other Pacific Islander applicants had the highest denial
rate
Mortgage Approvals by Race/Ethnicity, 2018
Total
Number of
Applications
Percent of
Total
Applications
Action Type
Approved
(a)
Denied
(b)
Other
(c)
Non-Hispanic
American Indian 7 0.1% 71.4% 14.3% 14.3%
Asian 201 3.2% 64.8% 10.8% 24.3%
Black or African
American 398 6.3% 62.1% 10.7% 27.2%
Native Hawaiian or
Other Pacific
Islander
23
0.4%
63.6% 27.3% 9.1%
White 1,076 17.0% 71.5% 9.6% 18.9%
Multi-Race 47 0.7% 64.2% 11.9% 23.8%
Information Not
Provided 1,292 20.4% 65.1% 11.1% 23.9%
Hispanic 3,291 51.9% 68.2% 10.4% 21.4%
Total 6,335 67.9% 9.1% 29.1%
Table 25: Mortgage Approvals by Race/Ethnicity
Source: www.lendingpattern.com, 2018
Notes: (a) includes loans originated, applications approved but not accepted, and preapproval
requests approved but not accepted; (b) includes application denied by financial insti tution and
preapproval request denied by financial institution; and (c) includes applications withdrawn by
applicant, incomplete applications, and loans purchased by institution.
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While this analysis provides a more in -depth look at lending patterns, it does not
conclusively explain any of the discrepancies observed. Aside from income, many
other factors can contribute to the availability of financing, including credit history,
the availability and amount of a down payment, and knowledge of the home
buying process. HMDA data does not provide insight into these other factors.
Table 26: Loan Type by Race
Source: FFIEC Home Mortgage Disclosure Act
Denials
Total Applications (2018) Total # of Denials Overall Denial Rate
4,710 490 10.40%
Table 27: Denials
Source: 2018 National HMDA-LAR via the Federal Financial Institutions Examination Council
Loan Type by Race
Los Angeles-Long Beach-Glendale Area
Applicant Race
Conventional FHA-Insured VA-
Guaranteed
Total
Applications
# of
applications
# of
applications
# of
applications
# of
applications
American Indian or Alaska
Native 1,472 368 228 2,068
Asian 16,324 1,238 760 18,322
Black or African American 6,920 3,037 2,490 12,447
Native Hawaiian or other
Pacific Islander 1,001 208 181 1,390
White 101,697 27,624 11,760 141,081
Race not provided 40,165 15,359 7,042 62,566
Totals 167,579 47,834 22,461 237,874
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Top Lenders
Lender Name
Total Approved Denied Withdrawn/
Closed
# Market
Share # % of
Total # % of
Total # % of
Total
Lakeview Loan Servicing, LLC 441 7.0% 1 0.2% - 0.0% 1 0.2%
Mountain West Financial, Inc. 277 4.4% 182 65.7% 25 9.0% 70 25.3%
Eagle Home Mortgage of
California 264 4.2% 190 72.0% 23 8.7% 51 19.3%
United Shore Financial
Services, LLC 264 4.2% 200 75.8% 27 10.2% 37 14.0%
Broker Solutions, Inc. 238 3.8% 157 66.0% 14 5.9% 67 28.2%
Wells Fargo Bank, National
Association 233 3.7% 48 20.6% 10 4.3% 7 3.0%
Paramount Residential
Mortgage Group, Inc. 192 3.0% 162 84.4% 15 7.8% 15 7.8%
Golden Empire Mortgage,
Inc. 161 2.5% 123 76.4% - 0.0% 38 23.6%
PennyMac Loan Services, LLC 154 2.4% 2 1.3% 3 1.9% 2 1.3%
Caliber Home Loans, Inc. 151 2.4% 77 51.0% 8 5.3% 26 17.2%
Other Lenders (247) 3,960 62.5% 2,060 52.0% 365 9.2% 704 17.8%
TOTAL 6,335 100% 3,202 50.5% 490 7.7% 1,018 16.1%
Table 28: Top Lenders
Source: Data from HMDA-LAR, published by individual lenders and or the Federal Financial Institutions
Examination Council
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Chapter 5: Public Policies
Public policies, along with other factors, affect the development of housing. In turn,
they impact the range and location of housing options available to residents. Fair
housing laws, as described in Chapter 1, are intended to encourage an inclusive
living environment and active community participation. An assessment of public
policies and related practices help identify potential impediments to fair housing
opportunity. This chapter provides an overview of public policies, regulations,
standards, and practices including housing element law and compliance, land use,
and the zoning ordinance.
A. Housing Element Law and Compliance
California housing element law requires that local governments adequately plan to
meet the existing and projected housing needs of all economic segments of the
community. For the private market to adequately address housing needs and
demand, local governments must adopt land-use plans and regulatory systems that
provide opportunities for and do not unduly constrain housing development.
California housing element law requires each jurisdiction to:
Identify adequate sites which will be made available throug h appropriate zoning
and development standards and with the services and facilities needed to
facilitate and encourage the development of a variety of types of housing for all
income levels in order to meet the city’s regional housing needs;
Assist in the development of adequate housing to meet the needs of extremely
low-, very low-, low-, and moderate-income households;
Address and, where appropriate and legally possible, remove governmental
constraints to the maintenance, improvement, and development of h ousing;
Conserve and improve the condition of the existing affordable housing stock ;
Promote housing opportunities for all persons regardless of race, religion, sex,
marital status, ancestry, national origin, color, familial status, or disability.
The City’s current Housing Element was adopted on February 10, 2014 and was
certified as compliant with State Law by the California Department of Housing and
Community Development (HCD) on March 28, 2014.
B. Land Use Element
The Land Use Element of the City’s Gen eral Plan designates the general distribution,
location, and extent of residential, commercial, industrial, public/quasi-public, and
open space uses. Regarding housing, the Land Use Element establishes a range of
nine residential land-use designations, specifies densities, and suggests the types of
housing appropriate in a community. The Land Use Element is implemented through
the Development Code, which establishes zones where residential uses are
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permitted. Development density ranges from one unit per acre in single-family
designations to 54 dwelling units per acre in the CR-2 zone.
Table 29: Land Use and Zoning
Source: City of San Bernardino General Plan, 2014
Residential Land Use Designations and Zoning Districts
General Plan
Land Use
Designation
Zoning
District Primary Residential Type(s) Du/Ac
Residential Estate RE Single-family detached in an estate
setting 1
Residential Low RL Single-family detached in low-density
setting 3.5
Residential
Suburban RS Single-family detached in high quality
suburban setting 4.5
Residential Urban RU Single/multi-family attached and
detached residences 8
Residential
Medium RU Multi-family dwellings, all types 12
Residential
Medium High RMH Multi-family dwellings including
apartments and condominiums 24
Residential High RMH Multi-family dwellings including
apartments and condominiums 31
Commercial
Regional CR-2 Vertical residential, retail, and office
mixed use 47
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C. Development Code
The City’s existing Development Code regulates the type, location, density, and
scale of residential development and exists to protect and promote the health,
safety, and general welfare of residents. In addition, the Development Code serves
to preserve the character and integrity of existing neighborhoods.
Zoning & Provisions for Diversity Housing Types
Residential uses are allowed in residential and some commercial districts. The City’s
zoning permits a range of housing types, which is essential to providing a full range of
housing choice. Table 30 lists all the unit types per property, exhibiting the diversity of
housing available in the City of San Bernardino. Table 31 lists housing types allowable
with approval of a Development Permit or Conditional Use Permit, permitted by -right,
or prohibited.
Table 30: Units Per Property
Source: 2013-2017 ACS 5-Year Estimate
Housing Types by Zone
Housing Types RE RL RS RU RM RMH RH RSH CO CG-
2
CR-
2
Single-Family D D D D D D D X X X X
Multi-Family X X X D1 D D D X X C C
Condominium or
Townhouse D D D D D D D X X X X
Manufactured
Housing D D D D D D D X X X X
Mobile Home Park D D D D D D D X X X X
Units Per Property
Total Occupied Owners Renters
Property Type Number % Number % Number %
1-unit detached structure 36,223 62.4% 23,395 86.2% 12,828 41.5
1-unit, attached structure 2,538 4.4% 501 1.8% 2,037 6.6
2 apartments 916 1.6% 41 0.2% 875 2.8
3 or 4 apartments 3,618 6.2% 233 0.9% 3,385 11.0
5 to 9 apartments 3,159 5.4% 52 0.2% 3,107 10.1
10 or more apartments 7,933 13.7% 85 0.3% 7,848 25.4
Mobile home or other
type of housing 3,659 6.3% 2,830 10.4% 829 2.7
Total 58,046 100.0% 27,137 100.0% 30,909 100.0
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or Subdivisions
Second Unit P P P P P P P X X X X
Senior Housing/
Congregate Care X X X D D D D X C C C
Community Care
Facility
(≤ 6 persons)
P P P P P P P X C C C
Emergency Shelters2 X X X X C C C X X X C
Transitional/Supporti
ve Housing3 D D D D D D D X X C C
Single Room
Occupancy X X X X X X X X X C C
Mixed Used X X X X X X X X X C C
1. Multi-Family units that legally existed in the RU zones prior to June 3, 1991 may
remain as a permitted use without a Development Permit.
2. An Emergency Shelter overlay zone permits emergency shelters serving 60 or
fewer persons nightly without discretionary review within designated areas of
the Industrial Light (IL0), Commercial Heavy (CH), or Office Industrial Park (OIP)
zones.
3. Transitional and permanent supportive housing will be permitted based on unit
type like any other residential use.
P = Permitted
D = Development Permit
C = Conditional Use Permit
X = Prohibited
Table 31:Housing Types by Zone
Source: City of San Bernardino Development Code, 2014
Density Bonus
In accordance with State Government Section 65915 , Subsection D.2., to promote
the development of affordable housing, the City provides for a housing density
bonus of 25 percent for zones RU, RM, RMH, RH, CO-1 and 2, and CG-2.
Parking
The cost of parking can negatively impact construction of housing, particularly multi -
family affordable housing. When land available is limited, parking structures are
necessary for larger projects. As the number of required parking spaces increases,
the development costs increase as well. The City recognizes these challenges and
offers incentives, such as reduced parking standards within areas served by transit, to
alleviate potential constraints to development.
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Parking Requirements
Residential use Parking Spaces Required
Mobile Homes 2 garage spaces per unit, tandem is permitted. 1 uncovered
guest space per unit
Residential Day Care 2 spaces in addition to those required by primary residence
Senior Apartments 1 covered space for each unit and 1 uncovered guest space
for every 5 units
Senior Congregate Care 0.75 covered space per unit
Single-family Dwelling 2 garage spaces per unit
Second Unit 1 covered space per bedroom, may be in the side yard
setback
Student Housing 1 off-street parking space for each bedroom (65% covered)
plus 3 uncovered off-street guest-parking spaces for 100 rooms
Planned Residential
Redevelopment Single-
family dwellings and
condominiums
2 garage spaces per unit. 1 uncovered guest space per unit, 1
uncovered guest space per 5 units
Multi-Family Residential
Studio 1 space per unit
One Bedroom 1.5 covered spaces per units and 1 uncovered guest space per
5 units
Two Bedrooms 2 covered spaces per unit and 1 uncovered guest space per 5
units
Three or more Bedrooms 2.5 covered spaces per unit and 1 uncovered guest space per
5 units
Senior Citizen Apartments 1 covered space per unit and 1 uncovered guest space per 5
units
Table 32: Parking Requirements
Source: City of San Bernardino Development Code, 2014
Definitions
Local zoning definitions that should be consistent with Fair Housing Act include family,
group home, assisted care facility, boarding homes, single-room occupancy,
homeless shelters, second dwelling occupancy unit, and reasonable occupancy.
California court cases have ruled that a definition of “family” that: 1) limits the
number of persons in a family; 2) specifies how members of the family are related
(i.e. by blood, marriage or adoption, etc.), or 3) a gro up of not more than a certain
number of unrelated persons as a single housekeeping unit, is invalid. Court rulings
stated that defining a family does not serve any legitimate or useful objective or
purpose recognized under the zoning and land planning powe rs of the jurisdiction,
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and therefore violates rights of privacy under the California Constitution. A Zoning
Ordinance also cannot regulate residency by discrimination between biologically
related and unrelated persons. Furthermore, a zoning provision cann ot regulate or
enforce the number of persons constituting a family. The City’s definition does not
serve to impede housing choice.
The City’s current “Family” definition is not overly restrictive. This definition was
amended or “cured” of any discriminatory language in 2011. The current definition is
as follows: “Family” means one or more persons living together in a dwelling unit,
with common access to, and common use of all living, kitchen and eating areas
within the dwelling unit.
Currently the current zoning ordinance does not provide for group homes except
when it refers to senior living homes or congregate care housing. The current zoning
ordinance does not include group homes, boarding homes or single room
occupancy uses. Affordable housing comes in many forms, the City should revise its
zoning to include such uses in accordance with the Fair Housing Act as amended.
Shelters are permitted within the Emergency Shelter Overlay District which is located
across industrial districts. These districts do not provide any services needed for
homeless populations including mental and physical health care facilities, transitional
housing, childcare, public housing , substance abuse clinics, schools, and grocery
and pharmacy stores.
Hoarding and other Intellectual Disabilities.
The City does regulate reasonable accommodations through, Chapter 19.63
Reasonable Accommodations which establishes a procedure for an individual with a
disability seeking equal access to housing to request reasona ble accommodation as
provided by the Federal Fair Housing Amendments Act of 1988 and the California
Fair Employment and Housing act.
Fair Housing laws may protect people with disabilities who unintendedly violate
nuisance laws, such as those pertaining to garbage and rubbish. For example,
mental health professionals have identified Compulsive Hoarding Syndrome as a
disorder that involves the accumulation of belongings to such an extent that the
resulting clutter renders parts of the living space unusable . Symptoms include:
The acquisition and failure to discard a large number of items/possession that
are considered by most to be of little or no value
These possessions clutter the living space, rendering the space unable to be
used in the way it was intended
The hoarding behavior causes marked distress or interferes with one’s daily
functioning
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An individual who engages in hoarding might run afoul of the measures regarding
garbage and rubbish disposal and will be subject to Chapter 15.24 Property
Maintenance Requirements. Conditions constituting property nuisances someone
with Compulsive Hoarding Syndrome may need a reasonable accommodation (i.e.
additional time to comply with the order to abate the nuisance or information
regarding community resources to assist with the cleanup) to meet City standards.
Additionally, persons with physical disabilities who cannot sustain long periods of
strenuous activity might need additional time to comply. While the right to a
reasonable accommodation is available to persons with disabilities under existing fair
housing laws, it would be helpful to explicitly state within this code section that
persons with disabilities may request an accommodation as needed which will be
evaluated by the appropriate agency. S uch accommodation should include relief
from any penalties assessed pursuant to a finding of a nuisance or other violation.
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Chapter 6: Fair Housing Profile
This section provides information on the institutional structure of the homeownership
and rental markets in the City of San Bernardino. It also includes local, state, and
federal data on fair housing complaints.
A. Fair Housing Practices in the Homeownership Market
This section analyzes potential impediments to fair housing in homeownership.
Advertising
Advertising is usually the first consideration for potential buyers. Often times,
advertisements for homes for sale include discriminatory language. This includes
advertising amenities not included in the home itself such as proximity to schools,
type of residents nearby, and location of churches and other institutions. L anguage
like this may indicate a preference for certain types of people, such as families or
people of a certain religion, and can be discriminatory.
Potentially Discriminatory Language in Listings of For-Sale Homes
Discrimination Type Number of
Listings Potentially Discriminatory Language
No Discriminatory
Language 25
There was no discriminatory language Income Related 0
Household Size/
Family Related 0
Disability Related 0
Table 33: Discriminatory Language in For-Sale Homes Listings
Source: www.trulia.com, www.zillow.com, www.realtor.com, www.craigslist.com, accessed February
10, 2020
Lending
Lending institutions determine if a potential buyer will qualify for a loan. As part of the
lending process, applicants are asked to provide information such as gender, race,
and income, which is then used for reporting required by the Home Mortgage
Disclosure Act and the Community Reinvestment Act. However, this information may
be used to discriminate during the application process.
Credit Scores
Credit histories are significant factors in lending institutions approvin g home loans.
Applicants with higher scores are more likely to be given conventional loans while
applicants with lower scores are more likely to receive FHA or government-backed
loans and pay higher interest rates.
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Real Estate Agents
Real estate agents may unintentionally discriminate by directing potential buyers to
certain neighborhoods, known as steering, or by being selective in who they
represent.
In California, a broker or salesperson must be licensed by the California Bureau of
Real Estate (CalBRE) in order to conduct business in the field of real estate. The
CalBRE also enforces violations of California real estate law. In San Bernardino,
housing discrimination or other fair housing violations related to the sale of real
property are reported to the CalBRE for investigation.
The real estate industry in California is highly professionalized. Almost all real estate
brokers and salespersons are affiliated with a real estate trade association. The two
largest are the California Association of Realtors (CAR), associated with the National
Association of Realtors (NAR), and the California Association of Real Estate Brokers
(CAREB), associated with the National Association of Real Estate Brokers (NAREB). The
use of the term “Realtor” is restricted by NAR as a registered trademark. Members of
NAREB are licensed to use the professional designation “Realtor.”
NAR has a professional code of conduct that specifically prohibits unequal
treatment in professional services or employment practices on the ba sis of “race,
color, religion, sex, handicap, familial status, or national origin” (Article 10, NAR Code
of Ethics). Both prohibit members from promulgating deed restrictions or covenants
based on race.
Article 10 of the NAR Code of Ethics provides that “Realtors shall not deny equal
professional services to any person for reasons of race, color, religion, sex, handicap,
familial status, or national origin. Realtors shall not be a party to any plan or
agreement to discriminate against any person or person s on the basis of race, color,
religion, sex, handicap, familial status, or national origin.”
A Realtor pledges to conduct business in keeping with the spirit and letter of the
Code of Ethics. Article 10 imposes obligations upon Realtors and is also a firm
statement of support for equal opportunity in housing. A Realtor who suspects
discrimination is instructed to call the local Board of Realtors. Local Boards of Realtors
will accept complaints alleging violations of the Code of Ethics filed by a home
seeker who alleges discriminatory treatment in the availability, purchase, or rental of
housing. Local Boards of Realtors have a responsibility to enforce the Code of Ethics
through professional standards, procedures, and corrective action in cases where a
violation of the Code of Ethics is proven to have occurred.
The California Association of Realtors (CAR) has many local associations throughout
the state. San Bernardino is served by the Inland Valley Association of Realtors. It is
the mission of the Inland Valley Association of Realtors to provide members with
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education and resources that will enable them to conduct business successfully, to
promote and enforce professional and ethical standards, and to strengthen the
Realtor image by improving the quality of life in the communities they serve,
promoting equal housing opportunity, and protecting and preserving private
property rights.
CAR offers continuous online courses dealing with fair housing requirements and
issues. Part of the license renewal requirements for all sales agents and brokers is
continuous education on fair housing laws and regulations. According to the course
description, the course will provide an overview of the federal fair housing laws and
an in-depth discussion of the individual law s and their application to the practice of
real estate. The course also provides CAR members with a study of the State of
California fair housing laws and regulations. The course emphasizes anti-
discriminatory conduct that all licensees should practice and concludes by
discussing the voluntary affirmative action marketing program and why promoting
fair housing laws is a positive force at work in California and throughout the nation.
NAREB follows a strict code of ethics stating that “any Realtor shall not discriminate
against any person because of Race, Color, Religion, Sex, National Origin, Disability,
Familial Status or Sexual Orientation” (Part I, Section 2, NAREB Code of Ethics):
In the sale or rental of real property;
In advertising the sale or rental of real property;
In the financing of real property;
In the provision of professional services.
Part I, Section 2 of the NAREB Code of Ethics continues , stating that any “Realtor shall
not be instrumental in establishing, reinforcing or extending any agreement or
provision that restricts or limits the use or occupancy of real property to any person or
group of persons on the basis of race, color, religion, sex, national origin, disability,
familial status, or sexual orientation.”
NAREB’s California Ch apter offers statewide conferences to educate its members.
The most recent conference was held in October 2019: Democracy in Housing.
NAREB’s local chapter called Inland Empire Association of Realtors serves the San
Bernardino area.
B. Fair Housing Practices in the Rental Housing Market
This section analyzes potential impediments to fair housing in renting.
Advertising
Advertising is also the first consideration for a potential renter. Discriminatory
language includes listings expressing a preference for families, students, or single
individuals and references to the allowance of pets. Language like this may indicate
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a preference for certain types of people while also excluding people who may need
a guide dog or emotional -support animal.
Potential renters may also face discrimination when responding to ads or viewing a
unit based on their perceived race and social class.
Potentially Discriminatory Language in Rental Listings
Discrimination
Type
Number of
Listings Potentially Discriminatory Language
No
Discriminatory
Language
18
Income
Related 3
“Must make 3x the monthly rent, pass criminal
background check, no bankruptcies or lease breaks”
“For the quickest response, have a 650 FICO or higher”
“Need to make 2 and a half times the rent, proof of
income, no evictions, no felonies”
Disability
Related 4
“No pets allowed”
“Sorry, no pets”
“No pets” (x2)
Household Size/
Family Related 0
Table 34: Discriminatory Language in Rental Listings
Source: www.trulia.com, www.zillow.com, www.realtor.com, www.craigslist.com, accessed February
10, 2020
California Apartment Association
The California Apartment Association (CAA) is the country’s largest statewide trade
association for rental property owners and managers. CAA was incorporated in 1941
to serve rental property owners and managers throughout C alifornia. CAA represents
rental housing owners and professionals who together manage more than 1.5 million
rental units. CAA has a local association called CAA-Greater Inland Empire that
services the counties of Imperial, Riverside, and San Bernardino.
CAA supports the spirit and intent of all local, state, and federal fair housing laws for
all residents without regard to color, race, religion, sex, marital status, mental or
physical disability, age, familial status, sexual orientation, or national origin. Members
of the California Apartment Association agree to abide by the following provisions of
their Code for Equal Housing Opportunity:
We agree that in the rental, lease, sale, purchase, or exchange of real
property, owners and their employees have th e responsibility to offer housing
accommodations to all persons on an equal basis;
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We agree to set and implement fair and reasonable rental housing rules and
guidelines and will provide equal and consistent services throughout our
resident’s tenancy;
We agree that we have no right or responsibility to volunteer information
regarding the racial, creed, or ethnic composition of any neighborhood, and
we do not engage in any behavior or action that would result in steering; and
We agree not to print, display, or circulate any statement or advertisement
that indicates any preference, limitations, or discrimination in the rental or sale
of housing.
CAA provides members with tenant screening services, application forms, and other
types of landlord-tenant forms, which if used by CAA members provide legal
procedures for processing rental applications and resolving tenant issues. Further,
should landlords stay within these guidelines, they will likely avoid committing housing
violations. CAA offers a landlord helplin e where landlords can call and speak to an
attorney about their responsibilities. Lastly, all members receive a fair housing flyer to
post at their properties stating that it is illegal to discriminate based on the protected
classes.
When CAA receives complaints about potential fair housing violations, the
association provides tenants with information on their rights and then refers them to
the California Department of Fair Employment and Housing to file a claim.
CAA offers a certificate in residential m anagement, which requires a course on fair
housing law. In addition, the CAA website provides links to the Fair Housing Institute
and Fair Housing Network. Members receive CAA Issue Insight, an online publication
that provides in-depth discussion of fair housing or landlord-tenant issues. CAA offers
training opportunities across the state and in the Inland Empire. CAA has a landlord
helpline open Monday through Friday where landlords can ask questions about
landlord-tenant issues and property management. Questions can be submitted
online or over the phone. CAA also provides free forms online to its members, such as
rental applications and lease agreements. CAA provides fair housing information to
renters at outreach events.
C. Fair Housing Services and Statistics
Patterns of complaints and enforcement are useful when assessing the nature and
level of potentially unfair or discriminatory housing practices in the private sector.
Several public and private agencies may receive complaints about unfair housing
practices or housing discrimination.
At the federal level, the Office of Fair Housing and Equal Opportunity (FHEO) of the
U.S. Department of Housing and Urban Development receives complaints of housing
discrimination. FHEO will attempt to resolve matters informally. FHEO may act on
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those complaints if they represent a violation of federal law and FHEO finds that
there is “reasonable cause” to pursue administrative action in federal court.
At the state level, the Department of Fair Employment and Housing (DFEH) has a
similar role to FHEO. DFEH also receives, investigates, attempts to settle, and can take
administrative action to prosecute violations of the law. FHEO and DFEH have some
overlap in jurisdiction and depending on the nature of the case, may refer cases to
one another. DFEH is a HUD Fair Housing Assistance Program (FHAP) grantee,
meaning that it receives funding from HUD to enforce federal fair housing law in the
state.
U.S. Department of Housing and Urban Development, Office of Fair Housing, and
Equal Opportunity (HUD)
From 2015 to 2016, 114 fair housing discrimination cases in the County of San
Bernardino were forwarded to the Office of Fair Housing and Equal Opportunity. The
table below presents the bases for the cases forwarded. Disability was included as a
basis for complaint in 51.8 percent of cases. Race followed at 22 percent.
HUD Basis for Complaint
# Percent
Race 25 22%
Black or African American 21 18.4%
Native American 2 1.8%
White 1 0.9%
Color 1 0.9%
National Origin 12 10.5%
Hispanic Origin 11 9.6%
Disability 59 51.8%
Religion 3 2.6%
Sex 10 8.8%
Retaliation 15 13.2%
Familial Status 17 14.9%
Table 35: HUD Fair Housing Complaints
Source: 2019 HUD
Note: Complaints may be made on multiple bases. Therefore, the percentages do not total 100
percent.
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California Department of Fair Employment and Housing (DFEH)
From 2015 to 2019, 16 fair housing discrimination cases in the City of San Bernardino
were forwarded to the California Department of Fair Employment and Housing. The
table below presents the bases for the cases forwarded.
DFEH Basis for Complaint
# Percent
Race 3 18.8%
National Origin 3 18.8%
Disability 4 25.0%
Religion 1 6.3%
Familial Status 1 6.3%
Marital Status 1 6.3%
Source of Income 1 6.3%
Sexual Orientation 2 12.5%
Table 36: DFEH Basis for Complaint
Source: 2019 California Department of Fair Employment and Housing
Inland Fair Housing and Mediation Board
The Inland Fair Housing and Mediation Board (IFHMB) is a nonprofit, public benefit
corporation that has served San Bernardino County and parts of Riverside and
Imperial Counties in Southern California since 1980. IFHMB’s services are provided to
the community free of charge and are funded through the U .S. Department of
Housing and Urban Development’s Community Development Block Grant (CDBG)
program provided by the City of San Bernardino and the County of San Bernardino.
The purpose of IFHMB is to ensure that all members of the community have equal
access to safe, affordable housing and to eliminate discrimination in housing. IFHMB
headquarters is in Ontario and has satellite offices in San Bernardino, Victorville, Indio,
and El Centro.
IFHMB provides numerous services including:
Information, investigation, education, and conciliation and/or referrals of
housing discrimination complaints
Fair housing workshops to educate housing providers, tenants, homeowners,
and financial and lending institutions
Information to tenants, landlords, mobile home park owner s, and mobile home
residents on their rights and responsibilities
Mediation as an alternative to resolve housing issues for tenants, property
management, and owners.
From 2018 to 2019 the number of clients served in San Bernardino are broken into two
cl assifications:
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Fair Housing clients – 143 households and 394 persons assisted
Landlord/Tenant clients – 758 Households and 2,363 persons assisted
A large majority of the clients were Latino (1,119 persons and 304 households) and
African American (757 persons and 273 households). Most discrimination complaints
were because of disability followed by race. Eviction , housing repair needs, and
tenant rights were the most common housing issues. In 2018 -2019 IFHMB prepared fair
housing literature (7,448 brochure s distributed), conducted several fair housing
workshops (330 persons attended14 regional workshops), and paid for cable
television promotion (23 cable releases).
Persons Served 2018-2019
Discrimination Cases
Extremely
Low
Income
Very Low
Income
Low
Income
Moderate
Income TOTAL
Fair Housing 262 70 57 5 394
Landlord/Tennant 1380 506 388 89 2,363
Persons with Disabilities
Discrimination Cases Female-Headed
households Seniors Persons with
disabilities
Persons w/disabilities
(households & Persons) 341 305 535
Table 37: IFHMB Persons Served 2018-2019
Source: Inland Fair Housing and Mediation Board, 2018-2019 San Bernardino annual report
Hate Crimes
Hate crimes are committed based on a bias against gender, mental disability,
physical disability, race, religion, or sexual orientation. The table below shows that
there were 35 hate crimes reported within the City in the past five years. Twenty -four
(68 .6 percent) hate crimes were motivated by race or ethnicity and 1 1 (31.4
percent) were motivated by sexual orientation. Reported hate crimes represent less
than 1% of all crimes over this 5-year period.
Hate Crimes Reported
Gender Mental
Disability
Physical
Disability Racial Religion Sexual
Orientation
2015 0 0 0 3 0 1
2016 0 0 0 7 0 1
2017 0 0 0 6 0 5
2018 0 0 0 4 0 0
2019 0 0 0 4 0 4
Total 0 0 0 24 0 11
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Since 2015, overall crime has
decreased by 8.6 percent.
Table 38: Hate Crimes Reported
Source: San Bernardino Police Department, 2015-2019
Overall, crime has decreased in the City since
2015, with some small yearly increases in -
between. Since 2015, overall crime has
decreased by 8.6 percent. There were 13,087
crimes reported by the San Bernardino Police Department in 2015 and just 11,955
reported in 2019. The decrease in overall crime is mostly due to a decrease in
property crime (-12.6 percent), however, violent crime has increased by 6.6 percent
since 2015.
Crime
Year Violent Crime Property Crime Total Crime
Percent
Change from
Previous Year
2019 2,874 9,081 11,955 0.20%
2018 2,906 9,014 11,931 6.34%
2017 2,806 8,403 11,209 (7.03%)
2016 2,878 9,178 12,056 (7.88%)
2015 2,697 10,390 13,087 N/A
Table 39: Crime in the City of San Bernardino
Source: San Bernardino Police Department, 2015-2019
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Chapter 7: Fair Housing Progress
G. Impediment: Housing Discrimination
The previous AI identified that discriminatory practices by landlords continue within
the City and that discrimination against persons with disabilities increased.
Action Item 1.1: The City should continue its outreach efforts through its fair housing
service provider to educate landlords and tenants regarding fair housing rights and
responsibilities. Random audits should be conducted periodically to identify problem
properties and implement reconciliation efforts.
Efforts: The City continues to fund the IFHMB to provide landlord/tenant and
mobile home mediation/housing counseling, alternative dispute resolution,
and senior services to City residents. IFHMB also refers housing discrimination
complaints to the City. During FY 2018-2019, 2,757 City residents were served.
Additionally, IFHMB provides local housing provider groups, rental property
owners, community agencies, and the public with education and outreach on
housing rights and responsibilities. Under the FY 2020-21 contract with IFHMB
the City will contract for:
Landlord workshops, specifically around the new rent cap law, but also
to highlight fair housing practices.
H. Impediment: Public Policies and Programs Affecting Housing Development
The previous AI identified that a lack of affordable housing disproportionately
affected minority households; there was a need for diversity training for City staff who
interacted with the public; housing discrimination was more prevalent for renter
households; elderly households may be less able to make critical improvements to
their housing; large households found it difficult to find adequately sized , affordable
housing; persons with disabilities faced a greater amount of housing discrimination;
the City does not define supportive housing development; and that San Bernardino
Development code did not comply with State density bonus law.
Action Item 2.1: The City should continue to encourage the development of
affordable housing through: (1) streamlined permit processing; (2) flexibility in
applying design and development standards; (3) density bonuses; (4) other general
plan, administrative and zoning efforts; and (5) public-private partnerships with
developers of affordable housing. The City should continue to offe r housing
rehabilitation assistance to HOME and CDBG eligible households and ensure
affirmative marketing efforts are extended to minority households to encourage
participation in City programs.
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Efforts: In FY 2018-2019, the City sold three newly built ho mes for households at
80 percent AMI.
The City is developing a general lot consolidation incentive that offers a 15
percent density bonus for projects with a residential component, maintenance
plan, and on-site management
The City also developed a streamlined process for certain projects subject to a
Conditional Use Permit through what is called a Minor Use Permit, which
requires less staff time and has lower fees.
In FY 2018-2019, the City improved its Notice of Funding Availability application
and held public meetings to explain the application process.
Action Item 2.2: The City should require that staff members in each department,
specifically those who interact with the public, attend cultural diversity training
periodically but at a minimum at time of employment.
Efforts: The City offers two cultural diversity training session s per year that are
open to all City staff. Cultural diversity training is not currently required for any
staff and the City does not track which staff members attend the training
sessions.
Action Item 2.3: Homeownership is particularly important as a vehicle for providing
decent housing for working families. In cooperation with lending institutions, local
associations of realtors, and fair housing providers, the City should provide outreach
to inform lower-income households of special local, state, and federal homebuyer
assistance programs.
Efforts: The City partners with IFHMB and Neighborhood Partnerships Housing
Services Inc. to provide first-time homebuyer workshops as well as
default/foreclosure prevention counseling, reverse mortgage counseling, and
financial education workshops.
Action Item 2.4: The City should continue its efforts to expand the variety of available
housing types and sizes. In addition to persons with disabilities, senior households can
also benefit from a wider range of housing options. To allow seniors to age in place,
small one-story homes, townhomes, or condominiums may be needed.
Efforts: In FY 2018-2019, the City partnered with the County of San Bernardino
and National Community Renaissance to redevelop the Waterman Gardens
public housing project and construct a $79 m illion mixed-income affordable
housing community of 184 units. The project received $20 million in Affordable
Housing and Sustainable Communities (AHSC) funds and the City of San
Bernardino contributed $2.5 million in HOME, CDBG and NSP1 to the project.
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In FY 2015-2016, the City partnered with National Community Renaissance to
fund the construction Valencia Vista, a 76 unit affordable housing
development that is part of the redevelopment of the Waterman Gardens
public housing project. The City contributed $1.5 million in HOME funds to the
development. Households served ranged in income from 30%, 50% and 80%.
In FY 2016-17 The City again partnered with National Community Renaissance
to fund the construction of Olive Meadow, a 62 -unit affordable housing
development, which is also part of the redevelopment of the Waterman
Gardens public housing project. The City contributed $734,000 in HOME funds.
Households served range in income from 30%, 50% and 80%.
Action Item 2.5: The City should continue its efforts to expand the variety of available
housing types and sizes. Rental housing units of adequate size for large households
should be encouraged as a large portion of the City’s large renter -households
experience housing problems.
Efforts: In FY 2018-2019, the City partnered with the County of San Bernardino
and National Community Renaissance redevelop the Waterman Gardens
public housing project and construct a $79 million mixed-income affordable
housing community of 184 un its. The project received $20 million in Affordable
Housing and Sustainable Communities (AHSC) funds and the City of San
Bernardino contributed $2.5 million in HOME, CDBG and NSP1 to the project.
In FY 2016-2017, the City again partnered with National Community
Renaissance to fund the construction of Olive Meadow, a 62 -unit affordable
housing development, which is also part of the redevelopment of the
Waterman Gardens public housing project. The City contributed $734,000 in
HOME funds. Households served range in income from 30%, 50% and 80%.
Action Item 2.6: The City should consider incentivizing or requiring universal design
features in new construction or substantial rehabilitation of housing, especially
projects that receive financial assistance from the City.
Efforts: The City did not pursue this action item.
Action Item 2.7: The City plans to amend its Development Code to define and permit
transitional and supportive housing based on the unit type rather than the potential
occupants.
Efforts: The City is currently working on amending the Development C ode to
define transitional and permanent supportive housing in order to facilitate
review and approval process of this housing type.
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Action Item 2.8: According to the City’s 2013-2021 Housing Element, the City commits
to amending their density bonus provisions to comply with State law.
Efforts: The City is currently working on amending the Development Code to
comply with the amended State density bonus law.
I. Impediment: Lending Practices
The previous AI identified that the racial and ethnic composition of conventional
home loans did not reflect the racial and ethnic composition of the City. It was also
identified that white and Asian home loan applicants had the highest rate of
approvals while black applicants had the lowest.
Action Item 3.1: The City should expand outreach efforts to minority households,
especially black households, to raise awareness of and education about
homeownership opportunities.
Efforts: The City partners with IFHMB and Neighborhood Partnerships Housing
Services, Inc. to provide first-time homebuyer workshops as well as
default/foreclosure prevention counseling, reverse mortgage counseling, and
financial education workshops.
As a requirement of HOME, rental projects consisting of five or more units must
include and adhere to affirmative marketing procedures and requirements.
The requirements include:
The City will continue to contract with IFHMB to inform the public, owner
and tenants of fair housing laws;
In its monitoring/inspections of HOME assisted units, City staff reviews all
marketing plans and a sample of tenant files to ensure that fair
marketing practices are being followed. 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 is included in all City and County assisted
housing developments;
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.
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J. Impediment: Demographics
The previous AI identified that the City had moderate levels of segregation between
racial groups. It also found that a higher percent of renters (58 percent) were
affected by cost burden when compared to all households (50 percent).
Action Item 4.1: The City should continue to offer a range of housing options to allow
the greatest residential mobility among its residents. The City should ensure
developers and housing providers using local, state, and federal funds adhere to the
Affirmative Fair Marketing Plan as required.
Efforts: As a requirement of HOME, rental projects consisting of five or more
units must include and adhere to affirmative marketing procedures and
requirements. The requirements include:
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 H OME-
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.”
Action Item 4.2: The City should continue to promote economic development and
expand its housing stock to accommodate a range of housing options and income
levels.
Efforts: The City has implemented an Infill Housing Program tha t constructs units
on City-owned parcels to sell to low-income buyers. In FY 2018-2019, the City
sold three newly built homes for households at 50 percent to 80 percent AMI.
The City partners with Inland Empire Small Business Development Center, which
holds eight-week intensive courses for new businesses and also for existing
businesses I the City of San Bernardino.
The City, as a requirement of federal funding, participates in outreach events
for disadvantaged business enterprises (DBEs) and posts bid documents on the
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City’s website. The City also encourages DBEs to bid on CDBG, HOME, and ESG
construction contracts.
The City partnered with the County of San Bernardino and National
Community Renaissance to leverage $79 million for the construction of 1 84
mixed income units as part of the larger redevelopment of the Waterman
Gardens public housing project.
The City in partnership with National Community Renaissance has developed
and approved the Waterman Gardens specific plan for the neighborhood
around the Waterman Gardens public housing project.
K. Impediment: Housing Market Conditions
The previous AI identified that most of the City’s housing stock (67 percent) was more
than 30 years old and may need rehabilitation, especially housing owned by seniors.
Action Item 5.1: San Bernardino should continue operating their housing
rehabilitation programs and increase efforts to promote the housing rehabilitation
programs.
Efforts: In FY 2018-2019, the City assisted in the acquisition and rehabilitation of
a 38-unit apartment complex (Golden Apartments) for use as permanent
supportive housing for homeless households. Golden Apartments opened for
occupancy in December 2019. In the same year, the City rehabilitated seven
homes through the Owner-Occupied Rehabilitation Loan Program (OORP).
The City also maintains lead-poisoning and abatement procedures in all
rehabilitation activities, where appropriate. Additionally, it provides education
to owner occupants participating in City -funded rehabilitation programs and
sends housing and subrecipient staff to Lead Safe .
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Chapter 8: Fair Housing Action Plan
A. Data Collection and Engagement Conclusions
Through input collected from community members and stakeholders, combined with
quantitative data and analysis included in the previous chapters, the following key
issues have been identified for the City of San Bernardino.
Housing Discrimination
Lending Practices
Age and size of housing stock
Resources for mobility (job preparedness and access to jobs)
Increasing numbers of homeless seniors
B. Setting Fair Housing Priorities and Goals
Following the period of public engagement conducted for the Fair Housing
Assessment, program partners held meetings to analyze and interpret community
comments alongside of HUD and local data in order to create regional fair housing
goals. Goals have been set specific to the issues that must be addressed. Area
program partners and stakeholders worked with the City to help determine fair
housing goals and priorities.
HUD provides a list of potential contributing factors in each section, accompanied
by descriptions of those potential factors. The City used the HUD-provided list of
potential fair housing contributing factors, along with the explanation of each factor,
to determine whether any factor listed creates, contributes to, perpetuates, or
increases the severity of one or more fair housing issues.
Other factors were included if they create, contribute to, perpetuate, or increase the
severity of one or more fair housing issues. In addition to the analysis using HUD -
provided data, local data, and local knowledge in each section of the AI, the
community participation process may be of assistance to program participants in
helping to identify and prioritize the contributing factors that should be the focus of
the AI. As part of the engagement process, input from housing and social service
participants was emphasized.
C. Contributing Factors to Fair Housing Issues
City staff, stakeholders, and the community at-large identified and prioritized fair
housing issues and contributing factors to fair housing. The following contributing
factors to fair housing issues have been identifies as “medium” or “high” based on
community engagement and data compiled from either HUD or other local sources.
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Contributing Factors to Fair Housing Issues
Fair Housing Issues Contributing Factors Priorities
Low Medium High
Disparities in Access
to Opportunity:
Affordable Housing
Low volume of affordable
housing
Poor housing conditions and
blight
Poor outside perception.
Developers do not want to build
in the City.
Lack of funding for new housing,
housing rehab and or
maintenance
More housing assistance funding
is needed
Tenant background checks stop
families from receiving housing
Lack of advocacy for affordable
housing. Not-My-Backyard
attitudes create a tough land
development process for new
affordable housing plans
Lack of private company
investment
Low number of accessible units
for a growing elderly and/or
disabled population
Disparities in Access
to Opportunity:
Income &
Employment
Cannot find housing in preferably
located neighborhoods. Long
commute time (average: 26
minutes) (one of the 10 worst
commutes in the U.S.)
Lack of convenient transit routes
and stops
Lack of jobs
Lack of skilled workers and
training opportunities
Disparities in Access
to Opportunity:
Education
Lack of educated workforce
Daycare before or after school
Access to the internet
Work schedule does not permit
Lack of time or finances for higher
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education
Families do not prioritize higher
education
Disparities in Access
to Opportunity:
Racially
Concentrated Areas
Available housing in racially
concentrated areas is scarce
Lack of homeowners in racially
concentrated areas
Disparities in Access
to Opportunity:
Homeless and
homelessness
services and
prevention
Homeless services are at capacity
Lack of/or acceptance of
“Housing First” programs
Natural disasters are financially
devastating to low income
families
Homeless shelter space is at
capacity
Disparities in Access
to Opportunity:
Economic
development
Struggling downtown
Lack of mixed-use development
in the downtown
Lack of economic development
incentives and business
recruitment/retention
High crime rates
Local politics is affecting
economic development
Other Impediments:
Income
Citywide there is a problem with
poverty (particularly African
American ethnicity)
High unemployment and poverty
rates
Low- and moderate-income
populations cannot afford to
purchase a home
Lack of programs that link people
with available jobs
Table 40: Contributing Factors to Fair Housing Issues
Source: Community Survey results; Stakeholder interviews; 2020 Housing Summit
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D. Priority Goals and Actions
The highest priority Contributing Factors to Fair Housing listed on Table 39 are based
on community engagement activities and data analysis. They are:
Affordable Housing
o Low volume of affordable housing
o Poor housing conditions and blight
o Tenant background checks stop families from receiving housing
o Lack of advocacy for affordable housing. Not-My-Backyard attitudes
create a tough land development process for new affordable
housing plans
o Low number of accessible units for a growing elderly and/or disabled
population
Income & Employment
o Lack of convenient transit routes and stops to get to work
o Lack of jobs
o Lack of skilled workers and training opportunities
o High unemployment and poverty rates is impacting earning capacity
o Low- and moderate-income populations cannot afford to purchase
a home
Education
o Access to the internet is needed for secondary and higher education
o Work schedule does not permit families to seek higher education
Racially Concentrated Areas
o Lack of homeowners in racially concentrated areas
Homelessness Services and Prevention
o Low number of accessible units for a growing LMI elderly
and/disabled population
o Homeless shelter space is at capacity
Economic Development
o Struggling downtown
o Lack of mixed-use development in the downtown
o Local politics is affecting economic development
The following goals and action steps were developed as a result of specific data
capture, partner agency consultation, existing programs and policies, community
engagement, outreach activities, and issue prioritization. Through the AI process, the
following six goals have been developed with associated action steps as shown in
Table 40:
Goal 1: Provide housing solutions and incentives for special needs populations.
Goal 2: Increase affordable housing opportunities.
Goal 3: Increase homeownership opportunities for all ethnicities and income
groups.
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Goal 4: Create public awareness of fair housing laws and affordable housing
advocacy.
Goal 5: Increase earning capacity of low- and moderate-income residents.
The following table describes and lays out the top issues, priority goals , and action
steps that will further fair housing. Several high priority action steps have been
highlighted to provide clearer direction for Council, City staff , and partnering
agencies.
Goals & Action Steps
Top Issue Goals Action Steps
Goal 1
Provide
housing
solutions and
incentives for
special needs
populations.
1. Work with agencies that assist with the
housing needs particularly the elderly,
those with disabilities, and homeless.
(Single parent households’ makeup
almost 19 percent of the total
households. Thirteen percent of the
population are reported to have
disabilities. Twenty three percent of the
total homes contain at least one or more
elderly person)
2. Work with housing developers to create
affordable housing options for special
needs populations.
Goal 2
Increase
affordable
housing
opportunities.
1. Support integrated housing approaches
near designated employment areas/
centers and transit.
2. Promote building new units containing 2
or 3 bedrooms for larger families.
3. Encourage innovative low-cost housing
materials such as modular construction.
4. Identify funding for transitional and
permanent supportive housing
development. Priority should be given to
homeless and special needs households
or persons.
5. Understand the specific redevelopment
obstacles related to construction on the
local level that can be changed.
6. Explore more ways to work with
developers to promote housing
construction training opportunities
homeless.
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Goal 3
Increase
homeownershi
p opportunities
for all
ethnicities.
1. Work with local banks (particularly Wells
Fargo) in expanding down payment
assistance programs for first-time home
buyers. Partner with lenders to
encourage lending to low-income first-
time homebuyers.
2. Incorporate: home ownership education,
budgeting, and home maintenance
education and skills into housing
programs.
3. Retain existing homeowners by
promoting and enhanced funding to the
City’s existing Owner-Occupied Housing
Rehabilitation Program. As well as tap
into other future housing reinvestment
programs and resources that may exist in
the region.
Goal 4
Create public
awareness of
fair housing
laws and
affordable
housing
advocacy.
1. Coordinate with the IFHMB to enhance
local outreach about the positive
impacts of affordable housing.
2. Work with IFHMB, as part of its Fair
Housing contract, to annually review and
report on apartment rental
advertisements released by private
housing companies. 2018-2019 IFHMB
report for the City noted numerous
discrimination cases.
3. Enhance local land use and zoning laws.
a. Identify priority goals and target
areas for new housing and or
housing rehab where employment
and transit opportunities exist.
4. Create regulations conducive to
affordable housing needs. Introduce
appropriate building envelope sizes for
each zoning district and be inclusive with
regards to unit size building height,
reduced parking, transit and pedestrian
connectivity.
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Goal 5
Increase
earning
capacity of
low- and
moderate-
income
residents.
1. Work with major employers to develop
incentives for new housing near their
work.
2. Improve education and provide skills
training for education, healthcare,
manufacturing and construction jobs.
a. Create partnerships with
California’s Employment
Development Department,
Workforce Development Board,
Workforce Development Aging &
Community Services, California
Building Industry Association,
Southern California Building
Association, San Bernardino Valley
College, Riverside Vocational
College, Concorde Career
College, and the Career
Technical Education.
b. Strive to collaborate with
education and vocational
institutions to provide workforce
readiness programs.
3. Work with higher education systems to
create college-readiness programs,
financing solutions and family
preservation programs for first generation
students.
4. Increase opportunities that target
“Second Chance”, persons with
disabilities, at-risk homeless individuals,
and job retraining program. Agencies
such as the Center for Employment
Opportunities, Technical Empl oyment
Training, Inc, Department of Workforce
Development Board, America’s Job
Centers of California, and San Bernardino
County Workforce Investment Board.
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E. Regional Collaboration
Many issues, such as homelessness, affordable housing, jobs-housing balance,
housing discrimination and access to services are issues that require the
collaboration between cities, the County, and nonprofit agencies throughout the
San Bernardino region. I n recent years, the City has undertaken multiple initiatives
that address housing-related issues including: owner-occupied housing rehabilitation
program, first-time homebuyers programs in coordination with Wells Fargo ,
Microenterprise Program working with small business owners, and Infill Housing
Program to provide housing for LMI families. The City annually collaborates with
Community Action Partnership of San Bernardino, Family Service Association of
Redlands, Lutheran Social Services, The Salvation Army Hospitality House and Step Up
on Second for street outreach, emergency shelter, rapid-rehousing, case
management and homeless prevention services. In addition, the City works with the
St. Bernadine’s Hospital and Community Hospital, and Dignity Health in San
Bernardino to provide homeless patients with appropriate healthcare and bridge
housing and case management services. The City collaborates annually with the
IFHMB to conduct and react to any complaints surrounding housing discrimination
and fair housing education and promotion.
Continuing these planning efforts and implementation would bridge the gap of
disparities among neighborhoods. Most of the Action Steps noted in Table 40 require
collaboration. The Public Engagement planning process for the AI and 5 -Year
Consolidated Plan was based upon positive community -wide and agency support
and participation. The City has created a solid foundation to continue work with its
area partners to create a path that initiates and completes the Plan’s action steps.
The City is collaborating with the Center for Community Investment and Dignity
Health in its Accelerating Investment for Healthy Communities initiative. The AIHC
initiative in partnership with the City and Dignity Health has as its goal to create a
minimum 800 units of affordable housing during the Con Plan planning period. The
City is also collaborating with the SB School District in its Uplift San Bernardino
initiative.
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APPENDIX A: Community Engagement Summary
A Introduction
The public participation process for the AI sought input from community members
and stakeholders. Methods included on -line and paper surveys for community
members, stakeholder interviews, community meeting s, pop-up events and focus
group meetings. The AI development engagement process took place in November,
December, and January. The process will conclude with a 30 -day public review
period and a public hearing.
B Community Meetings
Community meetings were attended by representatives of Neighborhood
Partnership Housing Services, Inc., Executive Director of Akoma Unity Center, National
CORE, Dignity Health, Accelerating Investment for Healthy Communities (AIHC),
Housing Authority County of San Bernardino, Hope Through Housing, and Executive
Director of Community Engagement for the San Bernardino City Unified School
District.
Six community engagement meetings were held:
January 21, 2020, 11 AM – 1 PM @ Rezek Center, St. Bernardine Medical
Center, 2101 N. Waterman Ave, San Bernardino
January 18, 2020 9:30 AM -11:30 AM @ Akoma Unity Center, 1367 N California
St, San Bernardino
January 22, 2020 4PM – 5PM @ Maplewood Homes, 906 Wilson St, San
Bernardino
January 23 4PM – 5PM @ Olive Meadows, 610 East Olive Street, San Bernardino
January 23, 2020 5PM – 6:30PM @ Valencia Vista, 950 N Valencia Ave, San
Bernardino
January 24, 2020 9AM – 10:30PM @ San Bernardino Valley College, 701 S Mt
Vernon Ave, San Bernardino
REOCCURRING THEMES:
There were eight re-occurring themes including: Affordable housing, target areas for
redevelopment and safety, community services needed, homeless/homeless
prevention services, infrastructure needs, City communications, jobs and
employment and crime safety.
Housing Needs:
Affordable housing
Target Areas for Redevelopment and Safety:
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9th Street and Baseline St (problems include drunk behavior, human
trafficking, cars are drag racing, traffic calming measures, poor site
distance at intersections, unsafe area for pedestrians and families.
Valencia Vista Area - homes deteriorating.
Olive Street and Valencia Ave - A stop sign or traffic calming is needed.
Southern San Bernardino. Safety concerns for young children.
Auto-shop across from Valencia homes. Shootings and drug-related activity
exist.
Base Line Street and Sierra Way. Safety concerns Sierra Way (Liquor store
area) and Base Line Street. Shootings are prevalent. Facade improvements
are needed on Baseline Street
Community Services Needed:
Youth services for at-risk youth (YMCA).
Create more low cost children’s programming such as sports.
Housing programs for special needs people particularly those with
disabilities and mental health services. AIHC ties in Housing and Health. Put
an emphasis on affordable housing, homelessness, and health because
they are all interconnected.
Veteran’s homeless assistance programs.
Work with valuable service entities including: COPE: Congregation of
Prophetic Engagement,
UPLIFT, catholic groups, the County, Dept. of Public Health, First Five, senior
advocacy groups, and neighborhood associations.
Homeless & Homeless Prevention Services:
Create jobs for homeless. Create job programing that eases them into job
responsibilities.
Create promotion and advocacy for homeless awareness
Collaborate with other communities.
Increase and expand emergency low barrier shelters.
Update and increase public housing.
Infrastructure Needs:
School safety. Hire more cross guards for schools. Increase lighting around
schools and routes to schools.
Increase streetlights and sidewalk safety. Expand the City’s sidewalk
network.
Update facilities and infrastructure to be accessible.
City Communications:
Increase City communications with regards to spending and future
Consolidated Plan projects. Particularly with community groups. I.e.
Communicate via water bills.
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Jobs & Employment:
Increase jobs, the number of businesses, and career opportunities.
Revitalize and rehabilitate the City’s Downtown Rehabilitation.
Create more social and community events.
Encouragement for small business opportunities.
Expand access to transportation– i.e. additional bus routes and stops, and
longer run times. Include service animal accessibility.
Crime & Safety:
Reduce criminal activity.
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C Stakeholder Interview Summary
Throughout the City fourteen stakeholder interviews were held with the following
entities:
Catholic Charities of San Bernardino
and Riverside Counties
Continuum of Care – San
Bernardino County
California State University – San
Bernardino
Inland Fair Housing and
Mediation Board
Hope through Housing Inland Congregations United for
Change
Omni Trans Center for Employment
Opportunities
Dignity Health National Core Renaissance
Salvation Army Mental Health Systems
Neighborhood Partnership Housing
Services, Inc.
San Bernardino Department of
Behavioral Health
The following priority issues and needs were established throughout the interview
process:
Issues Needs
Affordable Housing
Location of housing Need Affordable housing near transit lines
Occupy vacant City lots
Stock More affordable housing
Security Safe affordable housing
Alleviate Poverty Need housing for those in poverty, who include people of
color and single women.
Barriers High cost of land, construction. Lead to higher priced
housing.
Zoning regulations
Not in my backyard mentality
Lack of funding
Crime/bad reputation for City
Housing Choicer
Voucher
Long wait times
Application process Need housing navigation
Accessibility Units are not accessible
Conditions Poorly managed properties
Address absentee landlord issue
Existing units Rehabilitation of existing housing stock
Need more code enforcement
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Vital Services & Homelessness Prevention
Connect homeless
people to services
Provide outreach to those residing in bus shelters
Need Housing First/Low Barrier
Informed care
Shelters Shelters are full
Domestic Violence Need to reduce domestic violence
Homeless housing Being created, need more
Need to involve partners to be creative in finding solutions
(e.g. Amazon, Stater bros, Weingart, Union Pacific
Foundation)
Education People don’t understand homeless issues.
Need to humanize homeless persons
Youth Increase in homeless youth
Need life skills
Institution -> Housing Need assistance from institutions to permanent housing
Communication Government to Government communication is needed
Basic needs Need resource centers for homeless individuals
Police Need for education of Police Department to approach
Homeless in a productive way
Increase Family Income
Self Sufficiency Need more programs to improve self sufficiency
Need to raise family incomes
Families & Individuals in Transition
Drugs/Alcohol
Rehabilitation
Need for sober housing
Special Needs or Target Populations
Housing Need Housing for mentally ill
Discharge from
Hospitals
Those discharged from hospitals need support for follow
ups/find housing (Care coordination)
Medi-Cal does not pay very well for hospice care, which is
a big cost to hospitals
Hotel for discharge patients is ideal
Veterans need housing when homeless
St. Bernardines, through donations, provides discharges
clients new clothes, shoes
Emergency/Natural Disaster Effect Vulnerable Populations
Transit Summer/Winter conditions, heavy rains affect riders
waiting for transit
Heat Hospitals used as cooling centers; people can stay inside if
they “say the right things”
Energy People with disabilities (home dialysis)
Warming shelters shut off
Homelessness Homeless persons are at risk during natural disaster
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Those living by the Wash most susceptible
Winter Winter increases the number of vulnerable homeless
persons
Need low barrier shelters during this time
Fires Not enough shelter for those whose houses burn, will likely
make people homeless
Crime Low/Mod families vulnerable to crime, a lot in SB
One-car households are vulnerable, especially if one
family member is at work while an emergency happens.
Employment and Workforce Development
Homeless Employment training for homeless individuals. A new
temporary employment agency will be opening in the City
with a focus on employment for homeless persons) talk to
Jennifer Kawar with the NPFF.
Low wages make it difficult for people to move up
No vocational funding for those with criminal backgrounds
Fair Housing
Education Need education on fair housing rights for tenants and
landlords
Discrimination Discrimination on basis of familial status, voucher status,
disability, race
Criminal background checks can cause people to think
they’ve been denied
Landlords may deny those with criminal background
reentering
Target Areas
Arrowhead Grove Community
Waterman and Baseline (Crime is happening in this area)
Future CDBG Expenditures
Homeless Interventions Using abandoned Motels/hotels for affordable housing
Focus on specific homeless subpopulations
Housing Asset mapping
Gap analysis
Rehabilitation
Social services
Invest in coordination between agencies
Funding to rehabilitate homeless individuals who are
discharged from hospitals (Dignity Health) (ESG funding)
Homeless resource centers (one-stop) (ESG funding)
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Broadband
Access to housing
applications
HACSB has application online, people should be able to
access internet
Workforce People need internet to apply for jobs
Homeless
Services/Welfare Access
People don’t have access to broadband
Need tech literacy/digital equity
Libraries have computer but limited hours
Need computer labs for those that don’t have internet at
home/no home
Homeless persons need tech help/literacy
D Pop Up Events
Four Pop-Up events were attended including a local football game, San Bernardino
Fest 2019 Airshow, Housing Authority County of San Bernardino, and City of San
Bernardino Winter Wonderland. Common themes derived from the events include:
o What are the most critical economic development initiatives needed?
o Job creation
o Job generating businesses
o What are the most important areas of need?
o Affordable housing for the homeless
o Services for the homeless
o What is the most critical homelessness needed?
o Transitional housing
o Emergency shelters
o What are the most critical community services?
o Youth activities and children after school
o Youth summer programs
o What is the most critical infrastructure needed?
o Repaving of streets
o Street lighting
o What is the most critical housing needed?
o First-time homebuyer’s assistance
o Construction of new affordable units and housing for larger families
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0 20 40 60 80
Job creation/job generating…
Job readiness programs
College readiness programs
Grants/loans to small…
Counseling/training for…
Other
0 20 40 60 80 100
Services for the homeless
Affordable housing
Economic development
Youth issues
Infrastructure E.g) sidewalks…
Senior issues
HIV/AIDs housing
Other
0 10 20 30 40 50
Youth centers
Parks and recreational facilities
Libraries
Community centers
Childcare centers
Healthcare facilities
Firestations and equipment
Senior centers
Other
0 10 20 30 40 50 60
Transitional housing
Emergency/overnight shelters
Permanent supportive housing
with social services
One-time rent/utility payments
Other
What is the most critical
economic development need
in San Bernardino?
What are areas of need most
important to you?
What is the most critical
community facility needs?
What are the most critical
homelessness needs?
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0 10 20 30 40 50 60 70
Youth amenities (activities?)
Children after school/summer…
Programs for at-risk youth
Childcare services
Senior activites
Other
0 20 40 60 80 100
Street/alley…
Street lighting
Tree planting and urban…
Safe routes to school
Accessibility improvements…
Graffiti removal
Water/sewage improvements
Broadband internet access
Electric vehicle charging station
Other
0 20 40 60 80
First-time homebuyer stance
Constructon of new affordable…
Housing for large families
Accessibility improvements
Housing for those with…
Renter-occupied housing…
Senior housing
Owner-occupied housing…
Other
What are the most critical
community services needed?
What are the most critical
community infrastructure
needs?
What are the most critical
housing needs?
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E Housing Summit
The City hosted a Housing Summit on Thursday, February 6 th , 2020 at the Arrowhead
Country Club located at 3433 Parkside Drive in San Bernardino from 8:00 AM to 12:00
PM. A Housing Summary Package was prepared and is attached to this Appendix
and includes the event’s promotional flyer, agenda, sign -in, and speaker
presentation.
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Housing Summit Notes:
General Questions/Comments/Concerns:
How can you entice affordable housing?
o Clemente Mojica: For single-fam development lower, it means to lower
impact fees and streamline the development process
Think about all the overlays, NIMBYYS, subsidies, tax credits – it will
help to lower impact fees and streamline approval process
o Greg Bradbard: Agrees. Also, National Core Renaissance are a mission
driven. Its about making the numbers work. We want affordable housing,
but is there land and additional dollars with that?
Developer-side: could be more incentives, higher density,
encourages density and affordable units
Melia Lopez (president of neighborhood associations)
o To Tina Roseberry: organization during the survey and organization
outreach
Need to include Neighborhood Associations on the slide
Important to be at the table because there’s a big disconnect
b/w policy makers, organizations, agencies
We strongly encourage to be included, they are an investor as
well and live in San Bernardino
o To panel: If you are having coalition to anything, the neighborhood
associations need to be involved on the table and beyond Commission
Need to be creative and get the community involved
Purpose
Inform area agencies on current
priority issues and solutions to
housing and homeless
1.Homeless prevention
2.Fair housing law and
discrimination
3.Planning for affordable
housing
4.Workforce development
Keynote Speakers
1.Michael Huntley, City of San
Bernardino
2.Eddie Estrada, Inland Empire
Housing First Program
3.Clemente Arturo Mojica, NPHS,
Inc.
4.Sarah Glenn-Leistikow, Center
for Employment Opportunities
5.Sandra Espadas, Hope Through
Housing
6.Kathleen McDonnel, Dignity
Health
7.Greg Bradbard, Hope Through
Housing Foundation
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These things impact them
o Kristine Gaa responded: They provide wealth and feedback especially
in the Consolidated Plan. The City cares what they have to say. If
anyone has questions, please reach out.
Community Education Partnership - Comment to throw on the table: geared
to add ideas to the ConPlan
o Want to look at what is happening around the entire world. San
Bernardino has the chance to be a model. Governor came down t o talk
about homeless, addition to the plan to turn hotels to affordable
housing, opportunity zones are important to look at San Bernardino is an
opportunity zone
Wells Fargo
o Lot about community living spaces: WeWork
Using it as community living and spaces – smaller dwellings in max
square footage
Development cost: have people looked into it? Does it seem
attractive? Will it help with affordability?
Clemente Mojica: working on strategic corporations. Smaller
homes and are shared, an area that we need to look at,
getting those products off the ground in cities where
approval process is counter intuitive so it is difficult and may
be difficult. So collaborative with Sandra + Kathleen, when
you pipeline a project you identify the choke points. Gaps in
policies and financing and community engagement. Need
to do a better job with engaging the community and make
sure you’re building what the community wants. Community
= shareholders
Gloria Maya: To Core Housing
o How do you account for constant and repetitive actions for resident
harassment to their residents?
Greg Bradbard: Firstly, we should have a conversation offline. But
in general, that does not align with their mission and values. They
do have 25,000 residents so we do have times when residents
don’t agree, and they do manage properties. Those issues do
come up. I want to know.
Question: Federal Government involvement with local leaders
o Lots of opposition b/w local leaders and government
“Housing First”
Eddie Estrada – “Housing First” is a big paradigm shift from what
social service providers used to provide, not only to the city but to
the county. We believe it works and there are challenges. There
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are lot of homeless people with a lot of barriers that they need to
reduce.
o What do they see the resistance is? Is it negative or beneficial?
Eddie Estrada – Explains “Housing First” model. There is something
with HUD to put restrictions with “Housing First”. They tend not to
allow service providers to receive HUD money. To be able to put
some restrictions to address the pipeline.
o To Dignity Health: Most vulnerable population to disease and epidemics,
especially now, that could eventually affect the general public
Kathleen McDonnel – we serve everyone who comes in. They are
treated.
o What does Dignity Health plan to do to help?
Hospital does not sweep out encampments. There are colleagues
that do ministries where they go to the streets and tend to those
who live there. But Dignity Health does not do that.
Council Member answers – disconnect b/w local decision making
and local community members. Heard several comments. We
need more homeownership and don’t want apartments. Heard
about discussion about increase density. That strikes fear into
homeowners and decision makers. Decision makers are elected
officials. We need to have multi family dwellings. There needs to
be good location for it and not just in a single -family home area.
There’s an appropriate place for it – if there are no apartments,
then you lose most families.
Elected Leader (second ward) and works for non -profit that encourage
housing: talking about waiving city fees when it comes to development, how
does waiving these fees benefit the community? It benefits the developer but
how does it benefit the community?
Clemente Mojica: As an affordable housing developer, we are
mission driven. We are not making a lot of money. It’s not market
based. When we build affordable housing as a non -profit, how
much can we recoup while still offering a home that is very
affordable to low-income families? Factor built housing costs less.
20-25% less development construction cycle. The community will
benefit. Families were at 80% AMI, got her into the home. None of
the fees were waived. Appraises just like a site -built home.
Eddie Estrada: as a homeless service provider. Think about how it
helps the individual get into housing. Think of how much it costs as
a city for emergency services, police cars, and ambulances. This is
a hidden cost when you don’t think see that.
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Sandra Glenn-Leistikow: part of the work is understanding the
return of investment to see. People react to numbers. How does
that stabilization bring to the community? AIHC that is what
they’re aiming for.
Ayako: affordable housing is built, either owner or renter is paying no 1/3 of
gross monthly income, they have more disposable income. Pay these sales
taxes. Encourage the City to talk about why affordable housing and more
density is important? Rather than get votes. You need density. Don’t have a
car but that means to build higher density. Need lower site setbacks, need
lower square footage, lower minimums as well as apartments. Utilities are
expensive. Building and safety need to take this into consideration that
heightens the cost of construction.
Because cost of construction is so high, what can you do to get the cost of
construction down? Too risky for smaller developers to use smaller housing
costs, what can we do to accelerate adopting technologies?
Greg Brand Bard: making sure there aren’t regulation that don’t
prohibit us with traditional funding streams. They don’t necessarily
align. Dormitory type style housing could produce more housing
but that doesn’t align with tax-credit funding.
[Maria Gallegos] closing remarks
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F Community Needs Survey
The City prepared a Community Needs Survey in both English and Spanish and
provided online links and paper copies for distribution. The survey was promoted at
scheduled project community meetings, Housing Summit, and pop -up events. The
survey link was posted on the City’s website, stakeholder newsletters, social media
posts and on flyers distributed at community events. The survey period was from
December 9, 2019 to February 29, 2020. The City received approximately 1,011
responses. Included in this summary are the survey informational flyer and online
survey summary.
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Key Findings of the Survey
1,011 Online and Paper responses to online survey.
Response information:
91% English
88% residents
55% homeowners
40 percent renters
58% 10 or more years living in the City
18% less than 10 years
Identified needs in priority order:
1) Housing
Most critical housing needs:
1. First time homebuyer program
2. Construct more affordable rental housing
3. Renter-occupied housing rehabilitation
4. Accessibility improvements
2) Homeless
Most critical homelessness needs:
1. Permanent supportive housing
2. Emergency overnight shelters
3. One-time rent/utility payment assistance
4. Transitional housing
3) Community services
Most critical community services needs:
1. Programs for at-risk youth
2. Children’s after school/summer care
3. Youth activities
4) Economic development
Most critical economic development needs:
1. Job creation
2. College readiness programs
3. Job readiness programs
4. Grants and loans to small businesses
Complete survey summaries are provided below in both English and Spanish.
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Index of Tables, Figures, Graphs, and Maps
Table 1: Population Increase ......................................................................................................... 15
Table 2: Race and Ethnicity ........................................................................................................... 18
Table 3: Languages Spoken at Home .......................................................................................... 19
Table 4: Index of Dissimilarity .......................................................................................................... 20
Table 5: Housing Types ................................................................................................................... 24
Table 6: Housing Tenure ................................................................................................................. 25
Table 7: Persons with Disabilities .................................................................................................... 26
Table 8: Large Households ............................................................................................................. 27
Table 9: Single-Parent Households ................................................................................................ 28
Table 10: Vacant Units and Vacancy Rates ................................................................................ 30
Table 11: Affordability Rent and Mortgage Combined .............................................................. 31
Table 12: Affordability Rent and Mortgage Combined .............................................................. 31
Table 13: Median Home Purchase Price ...................................................................................... 32
Table 14: Rental Housing Cost ....................................................................................................... 33
Table 15: County Fair Market Rents ............................................................................................... 33
Table 16: Income Distribution Overview ....................................................................................... 34
Table 17: Housing Cost Burden Overview ..................................................................................... 34
Table 18: Median Household Income by Race ........................................................................... 35
Table 19: HUD Median Income Limits............................................................................................ 36
Table 20: Employment Status ......................................................................................................... 38
Table 21: Workforce by Industry .................................................................................................... 39
Table 22: Homeless Count ............................................................................................................. 40
Table 23: Homeless Populations .................................................................................................... 41
Table 24: Disposition of Home Loans ............................................................................................. 47
Table 25: Mortgage Approvals by Race/Ethnicity....................................................................... 48
Table 26: Loan Type by Race ........................................................................................................ 49
Table 27: Denials ............................................................................................................................. 49
Table 28: Top Lenders ..................................................................................................................... 50
Table 29: Land Use and Zoning ..................................................................................................... 52
Table 30: Units Per Property ............................................................................................................ 53
Tabl e 31:Housing Types by Zone ................................................................................................... 54
Table 32: Parking Requirements .................................................................................................... 55
Table 33: Discriminatory Language in For-Sale Homes Listings ................................................... 58
Table 34: Discriminatory Language in Rental Listings .................................................................. 61
Table 35: HUD Fair Housing Complaints ........................................................................................ 63
Table 36: DFEH Basis for Complaint ............................................................................................... 64
Table 37: IFHMB Persons Served 2018 -2019 ................................................................................... 65
Table 38: Hate Crimes Reported ................................................................................................... 66
Table 39: Crime in the City of San Bernardino.............................................................................. 66
Table 40: Contributing Factors to Fair Housing Issues .................................................................. 75
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Figure 1: Key Takeaways Community Survey ...................................................................................... 10
Figure 2: Key Takeaways Critical Needs ............................................................................................... 11
Figure 3: Key Takeaways Vulnerable Residents .................................................................................. 14
Figure 4: Age Distribution ......................................................................................................................... 16
Graph 1: Age Distribution in San Bernardino City ............................................................................... 17
Graph 2: Housing Stock by Year Built .................................................................................................... 30
Map 1: Minority Concentration .............................................................................................................. 22
Map 2: Racially or Ethnically Concentrated Areas of Poverty ........................................................ 23
Map 3: Areas of Low- and Moderate-Income .................................................................................... 37
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Activity CDBG Requested ESG HOME NSP1
2020 Grant Fund Allocation 3,405,816$ 295,799$ 1,404,784$ 360,000$
Program Income and Reprogrammed Funds 817,368$ 1,935,694$ -$
Available Funds 4,223,184$ 295,799$ 3,340,478$ 360,000$
Administration (maximum available)681,163$ 22,185$ 140,478$ 60,000$
Section 108 Repayment 763,021$
Micro-enterprise 35,000$
Fair Housing (IFHMB)73,000$
Citywide Concrete Repairs 500,000$
Affordable Rental Housing Project (New Construction or Rehabilitation)500,000$ -$
Infill Housing 700,000$ -$
Seccombe Park Housing Project 1,789,282$ -$
Eastpointe Intentional Housing - Homeownership 300,000$
First Time Homeownership - CHDO 15% Set-Aside1 210,718$ -$
Total Requested 2,052,184$
Public Facilities Projects
Meadowbrook Park 253,000$
Nicholson Park 1,000,000$
Anne Shirrel Park 253,000$
Encanto Community Center - Phase I 665,000$
Public Facilities Projects Total 2,171,000$ -$ -$ -$
Lutheran Social Services (LSS)70,000$
Community Action Partnership (CAPS)54,446$ -$ -$
Family Services Association (FSA)63,000$
Step Up on Second 86,168$
The Salvation Army -$
Total Requested 4,223,184$ 295,799$ 3,340,478$ 360,000$
1Community Housing Development Organization (CHDO) set-aside as required by HOME regulations.
Exhibit B
FISCAL YEAR 2020-2021 ACTION PLAN ACTIVITY RECOMMENDATIONS
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Paul Espinoza, Finance Director
Subject: Approval of Commercial Checks and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for March and April 2020.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website, an d are updated weekly
by the Finance Department. The registers may be accessed by copying the following link
into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>.
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2020-25 Strategic Key Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability. The Mayor and City
Council’s approval of the City’s weekly remittances to third parties promotes
transparency of City business with the public.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for March and April 2020.
Attachments
Attachment 1 Payroll demands for March and April 2020
Attachment 2 Commercial checks for Register #37
Attachment 3 Commercial checks for Register #38
Attachment 4 Commercial checks for Register #39
Attachment 5 Commercial checks for Register #40
Attachment 6 Commercial checks for Register #41
Attachment 7 Commercial EFT Registers #885-886
Attachment 8 Commercial EFT Registers #887
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Attachment 9 Commercial EFT Registers #888-892
Attachment 10 Commercial EFT Registers #893
Attachment 11 Commercial EFT Registers #894
Attachment 12 Commercial EFT Registers #895
Ward: All
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Page 1
Council Minutes
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Georgeann Hanna, MMC, City Clerk
Subject: City Council Approval of Draft Minutes for March 4, 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the Mayor and City Council meeting of March 4,
2020.
Discussion
Attached are the draft minutes for the regular meeting of the Mayor and City Council of
the City of San Bernardino, California, for March 4, 2020.
2020-2025 Key Strategic Targets and Goals
Providing the agendas and minutes from the Mayor and City Council is in alignment with
Key Target No. 2: Focused, Aligned Leadership, and Unified Community.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the Mayor and City Council meetings of March 4,
2020.
Attachments
Attachment 1 Draft Minutes for March 4, 2020
9
Packet Pg. 551
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING
AUTHORITY
WEDNESDAY, MARCH 4, 2020
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 7:00 PM by Mayor John Valdivia on Wednesday, March 4, 2020, in the Board Room,
555 West "6th" Street, San Bernardino, CA. 92405
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
Acting City Clerk Genoveva Rocha
Assistant City Attorney Thomas Rice
City Manager Teri Ledoux
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
9.a
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Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/6/2020
5:30 P.M.
There were no public speakers present prior to the Closed Session.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1)):
i. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1926878
ii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS2003802
iii. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
iv. Pepe’s, Inc., a California corporation, dba Pepe’s Towing v. City of San
Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case
No. 19-56501
v. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS1827968
vi. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal,
4th Appellate District, Division 2, Case No. E074145 (Underlying SBSC
Case No. CIVDS1827968)
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
One case
(C) PUBLIC EMPLOYEE APPOINTMENTS - Pursuant to Government Code
Section 54957(b): City Manager and City Clerk - City Manager initiated to
discuss procedure related to future appointments
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Captain Russell Fritz of the Salvation Army led the invocation and the Pledge of
Allegiance.
CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice stated there was no reportable action taken in
Closed Session.
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Mayor and City Council of the City of San Bernardino Page 3 Printed 4/6/2020
PRESENTATIONS
1. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange gave an update on upcoming Chamber of Commerce activities.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Treasure Ortiz, San Bernardino, spoke on the allega tions against the Mayor and
requested that the City Council take action; she also spoke on the pending claims
against the City.
Thomas Fleming, San Bernardino, spoke on the conditions of the streets in the City.
Paul Sanborn, San Bernardino, spoke on the election results and requested that
Councilmember Mulvihill concede.
Luis Ojeda, San Bernardino, spoke on conceding the council race for Ward 3; he spoke
on the progress in the City and commended Councilmember Figueroa on running a
clean race.
Robert Porter, San Bernardino, congratulated the winners of the primary election. He
requested that the City Council contact the County of San Bernardino and work together
to create a memorial for the victims of the San Bernardino terrorist attack.
Mariah Duran- Novella, CSUSB, spoke on the social welfare need in the community.
Scott Olson, San Bernardino, congratulated Councilmember Figueroa on his win in
Ward 3, stated he hoped Councilmember Richard wins her race, and he spoke on the
issues with the Mayor and the Mayor’s staff.
Harry Hatch, read a letter into the record that he submitted regarding the sexual
harassment allegations against the mayor.
Ali Brown, Alma Spry and Kaylin Lopez, PEP at CSUSB, spoke on attention to safety
in lower-income high crime neighborhoods.
At this time Mayor Valdivia extended his congratulations to Councilmember Figueroa for
winning the election for W ard 3, he stated the Registrar of Voters would release an
updated count later in the week. He thanked the voters for their patience throughout the
election process.
9.a
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Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/6/2020
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion, unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVE THE CONSENT CALENDAR AND PULL ITEM NOS. 6&7.
ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
2. City Council Approval of Draft Minutes for February 19, 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the Mayor and City Council meeting of
February 19, 2020.
3. Approval of Commercial and Payroll Disbursements for January/February
2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for January/February 2020.
4. Monthly Investment Portfolio Report for the Month of January 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for January 2020.
5. Second Reading and Adoption of Ordinance No. MC-1528 Amending
Ordinance No. MC-1522 and Levying Special Taxes to be Collected During
Fiscal Year 2020/21 for Community Facilities District No. 2019-1 (Maintenance
Services) (Annexation No. 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
conduct the Second Reading and adoption of Ordinance No. MC -1528, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2020-21 to pay the annual costs of the maintenance and servicing of street lights,
traffic signals, parks, parkways, streets, roads, and open space, the operation and
maintenance of storm drainage systems, a reserve fund for Capital Replacement,
and Administrative Expenses with respect to City of San Bernardino Community
Facilities District No. 2019-1 (Maintenance Services).
9.a
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Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/6/2020
6. Award of a Professional Service Agreement for ATP Cycle 2 - Safe Routes
to School Project at 3 Locations - Non Infrastructure Component (SS17-
001)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-40, approving the award of a Professional
Service Agreement with ALTA Planning & Design in the amount of $63,944 for
ATP Cycle 2 - Safe Routes to School Project - Non Infrastructure Component
(SS17- 001).
Councilmember Figueroa expressed that this project was another example of
how the City is looking to work with other agencies for the betterment of the
community. He encouraged that the City take a proactive approach with the
remaining schools, specifically Victoria Elementary School, to work with them in
the future.
Mayor Valdivia pointed out that Victoria Elementary fell within the jurisdiction of
Redlands Unified School District, but that it would be a great opportunity to
collaborate with the district for grants since the majority of the students were from
San Bernardino. Mayor Valdivia brought attention to other areas needing
attention.
Councilmember Ibarra thanked staff for their work and suggested that staff look
into the traffic control at Riley Elementary in the future.
RESULT: Adopted
ADOPTED [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
7. Award of Construction Contract for Parking Lot Improvements at
Various Locations
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-41:
1. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include
parking lot improvements at various locations (“Project’); and
2. Approving a total project budget in the amount of $568,201 for the
construction contract in the amount of $496,445, project contingencies in
the amount of $49,756, and engineering and inspection budgets in the
amount of $22,000, for the collective costs for parking improvements at
three park locations; and
9.a
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Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/6/2020
3. Authorizing the Director of Finance to record a budget adjustment in
Parkland DIF Fund No. 268-160-8615-5504 in the amount of $93,047 to
support the full cost of parking lot improvements at the San Bernardino
Soccer Complex portion of the project; and
4. Approving the award of a Construction Contract with Pave West, Inc. of
Arcadia, California, in the amount of $496,445 to perform construction of
the project; and
5. Authorizing the City Manager, or designee, to expend the contingency
fund, if necessary, to complete the project.
Works Direction Kristen Jensen provided the Mayor and City Council with a brief
presentation on the item.
Mayor Pro-Tem Sanchez stated that he pulled this item so that staff could be
recognized for the work that they have done on this project. He commended Deputy
Public Works Director Alex Qishta for vetting all the projects and salvaging the bridge.
Councilmember Figueroa stated he agreed with Mayor Pro-Tem Sanchez. He thanked
the City Manager and staff for their work on the project.
Councilmember Nickel inquired, and Deputy Public Works Director Alex Qishta informed
that the grading would be installed within six weeks and that work on the bridge had
commenced the day before.
RESULT: Adopted
ADOPTED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
8. Resolution for Waste Tire Cleanup Grant Program FY 20/21
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2020-42A of the Mayor and City Council of the City of
San Bernardino, California, approving the submittal of an application for Grant
Programs offered by CalRecycle and related authorizations; and
2. Authorize the Director of Finance to record budget adjustments to Grant Fund
No. 123 revenue (Account No. 123-400-0981-4695) and operating
expenditure budgets (Account 123-400-0981-5015/5111) upon notice of
Waste Tire Cleanup Grant award from CalRecycle.
9.a
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Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/6/2020
9. California Emergency Management Agency Designation of Applicant's
Agent of Resolution
Recommendation
Adopt Resolution No. 2020-43 of the Mayor and City Council of the City of San
Bernardino, California, approving the submission of the updated CAL EMA Form
130, designating the titles of City Manager, Assistant City Manager, Chief of
Police, and Assistant Chief of Police as authorized agents to act on behalf of the
City for all matters pertaining to assistance from federal
Councilmember Nickel inquired and it was explained that the grant was to fund
reimbursement for costs expended by the City.
ITEMS TO BE REFERRED TO COMMITTEE
Councilmember Ibarra announced that the Arts Fest would be held on March 14, 2020;
she inquired whether Staff could fulfill Robert Porter’s request in writing to the President
of the United States to request funding for a memorial dedicated to the victims of the
San Bernardino terrorist attack.
Assistant City Attorney Thomas Rice informed that the item could be brought back to
the Mayor and City Council for consideration at a future meeting.
Mayor Valdivia inquired, and City Manager Teri Ledoux informed that she could have
Staff look into specific grants and present them to the grant writers.
Councilmember Richard wished Mayor Pro-Tem a happy birthday.
Councilmember Mulvihill expressed concern regarding the zoning of multi-family
dwellings near cannabis locations. He inquired if a sampling could be conducted to see
if there is an issue with multi-family dwellings not being zoned residential.
Mayor Pro-Tem Sanchez requested to schedule a discussion regarding the Mayor’s
Staff, receive an update on their tasks, and discuss several options on what will be done
with the Staff moving forward.
Councilmember Mulvihill stated he was also interested in Mayor Pro -Tem Sanchez’s
request.
Mayor Valdivia stated that before a staff report was brought forward, he needed to
discuss the item with the City Manager and City Attorney. He informed he had already
addressed some staffing opportunities with the City Manager.
Councilmember Shorett stated he agreed with Mayor Pro-Tem Sanchez’s request. He
felt that it would fall into a budget item, and it was necessary to have a discussion and
provide an update to the community.
9.a
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Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/6/2020
Assistant City Attorney Thomas Rice requested that the City Council exercise caution
with this topic because of the claims that had been submitted. He stated that it would be
best to discuss the staffing for the Mayor, Council, and City Manager at the budget
meeting. However, he indicated that if they wanted a report on the Mayor ’s Staff, he
would recommend exercising caution in that area, given the situation the City is facing.
Councilmember Ibarra stated that the Council was currently exercising section 502 of
the charter and that it was up to the Council to decide what happens with the Mayor’s
Staff she requested that Staff bring back this item to the Council for discussion.
RESULT: Schedule a discussion items regarding staffing in the
Office of the Mayor for a future meeting.
ADOPTED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
CONFERENCES/MEETINGS ATTENDED
No reports were presented.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, March 4,
2020, at 7:58 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, March 18, 2020, in the Council Chamber located at 555 West 6th Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
By: Genoveva Rocha, CMC
Acting City Clerk
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Georgeann Hanna, MMC, City Clerk
Subject: Adopt Resolution Reciting the Fact of the Primary Municipal
Election Held on March 3, 2020
Recommendation
Adopt Resolution No. 2020-62 of the Mayor and City Council of the City of San
Bernardino, California, reciting the fact of the Primary Municipal Election consolidated
with the Presidential Primary Election held on March 3, 2020 declaring the result and
such other matters as provided by law.
Background
Pursuant to Chapter 2.56.030 of the San Bernardino Municipal Code, the Acting City
Clerk shall serve as the City's Elections Official and shall carry out or cause to be
carried out all the duties imposed on the Elections Official by the California Elections
Code, except as those duties may be carried out by the San Bernardino County
Elections Official for consolidated elections.
On September 18, 2019, the Mayor and City Council adopted Resolution No. 2019 -299,
calling and giving notice of a Primary Municipal Election to be held on Tuesday, March
3, 2020, requesting the Board of Supervisors of the County of San Bernardino to
consolidate said Election with the March 3, 2020, Presidential Primary Election and
permit the San Bernardino County Registrar of Voters to render election services to the
City of San Bernardino for said election, and authorizing the City Manager to pay the
invoice for the costs of the election.
Discussion
The San Bernardino Primary Municipal Election was conducted March 3, 2020, by the
San Bernardino County Registrar of Voters and the results were certified by the
Registrar of Voters on April 1, 2020.
According to the Statement of Votes cast report provided by the Registrar of Voters,
San Bernardino had 55,708 registered voters. Of that number, 16,206 or 29.09% voted
in the Primary Municipal Election.
Attached is a resolution accepting the Acting City Clerk’s certification of the election and
an attachment with the Statement of Votes cast for each of these races, and Statement
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of Certification of Election Results for the 2020 Presidential Primary Election.
The statement of votes declares the following: Jua n Figueroa was elected as Member of
the City Council, Ward 3 for the full term of four years. Kimberly Calvin was elected as
Member of the City Council, Ward 6, for the full term of four years. Pursuant to San
Bernardino Municipal Code Section 2.56.040, both successful candidates shall be
seated and shall begin their term of service following certification of the general election
results. The candidates to represent Ward 5, Henry Nickel and Ben Reynoso, and the
candidates to represent Ward 7, James L. “Jim Mulvihill and Damon Alexander, were
the two candidates from each Ward receiving the highest number of votes for the office
of City Council and, therefore, shall automatically be entered into and appear on the
ballot as the City Council candidates from each Ward at the General Municipal Election
to be held on November 3, 2020.
2020-2025 Strategic Targets and Goals
Certifying the results of the election aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community.
Fiscal Impact
There is no fiscal impact as a result of adopting this Resolution.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-62 of the Mayor and City Council of the City of
San Bernardino, California, reciting the fact of the Primary Municipal Election
consolidated with the Presidential Primary Election held on March 3, 2020, declaring the
result and such other matters as provided by law.
Attachments
Attachment 1 Resolution; Exhibit A-Statement of Votes Cast Report
Attachment 2 Statement of Certification of Election Results 2020 Presidential
Primary Election from the Registrar of Voters
Ward: All
Synopsis of Previous Council Actions:
September 19, 2019 Mayor and City Council adopted Resolution No. 2019-299,
calling and giving notice of a Primary Municipal Election to
be held on Tuesday, March 3, 2020, requesting the Board of
Supervisors of the County of San Bernardino to consolidate
said Election with the March 3, 2020 Statewide Presidenti al
Primary Election and permit the San Bernardino County
Registrar of Voters to render election services to the City of
San Bernardino for said election, and authorizing the City
Manager to pay the invoice for the costs of the election.
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Resolution No. 2020-62
Resolution No. 2020-62
April 15, 2020
RESOLUTION NO. 2020-62
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RECITING THE FACT OF THE PRIMARY MUNICPAL
ELECTION HELD ON MARCH 3, 2020, DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED
BY LAW
WHEREAS, a Primary Municipal Election consolidated with the Presidential Primary
Election was held and conducted in the City of San Bernardino, California, on the Tuesday,
March 3, 2020, as required by law; and
WHEREAS, notice of the election was given in time, form, and manner as provided by
law; that voting precincts were properly established; that election officers were appointed and
that in all respects the election was held and conducted and the votes were cast, received, and
canvassed and the returns made and declared in time, form, and manner as required by the
provisions of the Elections Code of the State of California and the Charter of the City of San
Bernardino for the holding of elections; and
WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the
returns of the election and has certified the results to this City Council , the results are received,
attached, and made a part hereof as “Exhibit "A."
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the City of San Bernardino was
16,206.
SECTION 2. That the names of persons and the offices for which they were voted are as
follows:
For the Office of Member of the City Council Votes
Ward 3
Juan Figueroa 2,098
Luis Ojeda 917
For the Office of Member of the City Council Votes
Ward 5
Mike Avellaneda 883
Ben Reynoso 1,295
Henry Nickel 1,802
Brian W. Davidson 802
Marlo Brooks 150
10.a
Packet Pg. 562 Attachment: CC.Certification of Primary Municipal Election 2020 Resolution (6690 : Adopt Resolution Reciting the Fact of the Primary Municipal
Resolution No. 2020-62
Resolution No. 2020-62
April 15, 2020
Peter Torres 151
For the Office of Member of the City Council Votes
Ward 6
Bessine Littlefield Richard 1,428
Kimberly Calvin 1466
For the Office of Member of the City Council Votes
Ward 7
Damon L. Alexander 1,236
John Jesus Abad 404
Esmeralda Negrete 471
Dave Mlynarski 622
James L. “Jim” Mulvihill 1,066
SECTION 3. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the respective offices for whi ch the
persons were candidates were as listed in Exhibit “A” attached.
SECTION 4. Pursuant to San Bernardino Municipal Code Section 2.56.040, the City
Council does declare and determine that Juan Figueroa was re-elected as a Member of the City
Council to represent Ward 3 for the full term of four years; that Kimberly Calvin was elected as a
Member of the City Council to represent Ward 6 for the full term of four years ; and that both
successful candidates shall be seated and shall begin their term of service following certification
of the general election results. In addition, pursuant to San Bernardino Municipal Code Section
2.56.040, the City Council does declare and determine that the candidates to represent Ward 5,
Henry Nickel and Ben Reynoso, and the candidates to represent Ward 7, James L. “Jim Mulvihill
and Damon Alexander, were the two candidates from each Ward receiving the highest number of
votes for the office of City Council and, therefore, shall automatically be entered into and appear
on the ballot as the City Council candidates from each Ward at the General Municipal Election to
be held on November 3, 2020.
SECTION 5. The Acting City Clerk shall enter on the records of the City Council of the
City, a statement of the results of the election showing: (1) The whole number of ballots cast in
the City; (2) The names of the persons voted for; (3) For what office each person was voted for;
(4) The number of votes given at each precinct to each person.
SECTION 6. That the Acting City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of April 2020.
John Valdivia, Mayor
10.a
Packet Pg. 563 Attachment: CC.Certification of Primary Municipal Election 2020 Resolution (6690 : Adopt Resolution Reciting the Fact of the Primary Municipal
Resolution No. 2020-62
Resolution No. 2020-62
April 15, 2020
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
10.a
Packet Pg. 564 Attachment: CC.Certification of Primary Municipal Election 2020 Resolution (6690 : Adopt Resolution Reciting the Fact of the Primary Municipal
Resolution No. 2020-62
Resolution No. 2020-62
April 15, 2020
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-62, adopted at a regular meeting held on the 15th day of April 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this 15th day of April 2020.
______________________________
Genoveva Rocha, CMC,
Acting City Clerk
10.a
Packet Pg. 565 Attachment: CC.Certification of Primary Municipal Election 2020 Resolution (6690 : Adopt Resolution Reciting the Fact of the Primary Municipal
10.b
Packet Pg. 566 Attachment: Exhibit A - Statement of Votes Cast Report for City of San Bernardino (6690 : Adopt Resolution Reciting the Fact of the Primary
10.b
Packet Pg. 567 Attachment: Exhibit A - Statement of Votes Cast Report for City of San Bernardino (6690 : Adopt Resolution Reciting the Fact of the Primary
10.b
Packet Pg. 568 Attachment: Exhibit A - Statement of Votes Cast Report for City of San Bernardino (6690 : Adopt Resolution Reciting the Fact of the Primary
10.c
Packet Pg. 569 Attachment: Attachement 2 - Statement of Certification of Election Results (1) (6690 : Adopt Resolution Reciting the Fact of the Primary
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Resolution Confirming City Manager's Executive Order No.
2020-03
Recommendation
Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San
Bernardino, California, confirming the City Manager's Executive Order No. 2020 -03
pursuant to Municipal Code 2.46.090 extending the stay on the City’s compl iance with
any deadlines established by the City until May 4, 2020.
Background
On March 13, 2020, the City Manager, in accordance with Section 2.46.090.A.1 of the
San Bernardino Municipal Code, issued Proclamation No. 2020-01 proclaiming the
existence of a local emergency relating to the worldwide spread of respiratory illness
due to the novel coronavirus known as COVID-19. On March 18, 2020, the Mayor and
City Council adopted Resolution No. 2020-51, ratifying the proclamation and declaring
the existence of a local emergency.
During the pendency of an emergency, the City Manager has the power to make and
issue rules and regulations on matters reasonably related to the protection of life and
property as affected by such emergency, provided, that such rul es and regulations are
confirmed at the earliest practicable time by the Mayor and City Council.
To date, the City Manager has issued the following Executive Orders confirmed by
Resolution No. 2020-52 on April 1, 2020:
Executive Order 2020-01 - Enacting a temporary moratorium on evictions related
to nonpayment of rent as a result of COVID-19 in accordance with Executive
Order N-28-20 issued by the Governor on March 16, 2020; and
Executive Order 2020-02 - Establishing a temporary stay on any City-established
deadlines (e.g., in the San Bernardino Municipal Code, standalone Resolutions,
Departmental Direction Letters, Personnel Rules, and any other rules or
regulations established by the City) through April 17, 2020.
Executive Order 2020-03 - Extending Executive Order 2020-02 through May 4,
2020.
11
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Page 2
On April 1, 2020, the Mayor and City Council of the City of San Bernardino, California,
adopted Resolution No. 2020-52, confirming the City Manager's Executive Order 2020-
01 and Executive Order 2020-02.
Discussion
Due to the federal extension of social distancing guidelines through the end of April
2020, the City Manager issued Executive Order 2020-03, extending the stay on the
City’s compliance with any deadlines established by the City until May 4, 2020. The
adoption of this Resolution is necessary to confirm that action.
2020-2025 Strategic Targets and Goals
Ratification of the Executive Order to extend the stay on the City’s compliance with any
deadlines established by the City until May 4, 2020 , aligns with Key Target No. 2:
Focused, Aligned Leadership and Unified Community by protecting the life and property
as affected by an emergency.
Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-63 confirming the City Manager's Executive Order
No. 2020-03 pursuant to Municipal Code 2.46.090 extending the stay on the City’s
compliance with any deadlines established by the City until May 4, 2020.
Attachments
Attachment 1 Resolution 2020-63; Exhibit “A” Emergency Executive Order 2020-
03
Ward: All
Synopsis of Previous Council Actions:
March 18, 2020 Mayor and City Council adopted Resolution 2020-51, ratifying
Proclamation 2020-01 and declaring the existence of a local
emergency.
April 1, 2020 Mayor and City Council adopted Resolution 2020-52, confirming
City Manager’s Executive Orders pursuant to Municipal Code
2.46.090.
11
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Resolution No. 2020-63
RESOLUTION NO. 2020-63
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE CITY MANAGER’S EMERGENCY
EXECUTIVE ORDER PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE SECTION 2.46.090 EXTENDING THE
STAY ON THE CITY’S COMPLIANCE WITH ANY
DEADLINES ESTABLISHED BY THE CITY UNTIL MAY 4,
2020
WHEREAS, on March 13, 2020, the City Manager, in accordance with Section
2.46.090.A.1 of the San Bernardino Municipal Code, issued Proclamation No. 2020-01
proclaiming the existence of a local emergency relating to the worldwide spread of respiratory
illness due to the novel coronavirus known as COVID-19; and
WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 2020-51,
ratifying Proclamation No. 2020-01 and declaring a local emergency; and
WHEREAS, conditions of extreme peril to the safety of persons and property continue to
exist within the City of San Bernardino caused by the worldwide spread of respiratory illness due
to the novel coronavirus known as COVID-19; and
WHEREAS, both the State of California and the County of San Bernardino have
declared emergencies as a result of the spread of COVID-19; and
WHEREAS, during the pendency of the emergency, the City Manager has the power to
make and issue rules and regulations on matters reasonably related to the protection of life and
property as affected by such emergency; and
WHEREAS, the City Manager issued Executive Order No. 2020-02 on March 20,2020
staying the City’s compliance with any City-established deadlines until April 17, 2020; and
WHEREAS, on April 1, 2020, the Mayor and City Council adopted Resolution No.
2020-52 confirming Executive Order No. 2020-02; and
WHEREAS, due to the federal extension of social distancing guidelines through the end
of April 2020, it is now necessary to extend the stay under Executive Order No. 2020-02 until at
least May 4, 2020; and
WHEREAS, executive orders issued by the City Manager must be confirmed by the City
Council at the earliest practicable time in order to remain valid.
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.
11.a
Packet Pg. 572 Attachment: Resolution Confirming CM Executive Order 2020.03 (6676 : Resolution Confirming City Manager's Executive Order No. 2020-03)
Resolution No. 2020-63
SECTION 2. The City Council of the City of San Bernardino hereby confirms
Executive Order No. 2020-03, attached hereto as Exhibit A and incorporated herein by this
reference.
SECTION 3. 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 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
11.a
Packet Pg. 573 Attachment: Resolution Confirming CM Executive Order 2020.03 (6676 : Resolution Confirming City Manager's Executive Order No. 2020-03)
Resolution No. 2020-63
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino t his ___ day of
____________ 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
11.a
Packet Pg. 574 Attachment: Resolution Confirming CM Executive Order 2020.03 (6676 : Resolution Confirming City Manager's Executive Order No. 2020-03)
11.b
Packet Pg. 575 Attachment: CM.Emergency Executive Order 2020-03 (6676 : Resolution Confirming City Manager's Executive Order No. 2020-03)
11.b
Packet Pg. 576 Attachment: CM.Emergency Executive Order 2020-03 (6676 : Resolution Confirming City Manager's Executive Order No. 2020-03)
11.b
Packet Pg. 577 Attachment: CM.Emergency Executive Order 2020-03 (6676 : Resolution Confirming City Manager's Executive Order No. 2020-03)
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Rebekah Kramer, Assistant City Manager
Subject: Resolution Authorizing City Manager to Complete Cal OES
Form 130
Recommendation
Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain
necessary signatures to complete Cal OES form 130 for purposes of obtaining
emergency funding.
Background
COVID19 is an ongoing global pandemic threatening the health of every citizen,
including the citizens of the City of San Bernardino. The City is able to receive money
from FEMA in order to assist its citizens during this pandemic. In order to receive the
funds, the City must file form Cal OES 130, Designation of Applicant’s Agent Resolution
for Non-State Agencies, with the Office of Emergency Services.
Discussion
Through the adoption of the attached Resolution No. 2020 -72, the City Council would
authorize the City Manager to complete a nd submit form Cal OES 130 to the Office of
Emergency Services. The draft form identifies the City Manager, Assistant City
Manager, and Finance Director as the City’s authorized agents for the purposes of
obtaining certain federal financial assistance und er Public Law 93-288 as amended by
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or
state financial assistance under the California Disaster Assistance Act. The adoption of
the Resolution and submission of the form would authorize the above agents to provide
to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required. Cal OES 130 is a
universal resolution that is effective for all open and future disasters up to three (3)
years following the date of its submission.
2020-2025 Strategic Targets and Goals
This action aligns with Key Target No. 1: Financial Stability as it will enable the City to
receive funds to reimburse costs associated with the City’s emergency response to the
COVID-19 pandemic.
Fiscal Impact
None associated with this action.
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6686
Page 2
Conclusion
Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain
necessary signatures to complete Cal OES form 130 for purposes of obtaining
emergency funding.
Attachments
Attachment 1 Resolution No. 2020-71; Exhibit “A” - Draft Cal OES 130
Ward: All
Synopsis of Previous Council Actions:
On March 18, 2020 the Mayor and City Council adopted Resolution No. 2020 -51
declaring the existence of a local emergency.
12
Packet Pg. 579
Resolution No. 2020-71
RESOLUTION NO. 2020-71
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO COMPLETE
AND OBTAIN NECESSARY SIGNATURES TO
COMPLETE CAL OES FORM 130 FOR PURPOSES OF
OBTAINING EMERGENCY FUNDING
WHEREAS, on March 13, 2020, the City Manager proclaimed the existence of a local
emergency within the City in connection with the global pandemic caused by the spread of
COVID-19; and
WHEREAS, on March 18, 2020, the City Council ratified the proclamation and declared
the existence of a local emergency; and
WHEREAS, the City expects to expend unanticipated costs in response to the
emergency which may be reimbursable at the federal and state levels; and
WHEREAS, in order to obtain certain federal financial assistance under Public Law 93-
288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1988, and/or state financial assistance under the California Disaster Assistance Act, the City
must complete and submit form Cal OES 130 to the Office of Emergency Services.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Council hereby authorizes the City Manager to complete and
submit form Cal OES 130 to the Office of Emergency Services in the form attached hereto as
Exhibit A. The City Manager may identify the City Manager, Assistant City Manager, and
Finance Director as the City’s authorized agents for the purposes of obtaining certain federal
financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the
California Disaster Assistance Act.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
12.a
Packet Pg. 580 Attachment: CM.Form 130 CalEOS.Resolution re Cal OES 130-c1 (6686 : Resolution Authorizing City Manager to Complete Cal OES Form 130)
Resolution No. 2020-71
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 15th day of April, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
12.a
Packet Pg. 581 Attachment: CM.Form 130 CalEOS.Resolution re Cal OES 130-c1 (6686 : Resolution Authorizing City Manager to Complete Cal OES Form 130)
Resolution No. 2020-71
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-72, adopted at a regular meeting held at the 15th day of April, 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
12.a
Packet Pg. 582 Attachment: CM.Form 130 CalEOS.Resolution re Cal OES 130-c1 (6686 : Resolution Authorizing City Manager to Complete Cal OES Form 130)
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No:______________________
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body)(Name of Applicant)
THAT ,OR
(Title of Authorized Agent)
,OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity
(Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford
Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California,
(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________
Passed and approved this day of ,20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I,,duly appointed and of
(Name)(Title)
,do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the of the
(Governing Body)(Name of Applicant)
on the day of ,20 .
(Title)
Page 1
(Signature)
Cal OES 130 (Rev.9/13)
Resolution No. _______________________
12.b
Packet Pg. 583 Attachment: CM.Cal OES 130-c1. Exhibit A (6686 : Resolution Authorizing City Manager to Complete Cal OES Form 130)
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 -Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130,Applicants should fill in the blanks on page 1.The blanks are to be filled in as
follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors,City Council,Board of Supervisors,Board of Education, etc.
Name of Applicant:The public entity established under the laws of the State of California. Examples include: School
District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego,
Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are
two ways of completing this section:
1.Titles Only: If the Governing Body so chooses,the titles of the Authorized Agents would be entered here,not
their names.This allows the document to remain valid (for 3 years)if an Authorized Agent leaves the position
and is replaced by another individual in the same title.If “Titles Only”is the chosen method,this document
must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can
be completed by any authorized person within the agency and does not require the Governing Body’s signature.
2.Names and Titles: If the Governing Body so chooses,the names and titles of the Authorized Agents would be
listed.A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position
listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board,Director,Superintendent,etc. The names and titles cannot be one of the
designated Authorized Agents, and a minimum of two or more approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include:City Clerk,Secretary to the Board of Directors,County Clerk,etc. This person cannot be one of the
designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the
Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self
Certification.”
Page 2Cal OES 130 (Rev.9/13)
12.b
Packet Pg. 584 Attachment: CM.Cal OES 130-c1. Exhibit A (6686 : Resolution Authorizing City Manager to Complete Cal OES Form 130)
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Adopt a Resolution Authorizing the Execution of an
Agreement with SB County for CAL-ID
Recommendation
Adopt Resolution No. 2020-73 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of an agreement with the County of
San Bernardino for the implementation and operation of all Biometric Identification
Systems and DNA Services (San Bernardino CAL-ID).
Background
In 1985, the California Department of Justice (DOJ), created a statewide fingerprint
identification network known as CAL-ID. They divided the state into eight regions and
each network utilized an Automated Fingerprint Identification System (AFIS) to provide
fingerprint identification services to law enforcement agencies in their jurisdictions.
Each CAL-ID program is governed by a board of directors comprised of various
figureheads from within each county.
In July 1986, the San Bernardino Police Department entered into an agreement with the
County of San Bernardino for the implementation, operation, and equipment costs
associated with the participation in a fingerprint processing system. In May 1990, an
upgrade adding subject identification via DNA processing and subject photography
(mug shot for visual identification) resulted from an agreement between the County of
San Bernardino and the County of Riverside to operate the CAL -ID System through the
Remote Access Network (RAN) Board. Since that time, the San Bernardino Police
Department has continually participated in the CAL-ID RAN System, along with other
cities within the counties of San Bernardino and Riverside.
Discussion
San Bernardino/Riverside CAL-ID RAN is a cost-effective identification system that
provides services in Latent Fingerprint Identification, Ten -print Identification, Mobile
Identification, and DNA casework. San Bernardino/Riverside CAL-ID RAN was the first
CAL-ID in California to have Mobile Identification search capabilities against the
California Department of Justice (DOJ) Automated Fingerprint Identification System
(AFIS). This allows for searches on “no hit” transactions against the fingerprint records
of anyone booked for a crime in the State of California.
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Page 2
In September 2010, the DOJ allowed CAL -ID RAN access to their applicant database.
With this access, we were able to search an additional 11.83 million fingerprints from
the state. Modifications made to Mobile Identification proved effective. Local searches
return in less than 45 seconds, compared to three minutes previously, and DOJ
searches have reduced from five to less than two minutes. FAST-ID, a desktop version
of Mobile Identification, provides officers at the station the ability to conduct a quick
search of a subject’s thumbprint against our local AFIS, both prior to booking and at the
time of release. This helps reduce the num ber of false names given at the time of
booking and minimizes errant releases.
In the near future, direct access will be available to CAL -DOJ’s AFIS, Las Vegas Metro
Police Department, the Western Identification Network (9 western states), and the FBI’s
Next Generation Identification (NGI) system. Using very advanced algorithms, these
systems search a latent print against a database of known fingerprints and provide
examiners a list of possible candidates to help in identifying criminal offenders .
The CAL-ID system is a routinely used investigative tool that aids the San Bernardino
Police Department in identifying suspects in criminal cases when latent fingerprints are
left at crime scenes; crimes that otherwise might go unsolved. Participation in the CA L-
ID RAN system is beneficial to the Department and citizens of San Bernardino.
2020-2025 Strategic Targets and Goals
The request to execute an agreement with the County of San Bernardino for the
implementation and operation of all Biometric Identifica tion Systems and DNA Services
aligns with Key Target No. 3: Improved Quality of Life by constantly evaluating public
safety service delivery models to enhance the quality of service.
Fiscal Impact
City assessment fees are calculated on a per capita basis and are based on population
estimates published annually by the California Department of Finance. The per capita
assessment fee for FY 2020/21 is $1.18. The total assessment fee for participation in
CAL-ID RAN for FY 2020/21 is $258,694.94. Future years will be based on population
estimates at the time of assessment.
The financial impact to the City is $258,694.94. There is sufficient funding in the
proposed FY 2020/21 Adopted Budget in account number 001-210-0001-5502.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-73, authorizing the execution of an agreement
with the County of San Bernardino for implementation and operation of all Biometric
Identification Systems and DNA Services (San Bernardino CAL-ID).
Attachments
Attachment 1 Resolution; Exhibit “A” - Agreement with the County of San
Bernardino for the implementation and operation of all Biometric
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Page 3
Identification Systems and DNA Services
Ward: All
Synopsis of Previous Council Actions:
May 19, 2011 Mayor and City Council adopted Resolution No. 2011-119
approving the execution of an agreement with the County of San
Bernardino for the implementation and operation of all Biometric
Identification Systems and DNA Services (San Bernardino CAL-ID).
May 7, 1990 Mayor and City Council adopted Resolution No. 90-157 approving
the execution of an agreement with the County of San Bernardino
for the implementation and operation of an automated identification
system.
July 7, 1986 Mayor and City Council adopted Resolution No. 86-257, approving
an agreement with the County of San Bernardino for
implementation of the CAL-ID program.
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Resolution No. 2020-73
RESOLUTION NO. 2020-73
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO FOR
IMPLEMENTATION AND OPERATION OF ALL
BIOMETRIC IDENTIFICATION SYSTEMS AND DNA
SERVICES (SAN BERNARDINO CAL-ID)
WHEREAS, the San Bernardino Police Department has continually participated in the
CAL-ID System through the Remote Access Network (RAN) Board since July 1986 for
fingerprint and DNA identifications; and
WHEREAS, the current CAL-ID Agreement expires on June 30, 2020.
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 an Agreement with the
County of San Bernardino for implementation and operation of all Biometric Identification
Systems and DNA Services, attached hereto as “Exhibit A.”
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
13.a
Packet Pg. 588 Attachment: CAL-ID Agreement Reso (6648 : Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID)
Resolution No. 2020-73
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 589 Attachment: CAL-ID Agreement Reso (6648 : Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID)
Resolution No. 2020-73
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
13.a
Packet Pg. 590 Attachment: CAL-ID Agreement Reso (6648 : Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID)
13.b
Packet Pg. 591 Attachment: Exhibit A - CAL-ID Agreement (6648 : Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID)
13.b
Packet Pg. 592 Attachment: Exhibit A - CAL-ID Agreement (6648 : Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID)
13.b
Packet Pg. 593 Attachment: Exhibit A - CAL-ID Agreement (6648 : Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID)
13.b
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Resolution Approving PSA with PlaceWorks to Provide Third-
Party CEQA Review for Foisy Project
Recommendation
Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San
Bernardino, California, approving the Professional Services Agree ment with
PlaceWorks to provide third-party CEQA review services for the Foisy Project;
authorizing the City Manager or designee to sign and execute the agreement; and
authorizing the Finance Director to amend the FY 2019/20 adopted budget accordingly.
Background
On February 5, 2020, the Mayor and City Council approved the new Norton Science
and Language Academy (NSLA) to be located at 230 S. Waterman Avenue in order to
relocate the current Lewis Center for Education Research (LCER) located at 503 East
Central Avenue which serves children grades Kindergarten through 8 and is a shared
facility with the County of San Bernardino, which operates the Mill Child Development
Center (Head Start/ Preschool Facility) serving children in Transitional Kindergarten. A
portion of the LCER site is also a privately-owned park, the Mill Center Park, which
would be replaced through development of the new NSLA campus.
With the relocation and development of the new NSLA and Mill Child Development
Center on S. Waterman Avenue, Waterman Land Ventures (“WLV”) proposes to
develop a warehouse/logistics facility (referred to as the “Foisy Project”) on the vacated
site located on the southeast corner of E. Central Avenue and S. Foisy Street.
Discussion
WLV has submitted a General Plan Amendment, Development Code Amendment and
Development Permit application package for the above mentioned project. Based on
the scope of the project, a Mitigated Negative Declaration is being prepared for the
project by Kimley-Horn on behalf of WLV pursuant to the requirements of the California
Environmental Quality Act (CEQA). As the Lead Agency, the City of San Bernardino is
responsible for the processing of the Mitigated Negative declaration.
Because of the complexity, level of expertise and accelerated project schedule, staff
and WLV have agreed to retain a qualified environmental consulting firm to assist the
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Page 2
City with third-party CEQA review services. Through the City’s procurement process, a
Request for Proposals was released and staff received proposals from the following:
Michael Baker $31,995
PlaceWorks $18,085
T & B Planning $11,085
Although not the lowest fee proposal, PlaceWorks was mutually accepted by staff and
WLV because of their knowledge of the environs within San Bernardino bas ed upon
their past and current working experience. The cost of these services will be paid for by
the applicant and not the City of San Bernardino. Additionally, PlaceWorks is known for
their responsiveness and attention to detail as it relates to servin g local municipalities.
In fact, PlaceWorks successfully provided similar services during the City’s processing
of the Norton Science and Language Academy.
2020-2025 Key Strategic Target Goals
Retaining PlaceWorks to provide third-party CEQA review services for the WLV Foisy
Project aligns with Key Target No. 3: Improve Quality of Life: in that PlaceWorks will
provide the technical expertise to ensure that the CEQA document and process meet
the requirements of CEQA and that the information contained in the technical reports is
accurately reflected in the CEQA document.
Fiscal Impact
As a condition to the City’s processing and completion of the Mitigated Negative
Declaration for the project, WLV has agreed to reimburse the City for the reasonable
costs and expenses necessary by PlaceWorks to provide the requested related third -
party CEQA review services. Through a Reimbursement Agreement, WLV will deposit
an amount of $18,085. Approval of the Professional Services Agreement with
PlaceWorks would entail an appropriation to the Community & Economic Development -
Professional Contractual Services Account (001 -180-0029-5502) and an increase to
anticipated revenues Planning Development PR Account (001-180-0000-4714) FY
2019-20 adopted budget in the amount of $18,085.
No General Fund appropriation is required for this action.
Conclusion
Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San
Bernardino, California, approving the Professional Services Agreement with
PlaceWorks to provide third-party CEQA review services for the Foisy Project;
authorizing the City Manager or designee to sign and execute the agreement; and
authorizing the Finance Director to amend the FY 2019/20 adopted budget accordingly.
Attachments
Attachment 1 Resolution 2020-64; Exhibit A - PlaceWorks Proposal
Attachment 2 Professional Services Agreement
Ward: 1
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Page 3
Synopsis of Previous Council Actions: None
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Resolution No. 2020-64
RESOLUTION NO. 2020-64
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE PROFESSIONAL SERVICES
AGREEMENT WITH PLACEWORKS TO PROVIDE
THIRD-PARTY CEQA REVIEW SERVICES FOR THE
FOISY PROJECT
WHEREAS, the City of San Bernardino is in need of professional third-party CEQA
review services for the Foisy Project proposed by Waterman Land Ventures, LLC; and
WHEREAS, Waterman Land Ventures, LLC, will be reimbursing the City for the cost of
this consultant; and
WHEREAS, the Consultant is duly licensed and has the necessary qualifications to
provide such services.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to
execute the Professional Services Agreement with PlaceWorks attached hereto as Exhibit “A”, in
an amount not to exceed $18,085.00.
SECTION 3. The Finance Director is hereby authorized to amend the FY 2019-20
adopted budget accordingly, as follows: appropriation of $18,085.00 to the Community &
Economic Development - Professional Contractual Services Account (001-180-0029-5502) and
an increase to anticipated revenues Planning Development PR Account (001-180-0000-4714) FY
2019-20 adopted budget in the amount of $18,085.00.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2020-64
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Packet Pg. 599 Attachment: CED.PlaceWorks Foisy Project.A1.Resolution (6666 : Resolution Approving PSA with PlaceWorks to Provide Third-Party CEQA
Resolution No. 2020-64
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. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino t his ___ day of
____________ 2020.
_____________________________________
Genoveva Rocha, CMC, Attorney City Clerk
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March 19, 2020
Oliver Mujica
Planning Division Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Subject: Scope of Work and Cost Estimate to Peer Review the Foisy East San Bernardino Project IS/MND
Dear Mr. Mujica:
Thank you for inviting us to submit our proposal to prepare the peer review for the Foisy East San Bernardino
Project, Initial Study/Mitigated Negative Declaration.
The peer review will be conducted by senior CEQA and technical staff members. I will serve as Project
Manager and be responsible for reviewing the IS/MND for general CEQA compliance and defensibility. Our
in-house technical specialists will review air quality/greenhouse gas emission, noise, traffic, and civil
engineering–related topics. As needed, we will also consult our in-house CEQA attorney.
The following proposal includes our Project Understanding, proposed Scope of Work, Cost Estimate, and
anticipated schedule.
Project Understanding
The City of San Bernardino is seeking proposals from qualified consulting firms interested in providing third-
party CEQA review services for the Foisy East San Bernardino project proposed by Waterman Land Ventures,
LLC. The project site contains approximately 20.29 acres and is located on the southeast corner of S. Foisy
Street and E. Central Avenue. The Project site is currently used by the Lewis Center for Education Research
(LCER) which currently operates the Norton Science and Language Academy (NSLA}, serving approximately
800 children grades Kindergarten through 8. This is a shared facility with the County of San Bernardino, which
operates the Mill Child Development Center (Head Start/Preschool facility) at the same location, offering
services to approximately 120 children in Transitional Kindergarten (TK}, located at 503 East Central Avenue,
San Bernardino, CA 92408.
A portion of the Project site is a privately-owned park, the Mill Center Park, which would be replaced through
development of the recently approved new NSLA campus. The existing location (Project site) will be
abandoned by the NSLA and Mill Child Development Center and will relocate to its new location
approximately 1.0-mile northwest at 230 South Waterman Avenue. The new NSLA and Mill Child
Development Center was approved by the City of San Bernardino on February 5, 2020. As such, the proposed
Project would use the 503 East Central Avenue site to develop a 467,125-square foot (SF) industrial/
warehouse/distribution facility. The warehouse would include one new concrete tilt-up structure, along with
three offices totaling approximately 30,000 square feet.
Scope of Work
The following scope of work has been prepared in accordance with our understanding of the project to
provide the most cost- and time-efficient review of the IS/MND and accompanying technical studies. Our
scope of work assumes that PlaceWorks will provide peer review services, and the project applicant will be
responsible for incorporating comments and revisions.
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TASK 1. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PEER REVIEW
The draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared by the project applicant team will
be peer reviewed by PlaceWorks to ensure completeness and accuracy; consistency with the City’s General
Plan and Development Code; compliance with applicable environmental laws, regulations, rules, and
requirements; and legal defensibility.
The review will ensure that adequate analysis and documentation exist for the environmental areas that are
found to be “less than significant” or have “no impact,” and that all of the “potentially significant” impacts
have appropriate mitigation measures to reduce these impacts to less than significant levels. Our review will
include an overall assessment of the appropriateness and defensibility of processing the project with an
MND. As we have in the past with the City, we prefer to work within the Word document using track changes
and comments. We know that the applicant’s consulting team Kimley-Horn prefers this approach.
We anticipate that the applicant will respond to each comment in the track-change Word file either accepting
the change or explaining why it is unnecessary. For those changes considered unnecessary we will conduct
a conference call to discuss with the City and Kimley-Horn. This scope of work assumes no more than one
round of peer review and comment.
Deliverable(s):
− Comments in Word Document, including review of project’s eligibility to be processed as an MND
TASK 2. TECHNICAL STUDIES – PEER REVIEW
We will conduct an overview of the air quality, greenhouse gas, and traffic technical studies, as well as the
health risk assessment, Phase 1 and hazards related reports prepared for the project site. We will review
each study to determine whether it addresses the applicable CEQA checklist questions and to ensure that
conclusions are based on the appropriate level of analysis, findings are adequately substantiated, and
mitigation is sufficient and CEQA compliant. Note that this scope does not include re-running of any model
or calculation, only a review of the assumptions to ensure they meet industry standards and meet the needs
of the City. Additional fees may be requested if additional reviews are required, or if additional modeling is
needed to support the IS/MND.
Air Quality & Greenhouse Gas Emissions
Nicole Vermilion, Principal, Air Quality, GHG, & Noise Services, will conduct a review of the air quality and
GHG modeling and analysis included in the Initial Study. Nicole is current with the latest threshold
methodology and case law for GHG emissions and has completed numerous GHG emissions analyses for
CEQA projects. Nicole is a beta tester for the South Coast Air Management District (SCAQMD) on CalEEMod.
In addition, she is a member of the Association of Environmental Professional’s Climate Change Committee
and actively involved in development of GHG emissions thresholds approaches for development projects,
and most recently, participated in the development of a white paper on establishing GHG reduction targets
and thresholds for post-2020 GHG emissions analyses. The review of the GHG analysis will confirm the
appropriate use of accepted thresholds of significance in light of the Center for Biological Diversity v.
California Department of Fish and Wildlife (Newhall Ranch), and Golden Door Properties, LLC v. County of San
Diego/Sierra Club, LLC v. County of San Diego (2018) 27 Cal.App.5th 892. rulings, review that the technical
modeling assumptions for construction and operational activities were conducted in accordance with the
SCAQMD methodology, include an internal consistency evaluation of the modeling assumptions with the
project description and traffic report, and evaluate recommended measures to reduce significant impacts of
the project (if needed). PlaceWorks will summarize the findings in a memorandum.
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Health Risk Assessment
Steve Bush, PE, Senior Engineer, will conduct a third-party technical review of the health risk assessment
(HRA) and associated modeling prepared for the proposed project. The review will determine if the report
was prepared in accordance with the latest guidance from the Office of Environmental Health Hazard
Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD); determine whether
the assumptions and parameters used in the modeling effort are appropriate and accurate; and determine
whether the modeling results are conservative.
Noise
Joshua Carman, Senior Associate – Noise and Vibration services, will conduct a third-party technical review
of the noise technical study and associated modeling prepared for the proposed project. The review will
confirm the use of accepted thresholds of significance, confirm that the technical modeling assumptions for
construction and operational activities were conducted in accordance with industry standards and best
practices, evaluate internal consistency between the modeling assumptions and the project description and
traffic report, and review recommended measures to reduce significant impacts of the project (if necessary).
PlaceWorks will summarize the findings of the third-party technical evaluation in a memorandum. The
technical analysis for noise is assumed to be complete and contain all information necessary to adequately
evaluate impacts associated with the proposed project.
Transportation
PlaceWorks has teamed with EPD to provide peer-review of the TIA for the proposed Foisy Logistics Center
project. EPD staff has experience preparing traffic impact analyses throughout San Bernardino County, as
well for high-cube warehouse distribution center projects. Using this experience, EPD will confirm that the
TIA is prepared according to applicable local guidelines and using accepted traffic engineering
methodologies. EPD’s review will include, but not be limited to, the following:
• Evaluation of the study area to ensure that it includes all facilities likely to be impacted by the
project. At a minimum, the study area should include key intersections or roadway segments within
a 1 ½ mile radius from the project site.
• Examination of the analysis worksheets to ensure that all input parameters are as specified in the
City’s Traffic Impact Analysis Preparation Guide.
• Assessment of the scenarios evaluated to ensure they meet the requirements of CEQA and the City.
• Review of the project trip generation to ensure that the most appropriate trip rates and truck splits
are used and that the passenger car equivalent (PCE) trips have been properly calculated.
• Evaluation of any proposed mitigation measures to ensure that they are feasible and effective.
Mitigation measures should be in conformance with the City’s Capital Improvement Program; as
well as the program of projects funded by the City’s Development Impact Fee (DIF) Program.
EPD’s peer review will be summarized in a technical memorandum. The technical memorandum will discuss
the objectives of our review, relevant CEQA and local planning consistency issues, and our recommendations
for additional analysis, if required. The memorandum will include any changes that are necessary to the TIA.
EPD staff will conduct one subsequent peer review of the revised TIA to ensure any necessary changes have
been incorporated.
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Phase I Environmental Site Assessment
Denise Clendening, PhD, Associate Principal, will conduct a third-party review of the Phase I Environmental
Site Assessment being prepared for the proposed project. Dr. Clendening has over 35 years of site
assessment experience in California and has worked extensively with environmental regulatory agencies. The
review will confirm the assessment of recognized environmental conditions and the suitability of the site for
use as a school. The review will confirm the use of accepted Phase I Environmental Site Assessment
standards, confirm that the conclusions and recommendations regarding recognized environmental
conditions were conducted in accordance with the ASTM methodology. PlaceWorks will summarize the
findings of the third-party technical evaluation in a memorandum.
Deliverable(s):
− CEQA Adequacy Peer Review: Traffic review comments to be provided within Initial Study/MND
review memorandum
− Technical and CEQA Review: Technical Memorandum to be provided for AQ/GHG/HRA, Phase 1 and
Noise
TASK 3. PROJECT MANAGEMENT
PlaceWorks will coordinate closely with the City to ensure that the IS/MND and associated technical studies
are legally defensible, accurate, and useful to decision makers when considering the approval of the project.
Project management responsibilities include: Task scheduling and assignment; management of resources;
monitoring of costs and schedule adherence; and coordination and communications with the project
applicant team (as determined appropriate by the City) to ensure compliance with policies, procedures, and
any applicable codes. This task is based on an approximate number of hours per week for the duration of the
project.
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Cost Estimate
Our cost estimate for the peer review of the Foisy East San Bernardino IS/MND and associated technical
studies is $18,085 (see Table 1). Note that this cost estimate is based on our current understanding of the
project and the hours detailed in the attached spreadsheet. Should the project be more complex or
controversial than anticipated, PlaceWorks may request and substantiate the need for additional fees. The
cost estimate is based on our billing rates, shown in the PlaceWorks - 2020 Standard Fee Schedule.
Table 1. Cost Estimate
TASK COST
PLACEWORKS
CEQA DOCUMENTATION
Task 1 – IS/MND Peer Review $5,400
1.1 Primary Review 3,600
1.2 Final Review 1,800
Task 2 – Technical Studies Peer Review 11,785
2.1 Air Quality & Greenhouse Gas Study 4,280
2.2 Noise Study 1,900
2.3 Traffic 3,850
2.4 Phase I and II Environmental Site Assessments 1,755
Task 3 Project Management $900
GRAND TOTAL $18,085
PlaceWorks labor includes 2% markup for office expenses.
PlaceWorks – 2020 Standard Fee Schedule
STAFF LEVEL HOURLY BILL RATE
Principal $215 - $335
Associate Principal $190 - $235
Senior Associate/Senior Scientist $160 - $215
Associate/Scientist $135 - $170
Project Planner/Project Scientist $105 - $145
Planner/Assistant Scientist $80 - $110
Graphics Specialist $90 - $135
Administrator $145 - $200
Clerical/Word Processing $45 - $150
Intern $75 - $95
Subconsultants are billed at cost plus 10%
Mileage reimbursement rate is the standard IRS-approved rate.
Last update: 2020-01-03
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Schedule
We will work closely with the City to achieve the desired timelines for peer review of the CEQA
documentation for the project. We will complete the first round of the Initial Study and technical studies
review within two weeks of receiving the documents and turn around the second review of the Initial Study
and respective technical studies within one week of receipt.
We look forward to working with the City again to bring about the successful completion of this project. If
you have any questions regarding the contents of this proposal, do not hesitate to call me at (858) 776-5574.
Respectfully submitted,
PLACEWORKS
Mark Teague, AICP
Associate Principal
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PLACEWORKS
This Agreement is made and entered into as of __________, 2020 by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating under
the laws of the State of California with its principal place of business at Vanir Tower, 290 North
D Street, San Bernardino, CA 92401 (“City”), and PlaceWorks, a corporation with its principal
place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 (hereinafter referred
to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as
“Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Third-party CEQA review services for the Foisy project proposed by Waterman Land
Ventures, LLC (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $18,085.00. This amount is to cover all related costs,
and the City will not pay any additional fees for printing expenses. Consultant may submit
invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services
which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice
within forty-five (45) days from the date City receives said invoice. The invoice shall describe
in detail the services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as “Additional Services”
and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
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b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from e mploying independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
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16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
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(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreem ent,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
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policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds s hall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) i f
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
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proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisi ons, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
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entitled to payment for unperformed services, and shall not be entitled to dam ages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Mark Teague, AICP as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior
written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Michael Huntley,
Community & Economic Development
Director
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn: Kara Kosel, Contracts Manager
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which is
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
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of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a written executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term o f his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PLACEWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, MMC
City Clerk
CONSULTANT
Signature
Name
Title
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EXHIBIT A
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Norton Science and Language Academy Project – Ground
Lease Agreeement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-70, authorizing the City Manager to execute a
lease agreement for the development, establishment, and operation of the Norton
Science and Language Academy at 230 South Waterman Avenue.
Background
The approved Norton Science and Language Academy Project (“Project”) will be
located on a vacant site at 230 South Waterman Avenue, on the northwest corner of
South Waterman Avenue and East Valley Street. The property is jointly owned by the
City and the County of San Bernardino.
In 2008, the City and County entered into a lease agreement with the High Deser t
Partnership in Academic Excellence Foundation, Inc. (the “Charter School”) to construct
and operate a charter school facility at its former Mill Center site. In February 2018, the
City and the County filed a lawsuit against the Charter School due to out standing
defaults under that lease agreement. On February 25, 2019, the lawsuit between the
City, the County, and the Charter School was settled with the approval of the City
Council. The settlement agreement contemplated the development of the Project a t its
current site, including a County preschool facility and a charter school.
Since the adoption of the settlement agreement, the City has completed CEQA review
for the Project, the Planning Commission recommended approval of the Project on
January 14, 2020, and the City Council adopted the Mitigated Negative Declaration and
approved the Project on February 5, 2020. The ground lease for the charter school
portion of the site is the last step to effectuate the settlement agreement.
Discussion
As noted above, the ground lease is the City’s last step to effectuate the settlement
agreement between the parties. The settlement agreement included a template ground
lease and the proposed ground lease is substantially similar to that template agreement.
The ground lease has been amended to reflect the County’s control over the preschool
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site and the fact that the Charter School is financing the construction of the charter
school and preschool through an affiliate entity. The City Attorney’s Office has
remained engaged in this process to ensure the City’s interests remain protected in
accordance with the intent at the time the settlement agreement was entered.
Under the proposed lease agreement, the City and County will act jointly as landlord,
with the County taking the lead on certain aspects as the City’s authorized agent. The
term begins upon the full execution of the lease and ends 50 years thereafter with a
single twenty-year option to extend the term of the lease. In accordance with the
settlement agreement, in lieu of rent for the initial 50 -year term, the Charter School,
through its affiliate, will construct a modern charter school facility on the charter school
site and a new preschool facility on the adjacent parcel. The County shall operate the
preschool facility.
The Charter School is seeking bond financing to fund the construction of the new
charter school and the new preschool facilities on the Property. Financing will only
encumber the charter school site. The Charter School will execute a guarantee in favor
of the City and the County to secure the obligations under the lease agreement.
2020-2025 Strategic Targets and Goals
Resolution No. 2020-70 aligns with Key Target No. 3: Improved Quality of Life. The
Project, which requires the proposed ground lease, will establish a new charter school
and preschool on a currently vacant property that will provide educational services and
programs meeting the educational needs of students within the community through the
construction of a new facility that will complement the surrounding developments along
the South Waterman corridor.
Fiscal Impact
Development impact fees associated with the Project will be approximately $578,000.
City services will be provided to this project similar to other comm ercial developments in
the City and surrounding area. If left vacant, the site would likely result in increased
maintenance costs to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-70, authorizing the City Manager to execute a
lease agreement for the development, establishment, and operation of the Norton
Science and Language Academy at 230 South Waterman Avenue.
Attachments
Attachment 1 Resolution No. 2020-70; Exhibit “A” - Ground Lease
Ward: All
Synopsis of Previous Council Actions:
February 25, 2019 The City, the County, and the Charter School entered a settlement
agreement, which contemplated a ground lease for the charter
15
Packet Pg. 622
6689
Page 3
school site.
January 14, 2020 The Planning Commission adopted Resolution No. 2020-005,
recommending approval of the Project.
February 5, 2020 City Council approved the project and adopted the Mitigated
Negative Declaration.
15
Packet Pg. 623
Resolution No. 2020-70
RESOLUTION NO. 2020-70
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT ALLOWING THE DEVELOPMENT,
ESTABLISHMENT, AND OPERATION OF THE NORTON
SCIENCE AND LANGUAGE ACADEMY AT 230 SOUTH
WATERMAN AVENUE
WHEREAS, the City of San Bernardino (“City”) and the County of San Bernardino
(“County”) are owners of certain real property, known as 230 South Waterman Avenue, San
Bernardino, California (“Property”).
WHEREAS, the Property is the subject of a settlement agreement dated February 25,
2019 between the City, County, and the High Desert Partnership in Academic Excellence
Foundation, Inc., (“High Desert”).
WHEREAS, the settlement agreement contemplates the development of the Property for
a County preschool facility and the Norton Science and Language Academy, a charter school;
and
WHEREAS, 230 South Waterman Avenue, LLC. (“Tenant”), an affiliate of High Desert,
desires to lease the Property from the City and the County with the intent that Tenant sublease
the Property to High Desert in order to develop the Property as required by the settlement
agreement; and
WHEREAS, under the Ground Lease Agreement, High Desert will construct and operate
a public charter school facility known as the Norton Science and Language Academy under a
charter granted by the San Bernardino County of Board of Education; and
WHEREAS, as consideration for the lease of the Property in lieu of rent, Tenant shall
construct or have constructed a new preschool facility for the County under the state preschool
and federal “Head Start” programs in accordance with a separate Improvement Agreement
between the County and High Desert and Tenant shall construct the charter school facility; and
WHEREAS, the Project will provide educational services and programs meeting the
educational needs of students within the community through the construction of a new facility
that will complement the surrounding developments along the south Waterman Avenue corridor;
and
WHEREAS, an Initial Study of the Project was conducted in accordance with the
California Environmental Quality Act (“CEQA”). The analysis indicated that the Project would
not have a significant adverse impact on the environment with mitigation; and
WHEREAS, the applicant submitted and the Planning Division of the City of San
Bernardino accepted an Initial Study/Mitigated Negative Declaration. Pursuant to State CEQA
15.a
Packet Pg. 624 Attachment: CED.Norton Science and Language Academy Lease Agreement- Resolution-c1 (6689 : Norton Science and Language Academy
Resolution No. 2020-70
Guidelines, a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project wa s
posted on November 30, 2019 for the CEQA-mandated thirty (30) day public review and
comment period; and
WHEREAS, on January 14, 2020, the Planning Commission adopted Resolution No.
2020-005 forwarding a recommendation that the Mayor and City Council of t he City of San
Bernardino, California to: adopt the Mitigated Negative Declaration, approve General Plan
Amendment 19-01, Development Code Amendment 19-05, and Conditional Use Permit 19-10;
and
WHEREAS, on February 5, 2020, the Mayor and the City Council of the City of San
Bernardino adopted the Mitigated Negative Declaration, approved General Plan Amendment 19-
01, approved Development Code Amendment 19-05, and approved Conditional Use Permit 19-
10; and
WHEREAS, with these prerequisites satisfied, the City, the County, and High Desert
have now negotiated the terms of the Ground Lease Agreement that will provide for the
construction and operation of the Norton Science and Language Academy as well as the
development of a County preschool facility.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The terms of the Ground Lease Agreement are in the best interests of the
City for the leasing of the property described therein and are hereby approved in substantially the
form presented herewith.
SECTION 3. The Mayor and the City Council of the City of San Bernardino hereby
authorize the City Manager to enter into the Ground Lease Agreement attached hereto as Exhibit
A.
SECTION 4. The Mayor and the City Council of the City of S an Bernardino further
authorizes the City Manager to execute and deliver any and all documents which they may deem
necessary or advisable in order to effectuate the purposes of this Resolution, the settlement
agreement, and the Ground Lease Agreement.
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 Acting City Clerk this ___ day of __________ 2020.
15.a
Packet Pg. 625 Attachment: CED.Norton Science and Language Academy Lease Agreement- Resolution-c1 (6689 : Norton Science and Language Academy
Resolution No. 2020-70
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.a
Packet Pg. 626 Attachment: CED.Norton Science and Language Academy Lease Agreement- Resolution-c1 (6689 : Norton Science and Language Academy
Resolution No. 2020-70
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
15.a
Packet Pg. 627 Attachment: CED.Norton Science and Language Academy Lease Agreement- Resolution-c1 (6689 : Norton Science and Language Academy
GROUND LEASE AGREEMENT
COUNTY: COUNTY OF SAN BERNARDINO
385 N. Arrowhead Avenue
San Bernardino, CA 92415-0831
CITY: CITY OF SAN BERNARDINO
290 N. D Street
San Bernardino, CA 92401
TENANT: 230 SOUTH WATERMAN AVENUE, LLC
17500 Mana Road
Apple Valley, CA 92307
GUARANTOR: HIGH DESERT PARTNERSHIP IN ACADEMIC
EXCELLENCE FOUNDATION, INC.
17500 Mana Road
Apple Valley, CA 92307
PROPERTY: Certain real property legally described on Exhibit “A”
attached hereto and depicted in the plat on Exhibit “B” and
known as 230 S. Waterman Avenue, San Bernardino,
California, comprising approximately 15.63 acres
COUNTY CONTRACT NO: _________________
15.b
Packet Pg. 628 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
RECITALS
A. CITY and COUNTY are the owners of that certain real property legally
described on Exhibit “A” attached hereto and depicted in the plat on Exhibit “B” and
known as 230 S. Waterman Avenue, San Bernardino, California, comprising
approximately 15.63 acres (the “Property”). In its capacity as an owner, the CITY
appoints the COUNTY as the CITY’s authorized agent to act on behalf of the CITY in
the administration of this Lease unless expressly provided otherwise in this Lease and
all references to LANDLORD in this Lease shall collectively mean the CITY and
COUNTY, provided that unless otherwise expressly provided otherwise in this Lease,
the COUNTY shall act as authorized agent for the CITY. For avoidance of doubt, all
references to City and County in this Lease shall refer to its respective capacities as the
owners of the Property and nothing in this Lease precludes or shall be interpreted to
preclude City or County from acting in its respective capacities as regulatory bodies with
jurisdiction over the Property.
B. TENANT desires to lease the Property from LANDLORD for use as a
public charter school with the intent that TENANT sublease the Property to TENANT’s
affiliate, High Desert Partnership In Academic Excellence Foundation, Inc., for
TENANT’s affiliate to construct certain charter school improvements thereon (“Charter
School Improvements”) and to operate a public charter school facility known as the
Norton Science and Language Academy under a charter granted by the San Bernardino
County Board of Education. TENANT’s affiliate desires to guarantee TENANT’s
obligations under the Lease and shall be referred to as the “GUARANTOR.”
C. As consideration for the Lease of the Property to TENANT and in lieu of
TENANT’s monetary payment of monthly rent for the duration of the initial term of the
Ground Lease, TENANT shall construct or have constructed a new preschool facility
and site improvements (“Preschool Improvements”) for COUNTY under the state
preschool and federal “Head Start” programs in accordance with a separate
Improvement Agreement executed by COUNTY and GUARANTOR on even date with
this Lease on that certain real property known as 205 Allen Street, San Bernardino,
California, comprising approximately 2.23 acres (“Head Start Parcel”), which is owned
by the County and the City, which is located adjacent to the Property.
D. TENANT or an affiliate of TENANT intends to obtain tax-exempt financing,
which shall be used to construct the Charter School Improvements on the Property and
the Preschool Improvements on the Head Start Parcel with TENANT’s leasehold
interest in the Property to serve as collateral for said financing, provided that,
notwithstanding anything to the contrary in this Lease or in any financing documents,
this Lease shall not in any way encumber the Head Start Parcel or the Preschool
Improvements.
15.b
Packet Pg. 629 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
REFERENCE PAGES
COUNTY: County of San Bernardino
CITY:
LANDLORD:
City of San Bernardino
Collectively, the City and the County, provided that for
purposes of this Lease, the County shall act as
authorized agent for the City unless expressly provided
otherwise in this Lease.
LANDLORD’S NOTICE
ADDRESS:
County of San Bernardino
Attn: Real Estate Services Department
385 N. Arrowhead Avenue, Third Floor
San Bernardino, California 92415-0831
and
City of San Bernardino
Attn: City Manager
290 N. D. Street
San Bernardino, CA 92401
TENANT: 230 South Waterman Avenue, LLC,
a California limited liability company
TENANT’S NOTICE ADDRESS: 230 South Waterman Avenue, LLC
17500 Mana Road
Apple Valley CA 92307
GUARANTOR
High Desert Partnership in Academic Excellence
Foundation, Inc.,
a California nonprofit public benefit corporation
15.b
Packet Pg. 630 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
PROPERTY: Certain real property legally described on Exhibit “A”
attached hereto and depicted in the plat on Exhibit “B”
and known as 230 S. Waterman Avenue, San
Bernardino, California, comprising approximately 15.63
acres
USE: Public charter school serving some combination of grades
transitional kindergarten (TK) through 12 operating under
a charter granted by the San Bernardino County Board of
Education and ancillary administrative office uses and for
no other purposes
LEASE COMMENCEMENT DATE:
LEASE TERM:
OPTION TO EXTEND
LEASE TERM:
On the date that the last of the parties has executed this
Lease
Fifty (50) Years from the Lease Commencement Date
unless earlier terminated in accordance with this Lease
One (1) Option for Twenty (20) Years on the terms and
conditions set forth in the Lease
EXHIBITS
“A” Property - Legal Description
“B” Property - Plat
“C” Form of Subordination and Attornment Agreement
“D” List of Former County Officials
“E” Form of Guaranty of Lease
“F” Form of Sublease for Affiliate Transferees
15.b
Packet Pg. 631 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
LEASE AGREEMENT
By this Lease, LANDLORD, as lessor, leases to TENANT, as lessee, and
TENANT leases from LANDLORD, the Property on the terms and conditions set forth in
this Lease. The Reference Pages, including all terms defined thereon, and Recitals are
incorporated into and made a part of this Lease. The LANDLORD and TENANT shall
each be referred to as a “Party” and shall collectively be referred to as the “Parties.”
1. PROPERTY. LANDLORD, in consideration of covenants and conditions
herein set forth, hereby leases to TENANT and TENANT leases from LANDLORD the
Property on the terms and conditions set forth in this Lease. The Property is more
particularly described in the legal description set forth on Exhibit “A” and depicted in the
plat set forth on Exhibit “B” hereto. The Property is leased to TENANT in AS-IS
condition, subject to all easements, reservations, restrictions, rights and rights -of-way.
For avoidance of doubt, and notwithstanding anything to the contrary in this Lease, the
Parties hereby acknowledge and agree that the Head Start Parcel is not part of the
Property leased by TENANT under this Lease and is not subject to this Lease.
2. USE. The Property shall be used only for the Use set forth on the
Reference Pages and for no other purpose. TENANT shall not use or permit the use of
the Property in a manner that is unlawful or immoral, creates waste or a nuisance, or
causes damage to the Property or neighboring properties. TENANT shall not do or
permit anything to be done in, on, under , or about the Property which will in any way
obstruct, interfere, injure, annoy, or disturb the rights of occupants or visitors to the
Property or the neighboring properties. TENANT shall not sell or permit the sale of any
alcoholic beverages from the Property. TENANT agrees that any personal property that
is stored outside will be stored in a neat and orderly manner Unattractive and/or
unsightly outside storage shall not be permitted in public view under any circumstances.
TENANT shall not place or permit the placement on the Property or maintain or permit
the maintenance on the Property of any modular, portable, temporary, prefabricated, or
similar structure during the Term of this Lease. TENANT shall comply with all Applicable
Laws related to the use and development of the Property, including the requirements of
the Federal Aviation Administration, as may be amended. Upon development of the
Charter School Improvements and occupancy of the same on the Property by TENANT,
the same shall conclusively be deemed to be fit and proper for the purposes for which
TENANT shall use the Property.
3. TERM.
A. Term. The obligations of the Parties pursuant to this Lease shall
commence on the Lease Commencement Date and shall expire upon the expiration or
earlier termination of the Lease Term as set forth in the Reference Pages (“Initial
Term”), unless extended as provided in Paragraph B of this Section.
15.b
Packet Pg. 632 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
B. Option to Extend Term. TENANT shall have one (1) option to
extend the Initial Term of the Lease for twenty (20) years (the “Lease Term Extension
Option”) in accordance with the following provisions:
1. TENANT shall have one (1) option to extend the Term as to
the Property by twenty (20) years (the “Lease Term Extension Option”) on the same
terms and conditions as the Lease, except for Monthly Rent for the Property. To
exercise the Lease Term Extension Option, TENANT shall provide CITY and COUNTY
with concurrent written notice of such exercise no more than eighteen (18) months and
no less than twelve (12) months prior to the end of the Initial Term. If the TENANT
exercises the Lease Term Extension Option, such term shall be referred to as the
“Extended Term.”
2. The Monthly Rent for the Property during the initial year of
the Extended Term shall be adjusted by good faith negotiation of the Parties to the fair
market monthly rental rate then prevailing based on the monthly rental rate of
comparable leased properties in the County of San Bernardino. Thereafter, the monthly
rental rate for each subsequent year during the Extended Term shall be increased by a
market escalation factor (for instance, a percentage or fixed annual increases) then
prevailing for comparable leased properties in the County of San Bernardino (the
monthly rental rate for the initial year of the Extended Term and the annual escalation
factor shall hereinafter be collectively referred to as the “FMV Rent”). If the Parties have
been unable to agree on the FMV Rent for the Property within five (5) months of
TENANT's exercise of its option, said FMV Rent shall be determined through arbitration
conducted in accordance with the Commercial Arbitration Rules of the American
Arbitration Association. If the FMV Rent for the Property is determined by arbitration and
TENANT does not, for any reason, agree with such determination, TENANT shall have
the right to terminate the Lease b y providing LANDLORD with written notice not later
than thirty (30) days after TENANT’s receipt of the arbitration -determined FMV Rent. In
the event TENANT does not so terminate the Lease, TENANT shall commence paying
the arbitration-determined FMV Rent on the first day of the Extended Term and on the
first day of each calendar month thereafter with the arbitration-determined annual
escalations on each anniversary of the first day of the Extended Term for the duration of
the Extended Term. Unless individually referred to, the Initial Term and the Extended
Term, if any, shall hereinafter be collectively referred to as the “Term.”
3. Effect of Default on Extension Option. If TENANT is in
Default of this Lease at the time of exercise of the Lease Term Extension Option or at
any time thereafter up to the commencement date of the Extended Term, LANDLORD
agrees to provide written notice to TENANT of any existing Defaults during such period.
If TENANT fails to cure such Default to the reasonable satisfaction of LANDLORD on or
prior to the later of six (6) months prior to end of the Initial Term or thirty (30) days after
notice, then the Extended Term shall not commence and TENANT’s exercise of the
Lease Term Extension Option shall be deemed null and void and this Lease shall
automatically expire at the end of the Initial Term. If TENANT is in Default at any time
during the final six (6) months of the Initial Term beyond any applicable notice and cure
period, then the Extended Term shall not commence and TENANT’s exercise of the
15.b
Packet Pg. 633 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Lease Term Extension Option shall be deemed null and void and this Lease shall
automatically expire at the end of the Initial Term. For avoidance of doubt, nothing in
this paragraph shall limit LANDLORD’s rights to pursue any rights and remedies
resulting from any Default occurring at the time of TENANT’s exercise of the Lease
Term Extension Option and before the commencement of the Extended Term.
4. CONSIDERATION.
A. Rent. In lieu of TENANT’s monetary payment of Monthly Rent for
the Property during the Initial Term and as a material inducement the willingness of
LANDLORD to enter into this Lease, TENANT shall, at no cost to LANDLORD,
construct or have constructed the Preschool Improvements on the separate Head Start
Parcel in accordance with a separate Improvement Agreement executed by COUNTY
and GUARANTOR on the same date as this Lease (“Improvement Agreement”) and
perform or have performed certain obligations regarding the Preschool Improvements ,
as more specifically set forth in the Improvement Agreement. The Parties agree that the
value of the monetary monthly rent for the Property for the duration of the Initial Lease
Term is equivalent to the value of the Preschool Improvements to be constructed and
the other obligations to be performed by or on behalf of TENANT under the
Improvement Agreement.
B. Performance by Guarantor. In accordance with the terms of an
Improvement Agreement, GUARANTOR shall, on behalf of TENANT, construct the
Preschool Improvements on the separate Head Start Parcel in accordance with the
Improvement Agreement and perform certain obligations regarding the Preschool
Improvements, as more specifically set forth in the Improvement Agreement. The
Parties acknowledge and agree that GUARANTOR’s failure to perform GUARANTOR’s
obligations under the Improvement Agreement shall not relieve TENANT from
TENANT’s obligations to comply with Section 4.A.
C. Additional Consideration. As additional consideration for this
Lease, TENANT agrees that any improvements that are permitted under this Lease,
including but not limited to the Charter School Improvements and all utilities installed at
the Property, shall become the property of LANDLORD at the end of the Term or any
earlier termination thereof without compensation to TENANT . TENANT shall execute
any documentation necessary to transfer such improvements to LANDLORD without
encumbrance at the end of the Term or any earlier termination thereof.
D. Late Payment Fees and Interest. If any monthly rent or other
monetary sums due under this Lease (collectively, “Rents”) are not paid when due and
payable, TENANT shall pay to LANDLORD an additional fifty and 00/100 Dollars
($50.00) for each overdue Rent as an administrative processing charge. The Parties
agree that this administrative processing charge represents a fair and reasonable
estimate of the costs that LANDLORD will incur by reason of the overdue Rent.
Acceptance of any administrative processing charge shall not constitute a waiver of
TENANT's default with respect to the overdue Rent or prevent LANDLORD from
exercising any of the other rights and remedies available to LANDLORD. Rents not
15.b
Packet Pg. 634 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
paid when due shall bear simple interest from date due at the rate of one and one -half
percent (1½%) per month until fully paid.
5. LEASEHOLD ENCUMBRANCES
A. Non-Subordination of Landlord Fee Interest and Head Start
Parcel. This Lease and all rights and interests of TENA NT or any person claiming
through or under TENANT’s leasehold interest herein is and shall at all times be subject
and subordinate to LANDLORD’s fee interest in the Property. In no event shall
LANDLORD be required to or be deemed to have subordinated or en cumbered any
portion of its fee interest in the Property as security for any TENANT financing. In the
event of any conflict between any financing and loan documents and this Lease, this
Lease shall control and neither TENANT nor any leasehold encumbrance h older shall
obtain any greater rights in the Property than the TENANT possess es under this Lease.
For avoidance of doubt, and notwithstanding anything to the contrary in this Lease, the
Parties hereby acknowledge and agree that, notwithstanding anything to the contrary in
this Lease or in any financing documents, this Lease shall not in any way encumber the
Head Start Parcel or the Preschool Improvements thereon.
B. CONSTRUCTION FINANCING.
1. To finance or refinance development of the Property and the
construction of the Charter School Improvements thereon and the construction of the
Preschool Improvements on the Head Start Parcel and for no other purpose , TENANT
may encumber its leasehold interest in the Property under this Lease to a lender
furnishing construction financing to TENANT (or permanent financing to reimburse
TENANT for the costs of said construction), provided that in no event shall the Head
Start Parcel or the Preschool Improvements be encumbered in any manner . The Parties
hereby acknowledge and agree that TENANT shall not have the right to encumber its
leasehold interest in the Property to finance any other charter schools, programs, or
foundations operated by TENANT or any of its affiliates. The proposed lender or
beneficiary of any encumbrance under this Section 5.B must be reasonably approved
by LANDLORD (such approved mortgagee or beneficiary shall be referred to herein as
“LENDER”), which approval may be subject to terms and conditions reasonably
acceptable to LANDLORD, including but not limited to that TENANT is not in Default at
the time of approval, all relevant financing documents shall be delivered to LANDLORD
for review at least thirty (30) days prior to closing, the Lease controls in the event of any
conflict, and LENDER promptly re-conveys all leasehold interest upon repayment.
LANDLORD agrees to promptly and diligently review all financing documents provided
by TENANT, and shall provide written notice to TENANT of any objections within fifteen
(15) business days after delivery. If the encumbrance is approved by LANDLORD, the
Parties and LENDER shall execute an agreement in substantially the form attached as
Exhibit “C” hereto with respect to such lien or encumbrance (referred to herein as an
“Approved Encumbrance”) to confirm the terms of the remainder of this Section B.
LANDLORD agrees to execute an estoppel certificate in a form reasonably approved by
LANDLORD to certify the status of the Lease and the performance by TENANT of its
obligations hereunder. COUNTY’s RESD Director shall have the authority to review
15.b
Packet Pg. 635 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
encumbrance requests, and if approved, to execute on behalf of LANDLORD the form
of Exhibit “C” and an estoppel certificate in a form approved by LANDLORD’s counsel .
The CITY hereby authorizes the COUNTY’s RESD Director to execute such documents
as an authorized agent for the CITY, provided that the CITY has been given a minimum
of ten (10) days prior written notice of such execution. Any encumbrance without
LANDLORD's approval shall be void and shall constitute a default under this Lease.
LANDLORD’s approval to any one encumbrance shall not constitute a waiver of
LANDLORD’s right to require approval to any subsequent encumbrance. LANDLORD
hereby consents to the encumbrance of TENANT’s leasehold interest to Wilmi ngton
Trust, as trustee under the Indenture of Trust dated as of June 1, 2020 by and between
California Enterprise Development Authority, and Wilmington Trust, National
Association, pursuant to which the California Enterprise Development Authority Charter
School Revenue Bonds (Norton Science and Language Academy Project) Tax -Exempt
Series 2020A and California Enterprise Development Authority Charter School Revenue
Bonds will be issued to finance the construction of the Charter School Improvements on
the Property and the Preschool Improvements on the Head Start Parcel, subject to the
parties and said trustee’s execution of a subordination agreement substantially in the
form of Exhibit ”C”.
2. Upon default by TENANT under any of the terms of an
Approved Encumbrance, subject to the terms of this Lease, LENDER may exercise any
rights provided in such Approved Encumbrance, provided that before any sale of
TENANT’s leasehold interest, whether under power of sale or foreclosure, LENDER
shall give to LANDLORD written notice of the same character and duration as is
required to be given to TENANT by the terms of the Approved Encumbrance or the laws
of the State of California.
3. If any default under an Approved Encumbrance shall
continue after the giving of LENDER’s notice, LANDLORD, prior to sale of the leasehold
interest, shall have the right to correct such default at TENANT’s cost, which shall be
reimbursed by TENANT upon demand , and/or exercise LANDLORD’s remedies,
including but not limited to initiating an action to terminate this Lease, provided that at
LENDER’s request, LANDLORD shall enter into a new Lease with LENDER on the
same terms as this Lease for the remainder of the term of this Lease.
4. If a sale or foreclosure under an Approved Encumbrance
occurs or if the LENDER or its assignee acquires the leasehold interest by assignment
in lieu of foreclosure, LENDER or said permitted assignee, as successor in interest to
TENANT, will be bound by all the terms of this Lease and will assume all the obli gations
of TENANT hereunder, including, but not limited to, TENANT’s obligations in Paragraph
4.A.
5. As long as the Approved Encumbrance remains in effect, a
LENDER shall have the same rights as the TENANT has under this Lease, at any time
during the Term, to enter the Property to (A) do any act or thing required of TENANT
hereunder, within the time TENANT is required to perform such act or thing hereunder,
whenever failure to do such act or thing would constitute a default hereunder , provided
15.b
Packet Pg. 636 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
that prior to any Default, LENDER shall provide written notice to LANDLORD if
LENDER acts on behalf of TENANT ; and/or (B) cure any Default; and LANDLORD shall
accept such performance or cure by a LENDER as if TENANT had performed. No
LENDER shall be required to cure any default of TENANT unless such LENDER has
elected to acquire the leasehold interest in writing or via foreclosure or deed in lieu
thereof. Any notice to TENANT given pursuant to this Lease, including notice of a
default or a termination of this Lease, shall be delivered simultaneously to any such
LENDER if LENDER has provided its notice address to LANDLORD. LANDLORD
agrees that if TENANT fails to cure any default under the Lease within the time provided
for in the Lease, except for defaults due to TENANT’s failure to pay monetary Monthly
Rent, TENANT’s failure to comply with Section 4.A of the Lease, or GUARANTOR’s
failure to construct and complete the Preschool Improvements on the Head Start Parcel
in accordance with the Improvement Agreement for which no additional time shall be
granted to LENDER (unless expressly set forth in the Improvement Agreement),
LENDER shall have an additional ten (10) business days after LENDER’s receipt of
written notice of Default within which to cure such default, provided if such Default is of a
nature that it cannot reasonably be cured within ten (10) business days then so long as
LENDER commences cure within said ten (10) business days and thereafter diligently
prosecutes such cure to completion, (A) if possession of the Property is not required to
prosecute and complete a cure of the Default, LENDER shall have a reasonable period to
cure such Default, not to exceed 30 days from LENDER’s receipt of the written notice of
Default, (B) if possession of the Property is required to prosecute and complete a cure of
a Default (other than a Default described in Section 18.A.2 hereof), LENDER shall have a
reasonable period to cure such Default, not to exceed such time as reasonably necessary
to obtain possession of the Property plus 60 days or (C) LENDER shall have a
reasonable period to cure any Default described in Section 18.A.2 hereof not to exceed
such time as reasonably necessary to obtain possession of the Property plus 365 days..
6. LANDLORD shall provide LENDER with notice at the same
time that it provides notice to TENANT of any Default, including those that would result
in any surrender of the Property or termination of the Lease. No amendment of the
Lease that modifies any of its material economic terms, including this Section 5, or the
Term shall be valid without LENDER’s prior written consent. TENANT shall be required
to obtain such LENDER’s prior written consent prior to the execution of such
amendment.
7. If any LENDER acquires TENANT’s leasehold interest in the
Property by deed-in-lieu or at a foreclosure of its Approved Encumbrance, this Lease
shall continue in full force on the same terms and conditions. Neither LENDER nor its
assignee shall assign this Lease, sublease any portion of the Property or appoint an
agent to operate any portion of the Property without obtaining the prior written approval
of CITY and COUNTY. Such approval shall not be unreasonably withheld, conditioned
or delayed so long as the proposed assignee, subtenant or agent has demonstrated
substantial experience in the operation of facilities similar to the Charter School
Improvements.
15.b
Packet Pg. 637 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
8. LANDLORD acknowledges that all or a portion of the
improvements to be constructed on the Property will be financed or refinanced by
TENANT with proceeds of obligations (“Tax-Exempt Obligations”) issued for the benefit
of TENANT the interest on which is intended by TENANT to be excludable from gross
income for federal income tax purposes. LANDLORD further acknowledges that, to
maintain the federally tax-exempt status of the Tax-Exempt Obligations, TENANT must
ensure that the Property (including all improvements thereto) are managed, operated
and owned consistent with applicable provisions of the Internal Revenue Code of 1986,
as amended (the “Tax Code”), and the Treasury Regulations thereunder (the
“Regulations”) for the full term of the Tax-Exempt Obligations. TENANT shall have the
sole obligation to comply with such provisions of the Tax Code and Regulations,
LANDLORD acknowledges the following as it relates to the Tax-Exempt Obligations:
a. LANDLORD and TENANT reasonably expect that the
Property (including all improvements thereto) will be used exclusively as a charter
school facility that will be managed and operated by TENANT or an affiliate of TENANT
for the full term of this Lease. LANDLORD and TENANT further reasonably expect that
no third-party manager or service provider will be engaged to manage or operate the
Property (including any improvements thereto). LANDLORD and TENANT agree to not
change the management, operation or nature of the Use of the Property (including any
improvements thereto) prior to 120 days after providing written notice to LENDER of
such change in management, operation or nature of the Use.
b. LANDLORD reasonably expects that the Property
(including all improvements thereto) will be owned by LANDLORD and leased solely to
TENANT for the full term of this Lease. LANDLORD agrees to not sell or otherwise
dispose of any portion of the Property (including any improvements thereto) (to the
extent otherwise permitted under this Lease) prior to 120 days after providing written
notice to TENANT of such sale or other disposition.
c. LANDLORD agrees to cooperate with TENANT, at no
cost to LANDLORD, to provide TENANT with such reasonable information concerning
the ownership of the Property (including all improvements thereto) as TENANT may
reasonably request from time to time during the term of this Lease for TENANT to
maintain the federally tax exempt status of interest on the Tax-Exempt Obligations.
15.b
Packet Pg. 638 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
6. MAINTENANCE OF PROPERTY.
A. TENANT agrees that it shall have the sole responsibility to repair
and maintain all aspects of the Property and keep the Charter School Improvements in
good working order, condition, and repair for the duration of the Term and in
accordance with all Applicable Laws. The term “Applicable Laws” shall refer to all
statutes, laws, ordinances, regulations, codes, rules, standards, and other requirements
pertaining to construction, use, operation, and management of the Charter School
Improvements and the Property as adopted and enforced by the applicable federal,
state, local, regulatory, and judicial authorities (“Governmental Authorities”). Applicable
Laws shall include, but is not limited to, the California Building Standards Code as
adopted and enforced by the applicable Governmental Authorities . In the event that an
Applicable Law is changed during the Term of this Lease in a manner that necessitates
an alteration of the Charter School Improvements or the Property, TENANT shall bear
the sole cost and expense necessary to comply with such change in the Applicable
Law.
B. Utilities. TENANT agrees that all utilities, including but not limited
to electrical, water, gas, telephone, refuse collection, and sewage disposal to Charter
School Improvements and the Property and maintenance of any utility lines or
connections shall be the sole responsibility of TENANT at its own cost and TENANT
shall pay such costs directly to the utility or service provider.
7. INSURANCE.
A. Basic Insurance Requirements. Without in any way affecting
TENANT’s obligation to defend and indemnify CITY and COUNTY as herein provided,
and in addition thereto, TENANT shall secure and maintain the following types of
insurance with the following minimum limits throughout the Term of this Lease:
i. Workers’ Compensation/Employers Liability. A program of
Workers’ Compensation insurance or a state-approved, self-insurance program in an
amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employer’s Liability with $250,000 limits covering all persons
providing services on behalf of TENANT and all risks to such persons under this Lease.
TENANT agrees that TENANT’s volunteers are required to be covered by accident
insurance and/or workers’ compensation.
ii. Commercial/General Liability Insurance. TENANT shall
carry General Liability Insurance covering all operations performed by or on behalf of
TENANT providing coverage for bodily injury an d property damage with a combined
single limit of not less than one million dollars ($1,000,000) per occurrence. The policy
coverage shall include:
1. Operations and mobile equipment.
2 Products and completed operations.
15.b
Packet Pg. 639 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
3. Broad form property damage (including completed
operations).
4. Explosion, collapse and underground hazards.
5. Personal injury.
6. Contractual liability.
7. $2,000,000 general aggregate limit.
iii. Commercial Property Insurance providing special form
insurance coverage for the buildings, fixtures, equipment and all improvements
constituting any part of the Property. Said special form insurance shall provide broad
coverage concerning potential risks but shall exclude earthquake liability and shall
provide limited coverage for flood risks. Coverage shall be sufficient to insure one
hundred percent (100%) of the replacement cost of the Charter School Improvements.
iv. Automobile Liability Insurance. Primary insurance coverage
shall be written on ISO Business Auto coverage form for all owned, hired and non -
owned automobiles and passenger vehicles. The policy shall have a combined single
limit of not less than one million dollars ($1,000,000) for bodily injury and property
damage, per occurrence.
If TENANT owns no autos, a non-owned auto endorsement to the general liability policy
described above is acceptable.
v. Environmental Liability Insurance. Environmental liability
insurance with a combined single limit of not less than One Million and 00/100 Dollars
($1,000,000.00) per occurrence.
vi. Umbrella Liability Insurance. An umbrella (over primary) or
excess policy may be used to comply with limits or other primary coverage
requirements. When used, the umbrella policy shall ap ply to bodily injury/property
damage, personal injury/advertising injury and shall include a “dropdown” provision
providing primary coverage for any liability not covered by the primary policy. The
coverage shall also apply to automobile liability.
vii. If TENANT performs any construction of the Property,
TENANT shall also procure and maintain coverages as follows:
1. For construction contracts for projects over One
Million Dollars ($1,000,000) and less than Three Million Dollars ($3,000,000) require
limits of not less than Three Million Dollars in General Liability and Auto Liability
coverage.
2. For construction contracts for projects over Three
Million Dollars ($3,000,000) and less than Five Million Dollars ($5,000,000) require limits
of not less than Five Million Dollars ($5,000,000) in General Liability and Auto Liability
coverage.
15.b
Packet Pg. 640 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
3. For construction contracts for projects over Five
Million Dollars ($5,000,000) and less than Ten Million Dollars ($10,000,000) require
limits of not less than Ten Million Dollars (10,000,000) in General Liability and Auto
Liability coverage.
4. TENANT agrees to require all parties, subcontractors,
or others, including, but not limited to, architects, it hires or contracts with in relation to
the Lease to provide insurance covering the contracted operations with the
requirements in this Section 7 (including, but not limited to, waiver of subrogation rights)
and naming COUNTY and CITY as an additional insured. TENANT agrees to monitor
and review all such coverage and assumes all responsibility ensuring that such
coverage is provided as required here.
5. Course of Construction/Installation (Builder’s Risk)
property insurance providing all risk, including theft coverage for all property and
materials to be used on the construction project. The insurance policy shall not have
any coinsurance penalty.
B. Required Policy Provisions. Each of the insurance policies which
TENANT is required to procure and maintain as part of this Lease shall include the
following provisions:
1. Additional Insured. All policies, except for the Workers’
Compensation, shall contain endorsements naming COUNTY and CITY and their
officers, employees, agents and volunteers as additional insureds with respect to
liabilities arising out of the TENANT’s use of the Property and TENANT’s performance
of its obligations under this Lease. The additional insured endorsements shall not limit
the scope of coverage for COUNTY or CITY to vicarious liability but shall allow
coverage for LANDLORD to the full extent provided by the policy. Such additional
insured coverage shall be at least as broad as Additional Insured (Form B)
endorsement form ISO, CG 2010.11 85.
2. Waiver of Subrogation Rights. TENANT shall require the
carriers of required coverages to waive all rights of subrogation against COUNTY and
CITY and their officers and employees. All general or auto liability insu rance coverage
provided shall not prohibit TENANT and TENANT’S employees or agents from waiving
the right of subrogation prior to a loss or claim. TENANT hereby waives all rights of
subrogation against COUNTY and CITY.
3. Policies Primary and Non-Contributory. All policies required
herein are to be primary and non-contributory with any insurance or self -insurance
programs carried or administered by LANDLORD.
4. Severability of Interests. TENANT agrees to ensure that
coverage provided to meet these requirements is applicable separately to each insured
and there will be no cross-liability exclusions that preclude coverage for suits between
15.b
Packet Pg. 641 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
TENANT and LANDLORD or between LANDLORD and any other insured or additional
insured under the policy.
5. Proof of Coverage. TENANT shall furnish Certificates of
Insurance to the COUNTY Real Estate Services Department (RESD), administering the
Lease on behalf of LANDLORD, evidencing the insurance coverage, including
endorsements, as required, prior to the commencement of performance of any work on
or use of the Property, and TENANT shall maintain such insurance from the Lease
Commencement Date until this Lease is expired or earlier terminated. TENANT agrees
to provide at least thirty (30) days written notice to COUNT Y RESD prior to any
termination or expiration of said insurance coverage. Within fifteen (15) days of the
Lease Commencement Date, TENANT shall furnish a copy of the Declaration page for
all applicable policies and will provide complete certified copies o f the policies and
endorsements immediately upon request.
6. Acceptability of Insurance Carrier. Unless otherwise
approved by COUNTY’s Department of Risk Management, administering the Lease on
behalf of LANDLORD, insurance shall be written by insurers authorized to do business
in the State of California and with a minimum “Best” Insurance Guide rating of “A - VII”.
Insurance provided by a joint powers authority shall be deemed to satisfy the foregoing
requirement.
7. Deductibles: Any and all deductibles or self -insured
retentions in excess of $10,000.00 shall be declared to and approved by COUNTY’s
Risk Management.
8. Insurance Review. Insurance requirements are subject to
periodic review by LANDLORD. COUNTY’S Director of Risk Management or designee
is authorized, but not required, to reduce, waive or suspend any insurance requirements
whenever COUNTY’S Department of Risk Management determine s that any of the
required insurance is not available, is u nreasonably priced, or is not needed to protect
the interests of LANDLORD. In addition, COUNTY’S Director of Risk Management or
designee is authorized, but not required, to change the above insurance requirements
to require additional types of insurance coverage or higher coverage limits, provided
that any such change is reasonable in light of past claims against LANDLORD, inflation,
or any other item reasonably related to LANDLORD risk.
Any change requiring additional types of insurance coverage or highe r coverage limits
must be made by amendment to this Lease. TENANT agrees to execute any such
amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of LANDLORD or COUNTY’s RESD or
COUNTY’s Department of Risk Management to monitor or enforce compliance with any
of the insurance and indemnification requirements will not be deemed as a waiver of
any rights on the part of LANDLORD.
15.b
Packet Pg. 642 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
9. Failure to Procure Insurance. All insurance required must be
maintained in force at all times by TENANT. Failure to maintain said insurance, due to
expiration, cancellation, or other reasons shall be cause for LANDLORD to give notice to
immediately suspend TENANT’S use of the Property. Failure to reinstate said insurance
within thirty (30) days of notice to do so shall be cause for termination and for forfeiture of
this Lease, and/or LANDLORD, at their discretion, may procure or renew such insurance
and pay any and all premiums in connection therewith, and all monies so paid by
LANDLORD shall be repaid by TENANT to LANDLORD upon demand but only for the pro
rata period of non-compliance.
10. LANDLORD shall have no liability for any premiums charged
for such coverage(s). The inclusion of CITY and COUNTY as additional named insured is
not intended to and shall not make a partner or joint venturer with TENANT.
11. TENANT agrees to require all parties or subcontractors, or
others it hires or contracts with related to the use of the Property and the performance
of TENANT’s obligations hereunder to provide insurance covering the contracted
operation with the basic requirements in this Section 7 (including waiver of subrogation
rights) and naming COUNTY and CITY as an additional insured. TENANT agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided as required herein.
8. INDEMNIFICATION. TENANT agrees to indemnify, defend (with counsel
reasonably approved by CITY and COUNTY), and hold harmless COUNTY and CITY
and their respective authorized officers, employees, agents and volunteers, from any and
all claims, actions, losses, damages, and/or liability arising out of this Lease or occurring
on, in, under or about the Property from any cause whatsoever, including the acts, errors
or omissions of any person and for any costs or expenses incurred by COUNTY and CITY
on account of any claim except where such indemnification is prohibited by law. This
indemnification provision shall apply regardless of the existence or degree of fault of
indemnitees. The TENANT’s indemnification obligation applies to the “active” as well as
“passive” negligence of COUNTY or CITY but does not apply to the “sole negligence” or
“willful misconduct” of COUNTY or CITY within the meaning of Civil Code Section 2782.
TENANT further agrees to indemnify, defend (with counsel reasonably approved by
CITY), and hold harmless CITY and its respective authorized officers, employees,
agents and volunteers, from any and all claims, actions, losses, dam ages, and/or
liability arising out TENANT’s construction of Preschool Improvements from any cause
whatsoever, including the acts, errors or omissions of any person and for any costs or
expenses incurred by CITY on account of any claim except where such ind emnification
is prohibited by law. This indemnification provision shall apply regardless of the
existence or degree of fault of indemnitees. The TENANT’s indemnification obligation
applies to the “active” as well as “passive” negligence of CITY but does not apply to the
“sole negligence” or “willful misconduct” of CITY within the meaning of Civil Code
Section 2782.
15.b
Packet Pg. 643 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
County agrees to indemnify, defend (with counsel reasonably approved by CITY ), and
hold harmless CITY and its respective authorized officers, employees, agents and
volunteers, from any and all claims, actions, losses, damages, and/or liability arising out
of the COUNTY’s use of Preschool Improvements for any purpose including operation
of its federal Head Start programs from any cause whatsoever, including the acts, errors
or omissions of any person and for any costs or expenses incurred by CITY on account
of any claim except where such indemnification is prohibited by law. This
indemnification provision shall apply regardless of the existenc e or degree of fault of
indemnitees. The COUNTY’s indemnification obligation applies to the “active” as well
as “passive” negligence of CITY but does not apply to the “sole negligence” or “willful
misconduct” of CITY within the meaning of Civil Code Section 2782.
9. EXEMPTION FROM LIABILITY. Neither CITY nor COUNTY shall be
liable for any injury or damage to the person or property of TENANT or its employees,
contractors, invitees, customers, or any other person on, in, under or about the Charter
School Improvements nor the Property, whether such damage or injury is caused by or
results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage,
obstruction or other defects in pipes, fire sprinklers, wires, appliances, plumbing
systems, fixtures, air conditioning systems or lighting fixtures, or from any other cause,
whether said injury or damage results from conditions arising on or from Charter School
Improvements or the Property. Neither CITY nor COUNTY shall be liable for any
damages arising from any act or neglect of any other tenant, licensee, or other occupant
or user at the Property or from LANDLORD’s failure to enforce the provisions of any
other lease, license, or other occupancy or use agreement at the Propert y.
Notwithstanding anything to the contrary in this Lease, neither CITY nor COUNTY shall
be liable for any injury or damages to TENANT or its employees, contractors, invitees,
customers, or any other persons' business or any loss of income or profit therefrom, or
for any special, incidental, consequential, or punitive damages allegedly sustained by
TENANT or its employees, contractors, invitees, customers, or any other person.
10. TAXES, ASSESSMENTS, LICENSES AND PARCEL LINES . In the event
that TENANT is an entity that qualifies for any tax -exempt status, LANDLORD agrees to
cooperate with TENANT to facilitate, at no cost to LANDLORD, TENANT’s efforts to
apply for the benefits of any tax-exempt status. TENANT shall pay before delinquency
any other real property taxes, assessments, fees, or charges, which may be levied or
assessed upon the Property, improvements or fixtures installed or belonging to
TENANT and located in or on the Property. TENANT shall also pay all license or p ermit
fees necessary or required by law for the conduct of TENANT’s business or operation.
11. CHARTER SCHOOL IMPROVEMENTS
A. The Parties anticipate that TENANT will construct or have
constructed, at TENANT’s sole cost and expense, the Charter School Improvements,
consisting of permanent buildings, improvements and facilities, on the Property,
provided however nothing in this Lease requires TENANT to construct or have
constructed the Charter School Improvements. For avoidance of doubt, whether the
Charter School Improvements are constructed or not, the Lease shall remain in effect
15.b
Packet Pg. 644 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
on its terms and conditions, including but not limited to TENANT’s obligations in Section
4.A as TENANT’s consideration under this Lease.
B. Reserved.
C. LANDLORD agrees that TENANT’s construction of the Charter
School Improvements shall be determined by TENANT in TENANT’s sole discretion,
provided that the Parties anticipate that the construction shall be substantially
completed in accordance with the specifications shown in the plans prepared by
TENANT and submitted to the City with Conditional Use Permit 19-10 (the “Conditional
Use Permit”), but subject to approvals by Governmental Authorities and conformance
with the utility, road, grading and drainage requirements of Governmental Authorities.
D. If TENANT constructs Charter School Improvements on the
Property, TENANT agrees to obtain building permits from the applicable Governmental
Authorities for Charter School Improvements and to provide suitable security to
LANDLORD for performance and payment of the Charter School Improvements , which
security may take the form of any one or more of the following, as determined by
LANDLORD, in its reasonable discretion: (1) an irrevocable Letter of Credit in an
amount of no less than one hundred ten percent (110%) of the total cost of construction ,
including any increases due to change orders, (2) a policy of contractor default
insurance issued by an insurance company lawfully authorized to issue such policies of
insurance in the State of California in an amount of no less than one hundred ten
percent (110%) of the total cost of construction , including any increases due to change
orders, and which names COUNTY and CITY as an additional insured, and/or (3)
performance and payment bonds from the contractor. As used in the preceding
sentence, each contractor performance and payment bond shall name CITY and
COUNTY as beneficiaries and be (A) in a form acceptable to the LANDLORD, (B) in
the amount of no less than one hundred ten percent (110%) of the total cost of
construction, including any increases due to change orders, (C) issued by a surety
qualified to do business in the State of California, and (D) provide that the surety shall
complete the construction in the event that contractor fails to complete the construction
of the Charter School Improvements in a reasonably diligent manner. As used in the
preceding sentence, “reasonably diligent manner” means construction activity whi ch,
after the start of construction, is continued without an interruption of more than sixty (60)
consecutive days, or which otherwise allows the TENANT to relocate its operations onto
the Property prior to the start of the 2022 -2023 school year (provided that construction
has commenced before January 1, 2021 ). The CITY hereby authorizes the COUNTY’s
RESD Director to execute an acceptance of any bond(s) or other security provided by or
on behalf of TENANT under this Lease so long as the form of security and the surety
issuer are acceptable to COUNTY.
E. Compliance with Laws. TENANT is a California limited liability
company, the sole member of which is a nonprofit public benefit corporation operating a
nonprofit charter school. LANDLORD makes no representation with respect to the
applicability of public bidding procedures or requirements for the payment of prevailing
wages hereunder. The Parties acknowledge and agree that any improvement of the
15.b
Packet Pg. 645 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Property by TENANT shall be at TENANT’s sole discretion, sub ject to TENANT’s
obligation to indemnify, defend, and hold harmless CITY and the COUNTY as provided
in this Paragraph. In the event TENANT contracts for the construction of the Charter
School Improvements or any portion thereof, TENANT agrees to comply with the
applicable provisions, if any, of the California Public Contract Code regarding bidding
procedure and Labor Code regarding general prevailing wages, as determined by
TENANT in TENANT’s sole discretion, provided that if TENANT violates any applicable
laws, TENANT shall indemnify, defend (with counsel reasonably approved by
LANDLORD) and hold harmless COUNTY and CITY and its officers, employees,
agents, and volunteers from any claims, actions, losses, damages, and/or liability
arising out of the obligations set forth herein. TENANT’s indemnity obligation shall
survive the TENANT’s tenancy and shall not be limited by t he existence or availability of
insurance. TENANT further agrees to provide LANDLORD with not less than ten (10)
days’ written notice prior to the commencement of construction of the Charter School
Improvements so that LANDLORD, at the option of LANDLORD, may post a Notice of
Non-Responsibility as provided by law. TENANT shall perform any construction in such
a manner so that no mechanic's liens or materialmen's liens shall be asserted, or
purportedly asserted, against the Property or any improvements thereon. If any such
lien shall be asserted, TENANT shall indemnify, defend (with counsel reasonably
approved by CITY and COUNTY) and hold harmless CITY and COUNTY in accordance
with Section 8 of this Agreement for TENANT’s failure to fulfil its obligations herein. If
such liens are asserted, TENANT shall promptly remove said liens within thirty (30)
days after its occurrence and if requested by LANDLORD, in LANDLORD’s sole
discretion, TENANT shall post a surety bond to release the Property from any
mechanic’s liens recorded against the Property. Said bond shall be issued by a surety
qualified to do business in California and shall be in an amount prescribed by law.
12. SURRENDER. TENANT shall surrender the Property at the end of the
last day of the Term or any earlier termination date, broom clean and free of debris.
TENANT shall further surrender all Charter School Improvements at the end of the last
day of the Term or any earlier termination date, clean and free of debris and in good
operating order, condition and state of repair, ordinary wear and tear excepted. Ordinary
wear and tear shall not include any damage or deterioration that could have been
prevented by good maintenance practice. TENANT’s obligation shall include the repair
of any damage occasioned by the removal, replacement, or remediation of any soil,
material or ground water contaminated by TENANT, all as may then be required by any
applicable law, ordinance or regulation and/or good practice.
13. CIVIC CENTER ACT. In the event that TENANT constructs Charter
School Improvements on the Property, TENANT (or its affiliate) shall comply with the
provisions of the Civic Center Act (Education Code section 38131, et seq.) in allowing
use of Charter School Improvements by members of the community (e.g., Girl Scouts).
For purposes of Civic Center Act compliance, with respect to the Charter School
Improvements only, TENANT's Board of Directors shall hold the same powers and
obligations applicable to a School District Board of Trustees under Education Code
sections 38130-38139 and shall also follow TENANT’s Board Policy and administrative
procedures allowing use of school facilities by members of the community. LANDLORD
15.b
Packet Pg. 646 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
shall forward all Civic Center Act requests it receives for use of Charter School
Improvements to TENANT. All proceeds derived from the use of Charter School
Improvements pursuant to the Civic Center Act shall be the property of TENANT.
14. CASUALTY. In the event any of the buildings, structures or
improvements erected on the Property are vandalized, burglarized, damaged or
destroyed during the term of this Lease, TENANT shall, at its sole cost and expense,
repair and restore such buildings, structures or improvements to the original condition
prior to said damage or destruction. TENANT shall commence the repair and
restoration within forty-five (45) days of the event causing such damage or destruction
and shall diligently prosecute such work until completion. TENANT agrees to maintain
casualty insurance for the Charter School Improvements in accordance with Section 7,
INSURANCE. All proceeds of any property insurance maintained by TENANT pursuant
to this Lease shall be used to repair and restore the Charter School Improvements, and
for no other purpose, without LANDLORD’s express written consent. With respect to
the Charter School Improvements, any repair and restoration work shall comply with all
the requirements set forth in Section 11, CHARTER SCHOOL IMPROVEMENTS.
15. CONDUCT OF EMPLOYEES. TENANT shall be responsible for the
conduct of its employees, volunteers, agents, members, invitees, guests, patrons and
spectators in the Charter School Improvements and on the Property.
16. SPECIAL USE COVENANTS AND RESTRICTIONS.
A. Hazardous Substances
1. Definitions. The following terms shall have the meanings
set forth in this paragraph A of Section 16:
i. Applicable Requirements shall mean all laws, rules,
regulations, ordinances, directives, covenants, easements and restrictions of record,
permits, the requirements of any applicable fire insurance underwriter or rating bureau,
and the recommendations of LANDLORD’s engineers and/or consultants, relating in
any manner to the subject matter of this Lease now in effect or which may hereafter
come into effect.
ii. Hazardous Substance shall mean any product,
substance, chemical, material or waste whose presence, nature, quantity and/or
intensity of existence, use, manufacture, disposal, transportation, spill, release or effect,
either by itself or in combination with other materials expected to be on the Property, is
either: (i) potentially injurious to the public health, safety or welfare, or the environment,
the Property; (ii) regulated or monitored by any governmental authority; or (iii) a basis
for potential liability of LANDLORD to any governmental agency or third party under any
Applicable requirements or common law theory. Hazardous Substance shall include, but
not be limited to fuel, hydrocarbons, petroleum products, gasoline, crude oil or any
products or by-products thereof.
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Packet Pg. 647 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
iii. Reportable Use shall mean the installation or use of
any above or below ground (i) storage tank; (ii) the generation, possession, storage,
use, transportation, or disposal of a Hazardous Substance that requires a permit from,
or with respect to which a report, notice, registration or business plan is required to be
filed with, any governmental authority; and (iii) the presence in, on, under or about the
Property of a Hazardous Substance with respect to which any Applicable Requirements
require that a notice be given to persons entering or occupying the Property or
neighboring properties.
2. Use of Hazardous Substances by Tenant. TENANT shall
not engage in any activity in, on, under or about the Property which constitutes a
Reportable Use of Hazardous Substances without the express prior written consent of
LANDLORD, in its sole discretion, and compliance in a timely manner (at TENANT’s
sole cost and expense) with all Applicable Requirements. Notwithstanding the
foregoing, TENANT may, without LANDLORD’s prior consent, but upon notice to
LANDLORD and in compliance with all Applicable Requirements, use any ordinary and
customary materials reasonably required to be used by TENANT in the normal course
of the Use set forth on the Reference Pages, so long as such use is not a Reportable
Use (other than the Reportable Use of a Hazardous Substance in a science lab facility
constructed in compliance with Applicable Requirements) and does not expose the
Property, or neighboring properties to any meaningful risk of contamination or damage
or expose LANDLORD to any liability therefore. LANDLORD may (but without any
obligation to do so) condition its consent to any Reportable Use of any Hazardous
Substance by TENANT upon TENANT’s giving LANDLORD such additional assurances
as LANDLORD, in the reasonable discretion of the COUNTY’s Director of Risk
Management, deems necessary to protect itself, the public, the Property, and the
environment against damage, contamination or injury and/or liability therefore, including,
but not limited to, the installation (and, at LANDLORD’s option, and TENANT’s sole cost
and expense) of reasonably necessary protective modifications to the Property.
TENANT shall not cause or permit any Hazardous Substance to be spilled or released
in, on, under or about the Property (including, without limitation, through the plumbing or
sanitary sewer system).
3. Covenants. TENANT, at its sole cost, shall comply with any
and all the Applicable Requirements with respect to Hazardous Substances, including
but not limited to the following:
i. California Health & Safety Code, Division 20,
Chapters 6.5, Hazardous Waste Control (inclusive); 6.7, Underground Storage of
Hazardous Substances (inclusive); and 6.95, Hazardous Materials Release Response
Plans and Inventory (inclusive);
ii. California Code of Regulations Title 22, Division 4.5;
Title 23, Division 3, Chapter 16, Underground Storage Tank Regulations; and
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Packet Pg. 648 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
iii. Title 2, Division 3, entitled “Fire Protection and
Explosives and Hazardous Materials”, and Title 3, Division 3, Chapter 8, entitled “Waste
Management” of the San Bernardino County Code.
4. Duties to Inform.
A. TENANT’s Duty to Inform LANDLORD. If TENANT
knows, or has reasonable cause to believe, that a Hazardous Substance has come to
be located in, on, under or about the Property, other than as previously consented to by
LANDLORD, TENANT shall immediately give LANDLORD notice thereof, together with
a copy of any statement, report, notice, registration, application, permit, business plan,
license, claim, action, or proceeding given to, or received from, any governmental
authority or private party concerning the presence, spill, release, discharge of, or
exposure to, such Hazardous Substance including, but not limited to, all such
documents as may be involved in any Reportable Use involving the Property to be
followed up in writing within two (2) days. TENANT will provide to LANDLORD, prior to
the termination of this Lease, a soil test and a fuel tank test that will indicate if any
leakage has occurred from any tank located on or under the Property and used by
TENANT. If any leakage is found, TENANT shall repai r the tanks and remove any
contaminated soil at TENANT’s sole cost and expense.
B. COUNTY’s Duty to Inform TENANT and CITY. If
COUNTY knows, or has reasonable cause to believe, that a Hazardous Substance has
come to be located in, on, under or about the Property, other than as previously
consented to by TENANT or CITY, respectively, shall immediately give CITY and
TENANT notice thereof, together with a copy of any statement, report, notice,
registration, application, permit, business plan, license, claim , action, or proceeding
given to, or received from, any governmental authority or private party concerning the
presence, spill, release, discharge of, or exposure to, such Hazardous Substance
including, but not limited to, all such documents as may be invo lved in any Reportable
Use involving the Property.
5. Indemnification. TENANT shall indemnify, protect, defend
(with counsel reasonably approved by LANDLORD) and hold CITY and COUNTY, their
officers, agents, employees, and volunteers and the Property, harmless from and
against any and all damages, liabilities, judgments, costs, claims, liens, expenses,
penalties and loss of permits (including CITY and COUNTY’s attorneys' and
consultants' fees) arising out of or involving any Hazardous Substance generated,
possessed, stored, used, transported, or disposed in, on, upon, or at the Property by or
for TENANT or by anyone under TENANT’s control. TENANT’s obligations under this
paragraph shall include, but not be limited to, the effects of any contamination or injury
to person, property or the environment created or suffered by TENANT, and the cost of
investigation (including consultants' and attorneys' fees and testing), removal,
remediation, restoration and/or abatement thereof, or of any contamination therein
involved, and shall survive the expiration or earlier termination of this Lease. No
termination, cancellation or release agreement entered into by LANDLORD and
TENANT shall release TENANT from its obligations under this Lease with respect to
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Packet Pg. 649 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Hazardous Substances, unless specifically so agreed by LANDLORD in writing at the
time of such agreement.
6. Right to Perform Tests. At any time prior to the expiration
of the Term, upon no less than ten (10) days prior written notice, LANDLORD shall have
the right to enter upon the Property in order to conduct tests of air, water, and soil.
7. Soil Removal by TENANT. LANDORD and TENANT agree
that TENANT shall remove any soil that is determined to have concentrations of lead
contamination in excess of 80 mg/kg (the “Remediation Standard”) as part of TENANT
or GUARANTOR’s performance of its obligations under Section 4.A of this Agreement.
Upon completion, TENANT shall provide documentation from a third-party consultant
demonstrating compliance with the Remediation Standard to the reasonable satisfaction
of LANDLORD.
B. Charter Authorization. Before commencing its operation of the
Charter School Improvements and during the entire Term of this Lease, TENANT shall
acquire, provide and maintain a Charter with the San Bernardino County Board of
Education, or such other authorizer as permitted under California law, which shall
include renewal or appeal determinations by the State Board of Education, if any.
Failure to comply with this provision will constitute grounds for Default under Section 18,
DEFAULT and subject to Section 19, DISPUTE RESOLUTION.
C. Rules and Regulations. TENANT agrees to abide by, keep and
observe the conditions imposed by the San Bernardino County Superintendent of
Schools, if any, regarding the management, safety, care, cleanliness of the grounds,
parking areas, and the preservation of good order, as well as conditions necessary for
the convenience of other tenants, occupants, or visitors to the Charter School
Improvements and the Property.
D. Auctions. Except for an auction that is conducted for charity
purposes and which does not involve the sale of any school equipment or trad e fixtures,
TENANT shall not conduct, nor permit to be conducted, either voluntarily or involuntary,
any auction on the Property without LANDLORD’s prior written consent.
Notwithstanding Section 22, LANDLORD shall not be obligated to exercise any
standard of reasonableness in determining whether to consent to any such auction.
17. CONDEMNATION. If the Property or any part thereof are taken under the
power of eminent domain, this Lease shall terminate as to the part so taken as of the
date the condemning authority takes possession thereof. If more than twenty percent
(20%) of the floor area of the Charter School Improvements or more than fifty percent
(50%) of the surface area on the Property but not occupied by any building, is taken by
condemnation, TENANT may, at TENANT's option, terminate this Lease. If TENANT
elects to exercise its option to terminate this Lease pursuant to this paragraph, TENANT
shall give written notice of termination to LANDLORD within thirty (30) days after the
condemning authority takes such possession and this Lease shall terminate sixty (60)
days thereafter. If TENANT does not exercise TENANT’s right to te rminate this Lease,
15.b
Packet Pg. 650 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
then this Lease shall remain in full force and effect. Any compensation awarded as
damages for the taking of the Property, together with any severance damage, shall be
the joint property of the CITY and LANDLORD, except that any compensation awarded
for TENANT's Charter School Improvements, trade fixtures, equipment and moving
costs shall be paid to TENANT.
18. DEFAULT.
A. Definitions. A “Default” shall refer to any failure by TENANT to
observe, comply with or perform any of the terms, covenants, conditions or rules
applicable to TENANT under this Lease. The term “Breach” shall refer to the
occurrence of any one or more of the following Defaults, and, where a grace period for
cure after notice is specified herein, the failure of TENANT to cure such Default prior to
the expiration of the applicable grace period:
1. TENANT’s failure to comply with Section 4.A of the Lease or
any default of GUARANTOR under the Improvement Agreement.
2. Other than regular (e.g., summer) break periods, vacating
the Property without the evident intention to reoccupy same, an abandonment of the
Property, notice of intent to abandon Property expressed in written notice, failing to
continuously and uninterruptedly operate the Charter School Improvements for the Use,
or TENANT’s failure to secure and continuously maintain a charter for the Charter
School Improvements in accordance with Section 16.B of this Lease.
3. TENANT’s failure to make any monetary payment of Monthly
Rent or any other monetary payment required to be made by TENANT hereunder as
and when due where such failure continues for a period of three (3) days or more after it
is due, the failure of TENANT to provide LANDLORD with reasonable evidence of
insurance or surety bond required under this Lease where such failure continues for a
period of ten (10) days or more, or TENANT’s failure to fulfill any obligation under this
Lease which poses an immediate threat to life or property, where such failure co ntinues
for a period of ten (10) days or more after notice to TENANT, provided, however, that if
the nature of the foregoing default is such that additional time is reasonably required to
cure such default, except as to the monetary payment of Monthly Rent, an extension of
the applicable cure periods in this Section 18.A.3 may be requested by TENANT in
writing prior to the expiration of the stated cure period ; in which case, LANDLORD may,
in its sole and absolute discretion, extend the applicable cure period for a reasonable
time as agreed in writing by LANDLORD. In the event LANDLORD serves TENANT with
a Notice to Pay Rent or Quit pursuant to the California Unlawful Detainer statutes, such
Notice to Pay Rent or Quit shall also constitute the notice required by this subsection.
4. The failure by TENANT to provide LANDLORD with
reasonable written evidence (in duly executed original form, if applicable) (in compliance
with such minimum standards as may be promulgated by LANDLORD) of (a)
compliance with Applicable Requirements per Paragraph A of Section 16 concerning
Hazardous Substances, (b) the rescission of an unauthorized assignment or subletting,
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Packet Pg. 651 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
(c) an executed guaranty substantially in the form of Exhibit “E” attached hereto and
incorporated herein by reference for the performance of TENANT’S obligations under
this Lease, if required by the Reference Pages, or (iv) any other documentation or
information which LANDLORD may reasonably require under the terms of this Lease,
where each of the foregoing failures continues for a period of twenty (20) days or more
following written notice by LANDLORD.
5. A Default by TENANT as to any other terms, covenants,
conditions or provisions of this Lease, or of the rules applicable to the Charter School
Improvements that are to be observed, complied with or performed by TENANT ,
including but not limited to, the Conditional Use Permit, other than those described in
the preceding subparagraphs (1) through (4) inclusive of Paragraph A of this Section
18, where such Default continues for a period of thirty (30) days or more after written
notice thereof by LANDLORD to TENANT; provided, however, that if the nature of
TENANT’s Default is such that more than thirty (30) days are reasonably required for its
cure, then TENANT shall not be deemed to be a Breach of this Lease if TENANT
provides written notice along with documentation of the need for an extended cure
period to LANDLORD and, if verified by LANDLORD, commences such cure within said
thirty (30) day period and thereafter continuously and diligently prosecutes such cure to
completion.
6. A Default by TENANT as to the terms of any Approved
Encumbrance, where such Default continues for a period of thirty (30) days or more
after written notice thereof by LANDLORD;
7. The occurrence of any of the following events: (a) the
making by TENANT of an assignment for the benefit of creditors; (b) TENANT’s
becoming a “debtor” as defined in 11 U.S. Code Section 101 or any successor statute
thereto (unless, in the case of a petition filed against TENANT, the same is dismissed
within sixty (60) days); (c) the appointment of a trustee or receiver to take possession of
substantially all of TENANT’s assets located at the Property or of TENANT’s leasehold
interest in this Lease, where possession is not restored to TENANT within thirty (30)
days; or (d) the attachment, execution, or other judicial seizure of substantially all of
TENANT’S assets located at the Property or of TENANT’s leasehold interest in this
Lease, where such seizure is not discharged within thirty (30) days.
8. If the performance of TENANT’s obligations under this Lease
is guaranteed: The discovery by LANDLORD that any financial statement of TENANT
or of any Guarantor, given to LANDLORD by TENANT or GUARANTOR, was materially
false when made.
9. If the performance of TENANT’s obligations under this Lease
is guaranteed: (a) the death of a Guarantor, if a person, or the dissolution or cessation
of business of a Guarantor, if an entity, (b) the termination of a Guarantor’s liability with
respect to this Lease other than in accordance with the terms of such guaranty, (c) a
Guarantor’s becoming insolvent or the subject of a bankruptcy filing, or (d) a
Guarantor’s failure or refusal to execute and/or honor the guaranty, and TENANT’S
15.b
Packet Pg. 652 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
failure, within sixty (60) days following written notice by LANDLORD to TENANT of any
such event, to provide LANDLORD with written alternative assurances of security,
which, when coupled with the then existing resources of TENANT, equals or exceeds
the combined financial resources of TENANT and the Guarantors that existed at the
time of execution of this Lease.
B. Remedies.
1. Other than as provided in Paragraph A of this Section 18, if
TENANT fails to perform any affirmative duty or obligation of TENANT under this Lease
within ten (10) days after written notice to TENANT (or in case of an emergency which
endangers life or property, without notice), LANDLORD may at its option (but without
obligation to do so), perform such duty or obligation on TENANT’s behalf, including, but
not limited to, the obtaining of reasonably required insurance policies or governmental
licenses, permits, or approvals. The costs and expenses of any such performance by
LANDLORD shall be due and payable by TENANT to LANDLORD within ten (10) days
of LANDLORD’s demand.
2. In the event of a Breach of the Lease by TENANT (as
defined Paragraph A of Section 18), with or without further notice or demand, and
without limiting LANDLORD in the exercise of any right or remedy which LANDLORD
may have by reason of such Breach, LANDLORD may:
a. Terminate TENANT’s right to possession of the
Property by any lawful means, in which case this Lease and the term hereof shall
terminate and TENANT shall immediately surrender possession of the Property to
LANDLORD. In such event LANDLORD shall be entitled to recover from TENANT: (i)
the worth at the time of the award of the unpaid rent which had been earned at the time
of termination; (ii) the worth at the time of award of the amount by which the unpaid rent
which would have been earned after termination until the time of award exceeds the
amount of such rental loss that the TENANT proves could have been reasonably
avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for
the balance of the Term after the time of award exceeds the amount of such rental loss
that the TENANT proves could be reasonably avoided; and (iv) any other amount
necessary to compensate LANDLORD for all the detriment proximately caused by the
TENANT’s failure to perform its obligations under this Lease or which in the ordinary
course of things would be likely to result therefrom, including, but not limited to, the cost
of recovering possession of the Property, expenses of reletting, including necessary
renovation and alteration of the Property, reasonable attorneys’ fees, and that portion of
any leasing commission paid by LANDLORD in connection with this Lease and
applicable to the unexpired term of this Lease. The worth at the time of award of the
amount referred to in provision (iii) of the immediately preceding sentence shall be
computed by discounting such amount at the discount rate of the Federal Reserve Bank
of San Francisco or the Federal Reserve Bank District in which the Property is located
at the time of award plus one percent (1%). LANDLORD’s attempt to mitigate damages
caused by TENANT’s Default or Breach of this Lease shall not waive LANDLORD’s
right to recover damages under this Section 18. If termination of this Lease is obtained
15.b
Packet Pg. 653 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
through the provisional remedy of unlawful detainer, LANDLORD shall have the right to
recover in such proceeding the unpaid rent and damages as are recoverable therein, or
LANDLORD may reserve the right to recover all or any part thereof in a separate suit for
such rent and/or damages.
b. Continue the Lease and TENANT’S right to
possession in effect under California Civil Code Section 1951.4 after TENANT’S Breach
and recover the rent as it becomes due, provided TENANT has the right to sublet or
assign, subject only to reasonable limitations. LANDLORD and TENANT agree that the
limitations on assignment and subletting in this Lease are reasonable. LANDLORD
maintenance of the Property or efforts to relet the Property, or the appointment of a
receiver to protect the LANDLORD interest under this Lease, shall not constitute a
termination of the TENANT’S right to possession.
c. Pursue any other remedy now or hereafter available
to LANDLORD under the laws or judicial decisions of the State of California.
3. Except for TENANT’s failure to pay monetary Monthly Rent
during the Extended Term, TENANT’s failure to comply with Section 4.A of the Lease,
or GUARANTOR’s failure to construct and complete the Preschool Improvements in
accordance with the Improvement Agreement, for which LANDLORD shall immediately
have the remedies available in this Lease or the Improvement Agreement, respectively,
without first going through the dispute resolution procedures set forth below, compliance
with the Dispute Resolution procedures specified in Section 19 shall be a precondition
to the availability of the Remedies of LANDLORD (for TENANT’s Breach) specified in
the foregoing subparagraph 2 of Paragraph B of this Section 18. For avoidance of
doubt, LANDLORD may deliver notices of Default and/or Breach during the pendency of
the dispute resolution procedures.
C. Survival of Indemnity Provisions. The expiration or termination
of this Lease and/or the termination of TENANT’s right to possession shall not relieve
TENANT from liability under any indemnity provisions of this Lease as to matters
occurring or accruing during the Term or by reason of TENANT’s use of the Property.
D. Tenant’s Personal Property. TENANT covenants and agrees that
immediately upon termination of this Lease, TENANT shall remove and properl y
dispose of all of TENANT’s personal property, machinery or fixtures from the Property.
If TENANT fails to remove any such personal property, LANDLORD may remove such
personal property and place the same in storage at the expense of TENANT and
without liability to LANDLORD for losses. TENANT agrees to pay LANDLORD for all
expenses incurred by LANDLORD in connection with the removal, and storage charges
of TENANT’s personal property, including attorney’s fees and court costs. Alternatively,
LANDLORD may at its option and on not less than ten (10) days written notice to
TENANT sell all or any part of said personal property at public or private sale for such
prices as LANDLORD may obtain. LANDLORD shall apply the proceeds of any such
sale to the amounts due from TENANT under this Lease and to any expense incidental
to such sale. Any surplus arising from such sale shall be refunded to TENANT.
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Packet Pg. 654 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
E. No Waiver by Landlord. Receipt of any rent or of any other
amounts of money paid by TENANT after the termination a nd forfeiture of this Lease, or
after the giving by LANDLORD of any notice to effect such termination, shall not waive
the Default, reinstate, continue or extend the Term of this Lease, or destroy or impair
the efficacy of LANDLORD notice of termination, unless otherwise agreed in writing by
LANDLORD.
19. DISPUTE RESOLUTION.
A. Negotiations Between Designated Representatives. If required
by Section 18.B.3 of this Lease, LANDLORD and TENANT agree to promptly negotiate
in good faith to resolve any applicable outstanding default arising out of this Lease (a
“Dispute”).In the event of a Dispute, the Parties shall continue to perform their
respective obligations in good faith and shall not suspend performance during the
Dispute resolution procedure. The Party raising the Dispute shall give written notice to
each of the other Parties of such Dispute, provided that any notices of Default or Breach
delivered by LANDLORD in accordance with this Lease shall constitute the notice of
Dispute required herein. In the event of a Dispute, within five (5) business days after the
other Party’s receipt of written notice, the Parties agree to meet through their
Designated Representatives in good faith in an attempt to resolve the Dispute through
informal negotiations. The Designated Representatives shall record the date of the
Parties’ first in-person meeting. The Designated Representatives for the Parties are as
follows: the COUNTY’s Director of the Real Estate Services Department (or authorized
designee) for COUNTY, the CITY’s City Manager (or authorized designee) for CITY,
and TENANT’s Charter School Executive Director/CEO (or authorized designee) for
TENANT. If the Parties are unable to resolve the Dispute within thirty (30) business
days from the date of said first in-person meeting, the Parties shall proceed to the
dispute resolution method in Section 19.B. Any Dispute resolutions that would amend
the Lease shall be set forth in writing and shall be approved by the governing bodies of
the Parties.
B. Mediation. The Parties agree in the event any Dispute is not
resolved after commencement of good faith negotiations under Paragraph A of this
Section, the Dispute shall be submitted to a formal mediation process prior to
commencing an action or the LANDLORD exercising its remedies under this
Agreement. The mediation shall be convened within forty-five (45) business days of the
first meeting of the Designated Representatives and shall conclude within sixty (60)
business days of the first meeting of said Designated Representatives. The costs of
the mediation shall be shared equally by the Parties. The Parties agree to mediation
using then current mediation procedures of JAMS or its successor.
C. Litigation. Any Dispute which remains unresolved after
participation in the foregoing Dispute resolution procedures may thereafter be
submitted to litigation in the main branch of the San Bernardino County Superior Court
and shall permit LANDLORD to exercise its remedies under the Lease or at law or in
equity (without any further notice requirements).
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Packet Pg. 655 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
20. TIME OF ESSENCE. Except as otherwise specifically provided in the
Lease, time is of the essence for each provision of this Lease which specifies a time
within which performance is to occur. In the absence of any specified time for
performance, performance may be made within a reasonable time.
21. PROVISIONS ARE COVENANTS AND CONDITIONS. All provisions,
whether covenants or conditions on the part of either party shall be deemed to be both
covenants and conditions.
22. CONSENT. Except as otherwise specifically provided in the Lease,
whenever consent or approval of either party is required, that party shall not
unreasonably withhold such consent or approval.
23. EXHIBITS. All exhibits referred to in this Lease or attached to this Lease
are incorporated herein by reference.
24. LAW. This Lease shall be construed and interpreted in accordance with
the laws of the State of California.
25. ATTORNEYS' FEES AND COSTS. If any legal action is instituted to
enforce or declare any party's rights hereunder, each party, including the prevailing
party, must bear its own costs and attorneys' fees. This paragraph shall not apply to
those costs and attorneys' fees directly arising from any third party legal action against
the CITY or COUNTY, including such costs and attorneys’ fees payable under Section
8, INDEMNIFICATION, Sections 11.E and 11.F, CHARTER SCHOOL
IMPROVEMENTS, Section 16.A.5, HAZARDOUS SUBSTANCES, and Section 34,
PUBLIC RECORDS DISCLOSURE.
26. VENUE. The parties acknowledge and agree that this Lease was entered
into and intended to be performed in San Bernardino County, California. The parties
agree that the venue for any action or claim brought by any party to this Lease will be
the main (downtown) branch of the Superior Court of California, County of San
Bernardino. Each party hereby waives any law, statute (including but not limited to
California Code of Civil Procedure Section 394) or rule of court that woul d allow it to
request or demand a change of venue. If any action or claim concerning this Lease is
brought by any third party, the parties hereto agree to use their best efforts to obtain a
change of venue to the main (downtown) branch of the Superior Cou rt of California,
County of San Bernardino.
27. COMPLIANCE WITH LAW. TENANT and its officers, employees, agents,
contractor, agents, invitees, and assigns shall be bound by and comply with all
applicable federal, state and local laws, statutes, ordinances, administrative orders,
rules or regulations relating to its duties, obligations, rights and performance under the
terms of this Lease.
28. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE. The
paragraph captions, table of contents and the cover page of this L ease are for the
convenience of the Parties and shall have no effect on its interpretation.
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Packet Pg. 656 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
29. NOTICES. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party,
including but not limited to, notices required under the California unlawful detainer
statutes, or any other person, shall be in writing and either served personally, sent by
United States mail, postage prepaid, first-class mail, certified or registered, return
receipt requested, or by overnight courier to the other party at the address listed in the
Reference Pages. Either party may change its address by notifying the other party of
the change of address. Notices shall be deemed delivered and effec tive upon the
earlier of (i) actual receipt if personally delivered on a business day; otherwise on the
next business day, or (ii) the date of delivery or refusal of the addressee to accept
delivery if delivered on a business day, otherwise on the next bus iness day, if such
notice is sent by or United States mail, postage prepaid, certified or registered, return
receipt requested, or overnight courier.
30. RECORDATION OF LEASE. Any Party may record a short form
memorandum of this Lease at its own cost. Upon termination or expiration of this Lease,
TENANT shall, within ten (10) days of such termination or expiration, execute and
record a quitclaim deed (or any other document required by LANDLORD) as to its
leasehold interest.
31. SEVERANCE. If any provision of this Lease is determined to be void by
any court of competent jurisdiction, then such determination shall not affect any other
provision of this Lease and all such other provisions shall remain in full force and effect.
It is the intention of the parties hereto that if any provision of this Lease is capable of
two constructions, one of which would render the provision void and the other of which
would render the provision valid, then the provision shall have the meaning which
renders it valid.
32. SURVIVAL. The obligations of the parties, which by their nature continue
beyond the term of this Lease, will survive the termination of this Lease.
33. REPRESENTATIONS AND AUTHORITY. If TENANT is a corporation,
each of the persons executing this Lease on behalf of TENANT represents or warrants
that TENANT has been and is qualified to do business in the State of California, that the
corporation has full right and authority to enter into this Lease, and that all persons
signing on behalf of the corporation were authorized to do so by the appropriate
corporate actions. If TENANT is a partnership, limited liability company, trust or other
legal entity, each of the persons executing this Lease on behalf of TENANT represents
or warrants that TENANT has complied with all applicable laws, rules and governmental
regulations relative to its right to do business in the State of California and that all
persons signing on behalf of such entity were authorized to do so by any and all
appropriate actions. TENANT agrees to furnish upon LANDLORD’s request a corporate
resolution, or other appropriate documentation evidencing the authorization of TENANT
to enter into this Lease.
34. PUBLIC RECORDS DISCLOSURE. All information received by the
LANDLORD from TENANT or from any source concerning this Lease, including the
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Lease itself, may be treated by the LANDLORD as public information subject to
disclosure under the provisions of the California Public Records Act, Government Code
Sections 6250 et seq. (the “Public Records Act”). TENANT acknowledges and
understands that although all materials received by the LANDLORD in connection with
this Lease are intended for the exclusive use of the LANDLORD, they are potentially
subject to disclosure under the provisions of the Public Records Act. In the event a
request for disclosure of any part or all of any information which TENANT has
reasonably requested LANDLORD to hold in confidence is made to the LANDLORD,
LANDLORD shall endeavor to notify the TENANT of the request and shall thereafter
disclose the requested information unless the TENANT, within five (5) days of receiving
notice of the disclosure request, requests nondisclosure, provides LANDLORD a legally
sound basis for the nondisclosure, and agrees to indemnify, defend (with counsel
reasonably approved by LANDLORD), and hold the CITY or COUNTY harmless in
any/all actions brought to require disclosure. TENANT waives any and all claims for
damages, lost profits, or other injuries of any and all kinds in the event LANDLORD fails
to notify TENANT of any such disclosure request and/or releases any information
concerning the contract received from the TENANT or any other source.
35. INTERPRETATIONS. As this Lease was jointly prepared by the Parties,
the language in all parts of this Lease shall be construed, in all cases, according to its
fair meaning, and not for or against either party hereto.
36. ENTIRE AGREEMENT. This agreement, including recitals, constitutes a
single, integrated contract, expressing the entire agreement and understanding of the
parties concerning the subject matter of this agreement, and this agreement supersedes
and replaces all prior understandings, negotiations, proposed agreements and
agreements, whether oral or written, express or implied.
37. AMENDMENT. No waiver, modification or amendment of any term
condition or provision of this Lease shall be valid or shall have any force or effect unless
made in writing and signed by all of the parties hereto.
38. NO RELIANCE. LANDLORD makes no warranties or representations of
any kind concerning the condition of the Property or the fitness of the Property for the
use intended by TENANT, and hereby disclaim any knowledge with respect thereto, it
being expressly understood by the parties that TENANT has inspected the Property,
knows its condition, finds it fit for TENANT’s intended use, accepts the Property AS -IS,
and has ascertained that it can be used for the limited purposes specified in the Use
section on the Reference Pages. In entering in to this agreement, each of the parties
acknowledges, represents and warrants that it has not relied upon any promise,
statement or representation, express or implied, of any other party or such other party’s
agents, employees, or attorneys, not contained i n this agreement.
39. FORMER COUNTY OFFICIALS. TENANT agrees to provide information
on former COUNTY administrative officials (as defined below) who are presently
employed by or currently represent TENANT. The information provided includes a list
of former COUNTY administrative officials who terminated COUNTY employment within
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the last five years and who are now officers, principals, partners, associates or
members of TENANT. The information also includes the employment with and/or
representative capacity and the date those individuals began employment with or
representation of TENANT. The information does not include COUNTY administrative
officials who served in a volunteer capacity with, represented, or were employed by
TENANT prior to January 1, 2019. For purposes of this provision, “COUNTY
administrative official” is defined as a member of the Board of Supervisors or such
officer’s staff, COUNTY Administrative Officer or member of such officer’s staff,
COUNTY department or group head, assistant department or group head, or any
employee in the Exempt Group, Management Unit or Safety Management Unit. (See
Exhibit “D”, List of Former County Officials.)
40. MATERIAL MISREPRESENTATION. If during the course of the
administration of this Lease, the LANDLORD determines that the TENANT has made a
material misstatement or misrepresentation or that materially inaccurate information has
been provided to the LANDLORD, this Lease may be immediately terminated by
LANDLORD. If this Lease is terminated according to this provision, the LANDLORD is
entitled to pursue any available remedies at law or in equity.
41. BROKER’S COMMISSIONS: Each Party represents and warrants to the
other that no real estate broker, agent, commissioned salesperson or other person has
represented said Party in the negotiations of this Lease. Each party agrees to indemnify
and hold the other harmless from and against any claim, loss, liability or expense,
including reasonable attorneys’ fees, incurred by the other party as a result of a breach
of its respective representations herein.
42. EASEMENTS. LANDLORD reserves the right, from time to time, to grant
such easements, rights and dedications on the Property that LANDLORD, in its sole
discretion, deems necessary or desirable, and to cause the recordation of parcel maps
and restrictions, so long as such easements, rights, dedications, maps and restrictions
do not materially interfere with the permitted use of the Property by TENANT. TENANT
shall sign any of the aforementioned documents upon request of LANDLORD and
failure to do so shall constitute a material breach of this Lease.
43. INDEPENDENT CONTRACTOR. It is agreed that TENANT shall act and
be an independent contractor and not an agent nor employee of LANDLORD.
44. NON-DISCRIMINATION. TENANT covenants it shall not discriminate
based upon race, color, creed, religion, sex, marital status, age, handicap, national
origin or ancestry in any activity pursuant to this Lease.
45. AUTHORITY. The Parties represent and warrant that the individuals
signing this Lease have the requisite authority to bind their respective organizations to
the terms and conditions of this Lease. This Lease has been adopted by noticed public
hearings of the Parties hereto and all Parties are fully authorized to enter into this
agreement.
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Packet Pg. 659 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
46. ASSIGNMENT AND SUBLETTING BY TENANT.
1. TENANT shall not voluntarily, by operation of law, or by merger,
sale, transfer, or otherwise assign this Lease in its entirety, sublease the Property in
whole or in part, or permit any third-party use of the Property in whole or in part without
the prior written consent of CITY and COUNTY. Notwithstanding anything to the
contrary in the foregoing, TENANT may assign the Lease in its entirety or sublease the
Property in whole or in part to (a) the GUARANTOR or (b) any entity which controls, is
controlled by, or is under common control with TENANT or the GUARANTOR without
CITY and COUNTY consent but with prior notice to LANDLORD (“Affiliate Transferee”),
provided that TENANT is not then in default under the Lease and any such subleases to
an Affiliate Transferee shall be substantially in the form of Exhibit “F” attached, which
shall provide that this Lease controls in the event of conflict, the premises in the
sublease does not exceed the Property, the use under the sublease is consistent with
the use in this Lease, the term of the sublease does not exceed the Term of this Lease,
and if not earlier terminated, the sublease terminates concurrently with the termination
of this Lease, TENANT remains responsible for the acts and omissions of its subtenant,
and neither TENANT nor GUARANTOR shall be released from any of its obligations
under this Lease or the Guaranty, respectively. For any such assignments to an Affiliate
Transferee, the assignment shall be on the same terms and conditions, which shall be
assumed by the Affiliate Transferee, TENANT remains responsible for the acts and
omissions of its assignee and neither TENANT nor GUAR ANTOR shall be released
from its obligations under this Lease or the Guaranty, respectively.
2. If LANDLORD consent is required for any assignment or subletting,
other than as provided in Paragraph (1) of this Section 46 , such consent shall be on
terms and conditions reasonably acceptable to LANDLORD, including but not limited to
that TENANT is not in Default at the time of consent, that TENANT shall submit an
assignment or sublease agreement in a form acceptable to the LANDLORD,
documentation regarding the financial strength of the proposed assignee or subtenant,
a current credit report of the assignee or subtenant, including credits reports for each of
its principals, and information related to the responsibility and appropriateness,
expertise, and expertise of the proposed assignee or subtenant for the Use, which shall
be equal to or greater than that of TENANT.
3. Whether LANDLORD consent is required or not, any assignment or
sublease shall not: (i) be effective without the express written assumption by such
assignee or subtenant of all of TENANT’s obligations under this Lease; (ii) release
TENANT of any of its obligations hereunder; (iii) alter the primary liability of TENANT for
the payment of the monthly rent and other amounts due COUNTY pursuant to this
Lease or for the performance of any of TENANT’s other obligations under this Lease;
nor (iv) alter, discharge or release the liability of any Guarantor on this Lease.
4. Except as provided in Paragraph 1 of Section 46, any assignment
or sublease without LANDLORD's consent shall be voidable and, at LANDLORD's
election, shall constitute a default under this Lease. LANDLORD’s consent to any
assignment or sublease shall not constitute a waiver of LANDLORD’s right to require
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Packet Pg. 660 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
consent to any subsequent assignment or sublease. COUNTY’s RESD Director and the
CITY’s City Manager shall have the authority to review assignment and subletting
requests for the COUNTY and CITY, respectively and to provide LANDLORD consent, if
such assignment or subletting is approved by both the COUNTY and the CITY.
47. LANDLORD RIGHT OF ENTRY. TENANT shall permit LANDLORD and
its authorized employees, agents, contractors, and representatives to enter the Property
and the Charter School Improvements thereon at all reasonable times upon not less
than twenty-four (24) hours prior notice (except in the event of an emergency, in which
case no prior notice is required) for the purposes of (i) serving or posting or keeping
posted thereon notices required or permitted by law, (ii) conducting periodic inspections
for compliance with the terms of the Lease , (iii) exercising LANDLORD’s rights under
this Lease, and (iv) showing the Property to brokers, potential buyers and tenants, and
lenders.
48. HOLDOVER. If TENANT continues in possession or occupancy of the
Property after the expiration or earlier termination of this Lease, and if said possession
or occupancy is with the express written consent of the LANDLORD, then TENANT
shall be deemed to be holding the Property on a month-to-month tenancy subject to all
the provisions of this Lease except the monthly rent and either Party may terminate the
Lease at any time during the holdover period by providing not less than thirty (30) days
prior written notice to the other Party. The monthly rent payable during such permitted
period of holding over after the Initial Term shall the fair market monthly rental rate then
prevailing based on the monthly rental rate of comparable leased properties in the
County of San Bernardino, as reasonable determined by LANDLORD. The monthly rent
payable during such permitted period of holding over after the Extended Term shall be
monthly rent that was payable in the last month of the Extended Term plus the annual
escalation applicable during the Extended Term.
49. GUARANTOR. If the Reference Pages provide that TENANT’s obligations
pursuant to this Lease are to be guaranteed by one or more Guarantors, then each
Guarantor shall execute the form of the guaranty attached hereto as Exhibit “E”
“Guaranty of Lease” and each such Guarantor shall have the same obligations as
TENANT under this Lease.
IN WITNESS THEREOF, the parties executed this agreement.
COUNTY: County of San Bernardino CITY: City of San Bernardino
By: __________________________ By: ____________________________
_________________, Chair Teri Ledoux, City Manager
Board of Supervisors
Dated:_________________________
Dated: _________________________
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Packet Pg. 661 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
TENANT: 230 SOUTH WATERMAN
AVENUE, LLC
Lynna Monell
Clerk of the Board of Supervisors of the
County of San Bernardino
By: ____________________________
Title: __________________________
Dated: _________________________
By: _______________________
Deputy
Dated: _______________________
APPROVED AS TO LEGAL FORM
MICHELLE D. BLAKEMORE,
County Counsel,
San Bernardino County Counsel
By: _________________________
Deputy County Counsel
Dated:
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Packet Pg. 662 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
EXHIBIT A
PROPERTY
Legal Description
[To Be Attached]
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Packet Pg. 663 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
EXHIBIT B
PROPERTY
Plat
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Packet Pg. 664 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
EXHIBIT C
FORM OF CONSENT, RECOGNITION AND ATTORNMENT AGREEMENT
This CONSENT, RECOGNITION AND ATTORNMENT AGREEMENT
("Agreement") is entered into by and among the COUNTY OF SAN BERNARDINO, and
the CITY OF SAN BERNARDINO, hereinafter collectively referred to as “LANDLORD”,
230 SOUTH WATERMAN AVENUE, LLC, hereinafter referred to as “TENANT”, HIGH
DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC.,
hereinafter referred to as “SUBTENANT”, and ______ hereinafter referred to as
“LENDER.”
Recitals
A. LANDLORD and TENANT entered into that certain Ground Lease
Agreement, Agreement No. _____ dated , 20__, hereinafter referred to as
“Ground Lease”, whereby LANDLORD agreed to lease to TENANT and TENANT
agreed to lease from LANDLORD certain real property legally described on Exhibit “A”
attached hereto and known as 230 S. Waterman Avenue, San Bernardino, California,
comprising approximately 15.6 acres (“Property") for use as a public charter school.
B. TENANT and SUBTENANT have entered into that Sublease dated ,
20__, hereinafter referred to as “Sublease” whereby TENANT agreed to sublease to
SUBTENANT and SUBTENANT agreed to sublease from TENANT the Property for
SUBTENANT to construct certain charter school improvements and to operate the
public charter school facility known as the Norton Science and Language Academy
under a charter granted by the San Bernardino County Board of Education.
C. TENANT has made, executed and delivered, or is about to make, execute
and deliver to LENDER a leasehold deed of trust dated substantially
contemporaneously herewith (“Leasehold Deed of Trust”), encumbering TENANT’s
leasehold interest and SUBTENANT’s subleasehold interest in the Property created by
the Lease and the Sublease, respectively, to secure financing or refinancing for the
construction of certain charter school improvements at the Property and certain
preschool improvements for the County of San Bernardino on a separate parcel of
LANDLORD-owned real property known as 205 Allen Street, San Bernardino,
California, comprising approximately 2.23 acres (the “Head Start Parcel”).
D. TENANT represents that it is a condition precedent of the loan that the
Leasehold Deed of Trust shall be and remain at all times until said loan is repaid a lien
upon SUBTENANT’s subleasehold interest and TENANT’s leasehold interest in the
Property created by the Sublease and the Lease, respectively.
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Packet Pg. 665 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Covenants
In consideration of the recitals set forth above, which are incorporated herein, and
the covenants and agreements contained herein, the parties agree as follows:
1. Subject to the terms of this Agreement, LANDLORD hereby consents to
TENANT entering into the Leasehold Deed of Trust to encumber TENANT’s leasehold
interest and SUBTENANT’s subleasehold interest in the Property created by the Lease
and the Sublease, respectively, provided that the Leasehold Deed of Trust shall be
subordinate to LANDLORD’s fee interest in the Property. For avoidance of doubt, the
parties hereby acknowledge and agree that, notwithstanding anything to the contrary in
this Agreement, the Lease, the Sublease, or any financing documents, the Leasehold
Deed of Trust does not encumber LANDLORD’s fee interest in the Property nor does it in
any manner encumber the Head Start Parcel or any improvements thereon even if a
portion of the loan proceeds is intended to or shall be used for the construction of certain
preschool improvements on the Head Start Parcel.
2. Upon repayment of the loan described in the Leasehold Deed of Trust,
LENDER agrees to fully re-convey all of LENDER’s interest in the Property created by
the Leasehold Deed of Trust (and any rights exerted thereunder), and LENDER shall, at
its sole cost and expense, execute such documents as reasonably requested by
LANDLORD to release said Leasehold Deed of Trust.
3. In the event of any conflict between the provisions of the Lease and the
provisions of this Agreement, the Sublease, the Leasehold Deed of Trust, or any other
financing agreements, the terms of such provisions shall be construed to be as consistent
as possible, but if such reading is not possible, the provisions of the Lease shall control.
4. Any material additions or modifications to the Leasehold Deed of Trust
shall first be approved in writing by the LANDLORD. The approvals described in this
Paragraph shall not be unreasonably withheld, delayed or conditioned.
5. No amendment to the Lease that modifies any of its material economic
terms¸ Lender’s rights or the Term shall be valid without LENDER’s prior written consent.
TENANT shall be required to obtain LENDER’s prior written consent prior to the
execution of such amendment.
6. The proceeds of the loan to TENANT shall be used solely for payment of
expenses incident to construction of certain charter school improvements for the
operation of the Norton Science and Language Academy at the Property and certain
preschool improvements for the County of San Bernardino on the separate Head Start
Parcel and to pay the costs of the financing. Neither SUBTENANT nor TENANT shall
have the right to encumber its subleasehold interest or leasehold interest in the Property
created by the Sublease and Sublease, respectively to finance any other charter schools,
programs, or foundations operated by SUBTENANT or TENANT or any of its affiliates.
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Packet Pg. 666 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
7. Until the loan described in the Leasehold Deed of Trust is repaid in ful l,
LANDLORD shall provide LENDER with notice at the same time that it provides notice
to TENANT of any Default, and thereafter shall provide a copy of any notice provided to
TENANT to LENDER, including, without limitation, those that would result in any
surrender of the Property or termination of the Lease. LENDER shall have the same
rights, at any time during the Term, to enter the Property to (A) do any act or thing
required of TENANT hereunder, within the time TENANT is required to perform such act
or thing hereunder, whenever failure to do such act or thing would constitute a default
hereunder, provided that prior to any Default, LENDER shall provide written notice to
LANDLORD if LENDER acts on behalf of TENANT ; and/or (B) cure any Default as the
TENANT has under this Lease; and LANDLORD shall accept such performance or cure
by a LENDER as if TENANT had performed. No LENDER shall be required to cure any
default of TENANT unless such LENDER has elected to acquire the leasehold interest
in writing or via foreclosure or deed in lieu thereof. LANDLORD agrees that if TENANT
fails to cure any default under the Lease within the time provided for in the Lease, except
for defaults due to TENANT’s failure to pay monetary Monthly Rent, TENANT’s failure to
comply with Section 4.A of the Lease, or SUBTENANT’S failure to construct and
complete the Preschool Improvements on the Head Start Parcel in accordance with the
Improvement Agreement (unless expressly set forth in the Improvement Agreement) for
which no additional time shall be granted to LENDER (collectively, “Excluded Defaults”),
LENDER shall have an additional ten (10) business days after LENDER’s receipt of
written notice of Default within which to cure such default that are not Excluded Defaults
(“Eligible Default”), provided if such Eligible Default is of a nature that it cannot reasonably
be cured within ten (10) business days then so long as LENDER commences cure within
said ten (10) business days and thereafter diligently prosecutes such cure of an Eligible
Default to completion, (A) LENDER shall have a reasonable period to cure such Eligible
Default, not to exceed 30 days from LENDER’s receipt of the written notice of Eligible
Default, (B) if possession of the Property is required to prosecute and complete a cure of
an Eligible Default (other than an Eligible Default described in Section 18.A.2 of the
Ground Lease), LENDER shall have a reasonable period to cure such Eligible Default,
not to exceed such time as reasonably necessary to obtain possession of the Property
plus 60 days or (C) LENDER shall have a reasonable period to cure any Eligible Default
described in Section 18.A.2 of the Ground Lease not to exceed such time as reasonably
necessary to obtain possession of the Property plus 365 days.
8. Upon default by TENANT under any of the terms of the Leasehold Deed
of Trust, LENDER may exercise any rights provided in the Leasehold Deed of Trust,
provided that before any sale of TENANT’s leasehold interest in the Property, whether
under power of sale or foreclosure, LENDER shall give to LANDLORD written notice of
the same character and duration as is required to be given to TENANT by the terms of
the Leasehold Deed of Trust or the laws of the State of California.
9. If any default under the Leasehold Deed of Trust shall continue after the
giving of LENDER’s notice to LANDLORD pursuant to Paragraph 8 of this Agreement,
LANDLORD, prior to sale of the leasehold interest in the Property, shall have the right to
correct such default at TENANT’s cost, which costs shall be reimbursed by TENANT
upon demand and/or exercise LANDLORD’s remedies under the Lease.
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Packet Pg. 667 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
10. If a sale or foreclosure under the Leasehold Deed of Trust occurs or if the
LENDER or its permitted assignee (as defined below) acquires the TENANT’s leasehold
interest by assignment in lieu of foreclosure, this Lease shall continue in full force on the
same terms and conditions and LENDER or said permitted assignee, as successor in
interest to TENANT will be bound by all the terms of this Lease and will assume all the
rights and obligations of TENANT under the Lease and LANDLORD shall recognize
LENDER or said permitted assignee as TENANT under the Lease with all rights of
TENANT thereunder and LANDLORD shall, after such event and upon such condition,
have the same rights and remedies against LENDER or its permitted assignee for the
default or breach of the Lease that LANDLORD has under the Lease against TENANT if
LENDER or its permitted assignee had not succeeded to the interest of TENANT.
Neither LENDER nor its permitted assignee shall assign this Lease, sublease any
portion of the Property or appoint an agent to operate any portion of the Property
without obtaining the prior written approval of CITY and COUNTY, and if approved, a
“permitted assignee”. Such approval shall not be unreasonably withheld, conditioned or
delayed so long as the proposed assignee, subtenant or agent has demonstrated
substantial experience in the operation of facilities similar to the Charter School
Improvements. Notwithstanding the foregoing, LENDER, or such permitted assignee,
shall upon assignment of the Lease in accordance with the terms thereof, be released
of any all obligations under the Lease accruing thereafter. Nothing in this Agreement
shall be deemed to be a recognition of the Sublease as a direct agreement between
LANDLORD and SUBTENANT.
11. Any notice, demand, request, consent, approval or communication that a
Party desires or is required to give to another Party or any other person, shall be in
writing and either served personally, sent by United States mail, postage prepaid, first -
class mail, certified or registered, return receipt requested, or by overnight courier to
another Party at the address set forth below. A Party may change its address by
notifying the other Parties of the change of address. Notices shall be deemed delivered
and effective upon the earlier of (i) actual receipt if personally delivered on a business
day; otherwise on the next business day, or (ii) the date of delivery or refusal of the
addressee to accept delivery if delivered on a business day, otherwise on the next
business day, if such notice is sent by or United States mail, postage prepaid, certified
or registered, return receipt requested, or overnight courier.
COUNTY’s Notice Address:
CITY’s Notice Address:
TENANT’s Notice Address:
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Packet Pg. 668 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
SUBTENANT’s Notice Address:
LENDER Notice Address:
12. This Agreement is binding upon and inures to the benefit of the Parties
and their respective successors, assigns, heirs, executors, and administrators .
13. If any legal action is instituted to enforce or declare a party's rights
hereunder, each party, including the prevailing party, must bear its own attorneys' fees
and costs.
14. This Agreement shall be governed by and construed in accordance with
the laws of the State of California. The parties acknowledge and agree that this
Agreement was entered into and intended to be performed in the County of San
Bernardino, California. The parties agree that the venue for any action or cla im brought
by any party to this Agreement will be the Superior Court of California, County of San
Bernardino. Each party hereby waives any law, statute (including but not limited to
Code of Civil Procedure section 394), or rule of court that would allow them to request
or demand a change of venue. If any third party brings an action or claim concerning
this Agreement, the parties hereto agree to use their best efforts to obtain a change of
venue to the Superior Court of California, County of San Bernardino.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year written below.
COUNTY: County of San Bernardino CITY: City of San Bernardino
By: __________________________ By: ____________________________
_________________, Chair Teri Ledoux, City Manager
Board of Supervisors
Dated:_________________________
Dated: _________________________
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
TENANT: 230 SOUTH WATERMAN
AVENUE, LLC
Lynna Monell
Clerk of the Board of Supervisors of the
County of San Bernardino
By: ____________________________
Title: __________________________
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Packet Pg. 669 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Dated: _________________________
By: _______________________
Deputy
Dated: _______________________
APPROVED AS TO LEGAL FORM
MICHELLE D. BLAKEMORE,
County Counsel,
San Bernardino County Counsel
By: _________________________
Deputy County Counsel
Dated:
LENDER
HIGH DESERT PARTNERSHIP IN
ACADEMIC EXCELLENCE
FOUNDATION, INC.
By: _________________________ By: _________________________
(Authorized signature- sign in blue ink) (Authorized signature- sign in
blue ink)
Name: ____________________
Title: _____________________ Name: ____________________
Dated: ____________________ Title: _____________________
Dated: ____________________
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Packet Pg. 670 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
EXHIBIT D
LIST OF FORMER COUNTY OFFICIALS
INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the
title/description of the Official’s last position with the COUNTY, the date the Official
terminated COUNTY employment, the Official’s current employment and/or
representative capacity with the TENANT, the date the Official entered TENANT’s
employment and/or representation.
OFFICIAL’S NAME: REQUIRED INFORMATION
TENANT certifies that the foregoing information is true and accurate.
TENANT:
By:
Title:
Date:
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Packet Pg. 671 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
EXHIBIT E
FORM OF GUARANTY OF LEASE
This Guaranty of Lease (“Guaranty”) dated as of [date] is executed by High
Desert Partnership in Academic Excellence Foundation, Inc., a California nonprofit
public benefit corporation (“Guarantor”) in favor of the City of San Bernardino (“City”)
and the County of San Bernardino (“County”). The City, County, and Guarantor are the
“Parties” to this Guaranty.
Recitals
A. City and County, collectively as landlord (“Landlord”), and 230 South
Waterman Avenue, LLC, a California limited liability company, as tenant (“Tenant”) have
entered into a Ground Lease Agreement dated as of [date-identify as Lease
referenced date or execution date] (“Lease”), whereby Landlord agreed to lease to
Tenant and Tenant agreed to lease certain real property known as 230 S. Waterman
Avenue, San Bernardino, California, comprising approximately 15.66 acres (“Property")
for use as a public charter school.
B. Guarantor operates two public charter schools, the Norton Science and
Language Academy (“NSLA”), which the Guarantor intends to operate on the Property,
and the Academy for Academic Excellence (“AAE”), which operates in Apple Valley,
California. Guarantor also operates the Goldstone Apple Valley Radio Telescope
(“GAVRT”) Radio Astronomy Program, the Apple Valley Center for Innovation (“AVCI”),
and the Lewis Center Foundation (the “Foundation”).
C. As a condition to entering into the Lease, Landlord has required that
Guarantor execute and deliver to Landlord this Guaranty.
D. In addition to this Guaranty, as TENANT’s consideration for the Lease,
Guarantor has entered into that certain Improvement and Maintenance Agreement with
County on even date with the Lease wherein Guarantor shall perform certain obligations
as set forth in said agreement.
In consideration of Landlord entering into the Lease of the Property to Tenant,
Guarantor covenants and agrees as follows:
Section 1. Guaranty.
Guarantor absolutely and unconditionally guarantees to Landlord the full, faithful,
and timely performance by Tenant of the Lease, or any extensions, renewals, or
modifications of the Lease; provided, however, that Guarantor’s obligations hereunder
and under the Improvement Agreement are limited to Guarantor’s revenues , income,
receipts, proceeds, and money attributable to the operation of, and the assets related
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Packet Pg. 672 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
to, the NSLA (the “NSLA Property”) and explicitly excludes any revenue, income,
receipts and money attributable to the operations of, and assets related to, AAE,
GAVRT, AVCI or the Foundation (the “Excluded Property”). The Parties acknowledge
and agree that timely and complete performance of the Improvement Agreement by
Guarantor is deemed a material covenant of Tenant under the Lease. If Tenant shall
default at any time in the performance of any covenant or obligation under the Lease,
then Guarantor, at Guarantor’s expense, shall on demand by Landlord fully and
promptly perform all covenants and obligations to be performed by Tenant pursuant to
the Lease, but such performance shall be limited to the NSLA Property, and Guarantor
shall not be obligated to use any Excluded Property in its performance of its obligations
under the Improvement Agreement or the Guaranty. In addition, and not withstanding
any contrary language in the Lease, Guarantor shall on demand by Landlord pay to
Landlord all amounts due to Landlord, including, without limitation, all interest on past
due obligations of Tenant, costs advanced by Landlord, damages, and all expenses
(including, without limitation, court costs and reasonable attorney fees) that may arise in
consequence of Tenant’s default, but solely from the NSLA Property.
Section 2. Waivers.
Guarantor authorizes Landlord, without notice or demand and without affecting
Guarantor’s liability under this Guaranty, to:
(a) consent to any extensions, accelerations, or other changes in the time for
any payment provided for in the Lease, or consent to any other alteratio n of any
covenant, term, or condition of the Lease in any respect, and to consent to any
assignment, subletting, or reassignment of the Lease;
(b) take and hold security for the performance of any covenant, term, or
condition of the Lease, or exchange, waive, or release any security, but only from the
NSLA Property; and
(c) apply this security and direct the order or manner of its sale as
LANDLORD may determine. Notwithstanding any termination, renewal, extension or
holding over of the Lease, this Guaranty of Lease shall continue until all of the
covenants and obligations on the part of Tenant under the Lease to be performed have
been fully and completely performed by Tenant and Guarantor shall not be released of
any obligation or liability under this Gua ranty so long as there is any claim against
Tenant arising out of the Lease that has not been settled or discharged in full.
Section 3. Independent Obligations.
The obligations of Guarantor under this Guaranty are independent of, and may
exceed, the obligations of Tenant. A separate action may, at Landlord’s option, be
brought and prosecuted against Guarantor, whether or not any action is first or
subsequently brought against Tenant, or whether or not Tenant is joined in any action,
and Guarantor may be joined in any action or proceeding commenced by Landlord
against Tenant arising out of, in connection with, or based upon the Lease. Guarantor
waives any right to
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Packet Pg. 673 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
(a) require Landlord to proceed against Tenant or any other person or entity
or pursue any other remedy in Landlord’s power;
(b) complain of delay in the enforcement of Landlord’s rights under the Lease;
and
(c) require Landlord to proceed against or exhaust any security held from
Tenant or Guarantor. Guarantor waives any defense arising by reason of any disability
or other defense of Tenant or by reason of the cessation from any cause of the liability
of Tenant. Guarantor waives all demands upon and notices to Tenant and to
Guarantor, including, without limitation, demands for performance, notices of
nonperformance, notices of non-payment, and notices of acceptance of this Guaranty of
Lease.
Section 4. Definition of Tenant; Limitations.
For purposes of this Guaranty of Lease and the obligations and liabilities of
Guarantor, the term “Tenant” shall be deemed to include any and all affiliates,
concessionaires, licensees, franchisees, department operators, assignees, subtenants,
or others directly or indirectly leasing or occupying the Property leased under the Lease
or operating or conducting a business in or from the Property, as permitted by the
Lease. Notwithstanding the foregoing or anything to the contrary in this Guaranty, t he
Parties acknowledge and agree that Guarantor’s obligations under this Guarantee shall
be satisfied in their entirety by the NSLA Property. The Parties further acknowledge
and agree that no revenue of Guarantor derived from its operation of AAE, GAVRT,
AVCI, the Foundation or any operations other than NSLA shall be available to satisfy
the obligations of Guarantor hereunder or under the Improvement Agreement, and the
facilities from which Guarantor operates AAE, GAVRT, AVCI, and the Foundation and
other assets related to such operations are not pledged hereunder.
Section 5. No Reporting Duty.
Guarantor assumes full responsibility for keeping fully informed of the financial
condition of Tenant and all other circumstances affecting Tenant’s ability to perform
Tenant’s obligations under the Lease, and agrees that Landlord will have no duty to
report to Guarantor any information that Landlord receives about Tenant’s financial
condition or any circumstances bearing on Tenant’s ability to perform such obligations.
Section 6. Continuing Guaranty.
This Guaranty shall remain in full force notwithstanding the appointment of a
receiver to take possession of all or substantially all of the assets of Tenant, or an
assignment by Tenant for the benefit of creditors, or a ny action taken or suffered by
Tenant under an insolvency, bankruptcy, reorganization, moratorium, or other debtor
relief act or statute, whether now existing or later amended or enacted, or the
disaffirmance of the Lease in any action or otherwise.
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Packet Pg. 674 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Section 7. Joint and Several Obligations.
If this Guaranty of Lease is signed, or if the obligations of Tenant are otherwise
guaranteed, by more than one party, their obligations shall be joint and several, and the
release or limitation of liability of any one or more of the guarantors shall not release or
limit the liability of any other guarantors.
Section 8. Successors and Assigns.
This Guaranty of Lease shall be binding upon Guarantor and Guarantor’s heirs,
administrators, personal and legal representatives, successors, and assigns, and shall
inure to the benefit of Landlord and Landlord’s successors and assigns. Landlord may,
without notice, assign this Guaranty of Lease, the Lease, or the rents and other
amounts payable under the Lease, in whole or in part.
Section 9. Guaranty of Costs and Fees.
In addition to the amounts guaranteed, Guarantor agrees to pay reasonable
attorney fees and all other costs and expenses incurred by Landlord in enforcing this
Guaranty of Lease or in any action or proceeding arising out of, or relating to, this
Guaranty of Lease.
Section 10. Governing Law
This Guaranty of Lease shall be deemed to be made under and shall be
governed by California law in all respects, including matters of construction, validity, and
performance, and the terms and provisions of this Guaranty may not be waived, altered,
modified, or amended except in a writing signed by an authorized officer of Landlord
and by Guarantor.
Section 11. Severance.
If any of the provisions of this Guaranty of Lease shall contravene or be held
invalid under the laws of any jurisdiction, this Guaranty of Lease shall be construed as if
it did not contain those provisions, and the rights and obligations of the parties shall be
construed and enforced accordingly.
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Packet Pg. 675 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
Section 12. Counterparts.
This Guaranty of Lease may be executed in any number of counterparts, each of
which shall be a valid and binding original, but all of which together shall constitute one
and the same instrument.
Guarantor has executed this Guaranty as of the date first written above.
HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC.
__________________________
Lisa Lamb, Executive Director
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Packet Pg. 676 Attachment: CED.Lewis Center - Ground Lease 04092020-c1.ExhibitA (6689 : Norton Science and Language Academy Project – Ground Lease
EXHIBIT F
FORM OF SUBLEASE FOR AFFILIATE TRANSFEREES
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Declaring Intent to Conduct a Public Hearing to Order
Vacation of Portions of Artesia Street
Recommendation
Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to order th e
vacation of portions of Artesia Street located south of Rialto Avenue and the
reservations of utilities therein.
Background
Streets and Highways Code (SHC), Section 8312, Division 9, Part 3, gives a city
legislative body the power to vacate all or part of a street and sets forth the procedures
by which the power to vacate may be executed. The requested street vacation would
be conducted under the General Vacation Procedures outlined in SHC sections 8320
through 8325. First, a legislative body may initiate proceedings either on its own
initiative or upon a petition or request of an interested person or persons. The initiation
of proceedings starts with fixing the date, hour, and place of the hearing, followed by
publishing and posting of notices prior to the hearing. After the hearing, if the legislative
body finds that the street described in the notice of hearing or petition is unnecessary
for present or prospective public use, the legislative body may adopt a resolution
vacating the street. The street vacation is then recorded with the County Recorder’s
office.
A petition to vacate a portion of Artesia Street was received on October 30, 2019, from
Buddy N. Long / Long Family Trust. The portion of Artesia Street included in the
request lies south of Rialto Avenue (formerly First Street) and northerly of that portion of
Artesia Street. The petition and exhibits submitted with the petition are attached,
hereto. The stated reason for the petition to vacate this portion of the street is that, in
1963, the City vacated approximately 500 lineal feet of S. Artesia Street, at the request
of the San Bernardino County Flood Control District. Recently, it was discovered that
an additional 518 lineal feet of S. Artesia Street remained to be vacated. The applic ant
is now requesting the street vacation of the remaining portion of S. Artesia Street.
On January 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of Artesia Street.
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On January 22, 2020, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the Water Department, and residents within 500’
informing them of the proposed street vacations. None of the utility companies have
showed interest on an easement of the proposed vacated street
On March 10, 2020, the Planning Commission adopted Resolution No. 2020 -16
forwarding a recommendation of approval to the Mayor and City Council for Real
Property Street Vacation 15.30-432, and finding that the project is Categorically Exempt
under the California Environmental Quality Act.
Discussion
If the Resolution of Intention is adopted, it will set the date, time, and place for a public
hearing on May 20, 2020, at 7:00 pm at 555 West 6 th Street, San Bernardino, California
in the Council Chamber. At which time, interested parties may present evidence to the
Mayor and City Council. The Resolution of Intention also will direct staff to publish
notices of the public hearing in the newspaper as well as positing notices along the
proposed street vacation as required by the SHC sections 8322 and 8323.
After the public hearing staff will present for the Mayor and City Council’s consideration
a Resolution Ordering the Vacation of portions of Artesia Street, with reservation of
utility easements therein, which will adopt a Categorical Exemption for the street
vacation, and make a final order of vacation of portions of Artesia Street as described in
the Real Property Street Vacation 15.30-432.
The street vacation proceedings are not completed until the Resolution making the final
order vacating portions of Artesia Street has been recorded with the San Bernardino
County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section
8324, the resolution of vacation may provide that the vacation occurs only after
conditions required by the legislative body have been satisfied and may instruct the
clerk that the resolution of vacation not be recorded until the conditions have been
satisfied.
Future actions by the City will consist of:
• Publication of Notices of Vacation pursuant to SHC Sections 8322 & 8323
• Public Hearing and Resolution of Vacation pursuant to SHC Section 8324
• Recordation of the Resolution of Vacation pursuant to SHC Section 8325
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No. 2a: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
No General Fund impact. Costs incurred with this act ion will be offset by the non-
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refundable petitioner paid processing fee of $2,000, which has been paid in full.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No.2020 -65
declaring its intention to conduct a Public Hearing to consider the vacation of portion of
Artesia Street, the proposed street vacation is granted Real Property Street Vacation
15.30-432.
If the Resolution of Intention is not adopted then the petition to vacate the street will be
terminated, and no further action will be taken.
Attachments
Attachment 1 - Resolution 2020-65: Exhibit “A”&”B” - Legal and Plats
Attachment 2 - Petition
Attachment 3 - Resolution No.2020-016PC
Ward: 3
Synopsis of Previous Council Actions:
On January 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of Artesia Street.
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Resolution No. 2020-65
RESOLUTION NO. 2020-65
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF PORTIONS OF
ARTESIA STREET LOCATED SOUTH OF RIALTO
AVENUE AND THE RESERVATION OF UTILITIES
THEREIN
WHEREAS, on October 30, 2019, a petition to vacate portion of Artesia Street was
received from Buddy N. Long/ Long Family Trust; and
WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate portions of Artesia Street; and
WHEREAS, on January 10, 2017, notices were sent out to utility providers, including
the Water Department, informing them of the proposed street vacations; and
WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to
proceed with an investigation and analysis to vacate portions of Artesia Street south of Rialto
Avenue; and
WHEREAS, on January 22, 2020, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents within
500’ informing them of the proposed street vacations; and
WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No.2020-016
forwarding a recommendation of approval to the Mayor and City Council for the Portion of
Artesia Street Vacation, and finding that the project is Categorically Exempt under California
Environmental Act.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare
its intention to order the vacation of portions of Artesia Street and the reservation of utilities
therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit
“A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions
of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part
3, of the Streets and Highways Code of the State of California.
SECTION 3. The hour of 7:00 p.m., on Wednesday, May 20, 2020, at 555 West 6th
Street, San Bernardino, California, is fixed as the time and place when and where all persons
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Resolution No. 2020-65
interested in or objecting to the propose vacation areas may appear before the Mayor and City
Council of San Bernardino, California and offer evidence in relation hereto.
SECTION 4 The Deputy Director of Public Works/City Engineer of the City of San
Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by
said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5 The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set
forth for the public hearing.
SECTION 6. 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 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 Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Packet Pg. 682 Attachment: PW. Street Vacation Artesia Street public Hearing - Resolution [Revision 1] (6660 : Declaring Intent to Conduct a Public Hearing to
Resolution No. 2020-65
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
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Packet Pg. 683 Attachment: PW. Street Vacation Artesia Street public Hearing - Resolution [Revision 1] (6660 : Declaring Intent to Conduct a Public Hearing to
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Packet Pg. 684 Attachment: PW. Street Vacation Artesia Street public Hearing - Exhibit A&B to Resolution - Attachement 2 (6660 : Declaring Intent to Conduct
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Packet Pg. 686 Attachment: PW. Street Vacation Artesia Street public Hearing - Petition - Attachement 3 (6660 : Declaring Intent to Conduct a Public Hearing to Order Vacation of Portions of Artesia Street)
16.cPacket Pg. 687Attachment: PW. Street Vacation Artesia Street public Hearing - Petition - Attachement 3 (6660 : Declaring Intent to Conduct a Public Hearing to Order Vacation of Portions of Artesia Street)
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Packet Pg. 688 Attachment: PW. Street Vacation Artesia Street public Hearing - Resolution No.2020-016PC - Attachement 4 (6660 : Declaring Intent to Conduct
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Packet Pg. 689 Attachment: PW. Street Vacation Artesia Street public Hearing - Resolution No.2020-016PC - Attachement 4 (6660 : Declaring Intent to Conduct
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Packet Pg. 690 Attachment: PW. Street Vacation Artesia Street public Hearing - Resolution No.2020-016PC - Attachement 4 (6660 : Declaring Intent to Conduct
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Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Declare Intent to Conduct a Public Hearing to Order Vacation
of Portion of Home, "I", and Montgomery
Recommendation
Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a Public Hearing to or der the
vacation of portion of Home Avenue, “I” Street, Montgomery Street and the reservation
of utilities therein.
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of a street and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under the
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a
legislative body may initiate proceedings either on its o wn initiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
On August 8, 2016, a petition to vacate portions of Home Avenue, “I” Street and
Montgomery Street was received from Timothy J. Brickley (Attachment 2). The petition
includes property owner signatures representative of over 90% of the parcels abutting
the proposed street vacated vacations requesting the street be vacated by the City.
Submitted with the petition was Plan No. 13099 (Attachment 1 - Exhibits A & B).
According to the requester, the reason for the street vacation is to reduce truck traffic
through the residential neighborhood and improve circulation between properties owned
by the same entity.
On January 9, 2017, the Mayor and City Council authorized staff to proceed with an
investigation and analysis of Plan No. 13099 to vacate portions of Home Avenue, “I”
Street and Montgomery Street.
On January 10, 2017, notices were sent out to utility providers, including the Water
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Department, informing them of the proposed street vacations. Four utilities, gas,
electric, water and phone, responded that they had existing facilities in the area
proposed to be vacated and requested a reservation of easement.
On January 11, 2017, notices were sent to City Departments and San Bernardino
County Fire, informing them of the proposed street vacation.
The Department of Public Works Traffic Engineering Division responded that cul -
de-sacs would be necessary to allow non -residents of the apartment complex to
turn around. The applicant provided the attached Proposed Cul-De-Sac Exhibit
(Attachment 3). These cul-de-sacs will be required to meet City standards and
will also require the petitioners to dedicate additional right of way.
The Department of Public Works Engineering Division responded that there are
existing sewer and storm drain facilities within the proposed street vacations for
which a reservation of easement was requested.
The Community Development Department responded with Planning Commission
Resolution 2017-057-PC (Attachment 4) making an Environmental Determination
that Plan No. 13102 is categorically exempt from the California Environmental
Quality Act (CEQA) per §15061(b)(3) and finding Plan No. 13099 consistent with
the General Plan and forwarding a recommendation to the Mayor and City
Council to adopt the Categorical Exemption for and allow the proposed street
vacation of portions of Home Avenue, “I” Street and Montgomery Street, along
with a recommendation that truck traffic be prohibited on Home Avenue and 13 th
Street. The referenced Real Property Stree t Vacation 16-00008 in the Planning
Commission resolution is the activity number under which the Street Vacation
Processing Fees were collected.
On October 10, 2017, San Bernardino County Fire responded that there is a fire
hydrant on Home Ave which would need to be relocated to the cul-de-sac on
Home Ave and that any gated access points to the commercial properties would
need to have Knox boxes to maintain Fire Department access.
None of the departments that responded opposed the proposed street vaca tions.
Reservations of easements were requested for existing and future facilities by
the Water Department and Public Works Department.
Courtesy notices were sent to property owners within 500’ of the proposed street
vacation on January 26, 2017, informing them of the proposed street vacation and
soliciting comments. Three property owners responded that they objected to the
proposed vacations citing concerns that the action would result in increased truck traffic
on their street, as well as increased dust and noise pollution from the Brickley site as a
result of the increase in storage capacity of the site.
The only property adjacent to the proposed vacation areas not represented on the
original petition was the property located at the southwest corner o f “I” Street and 14th
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Street. The property was acquired by a new owner in February 2017. Staff met with
the new owner and received a verbal confirmation that the property owner supported
the vacation of the portion of “I” Street adjacent to his property as the standing
assumption is that he is the underlying owner of that portion of street.
Due to staff turnover throughout the Public Works Department, the recordation of the
street vacation started in 2017 was not completed. Staff reviewed options with t he City
Attorney's office for moving forward with the street vacation action. After legal review, it
was determined that the previously adopted resolution had expired, and a new street
vacation process would need to be administered by staff.
On November 26, 2019, the applicant resubmitted the appropriate petition
documentation (Attachment 1) to restart the street vacation and requested staff to move
forward. Staff is now requesting City Council authorization to begin the investigative
process required to administer a new street vacation process.
On January 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of Home Avenue, “I” Street and
Montgomery Street.
On January 22, 2020, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the Water Department, and residents within 500’
informing them of the proposed street vacations.
On March 10, 2020, the Planning Commission adopted Resolution No . 2020-15
forwarding a recommendation of approval to the Mayor and City Council for Plan No.
13099, and finding that the project is Categorically Exempt under the California
Environmental Quality Act.
Discussion
On November 15, 2017, the Mayor and City Council adopted Resolution 2017-225
declaring their intent to conduct a public hearing on the proposed street vacations. A
date, time and place for said hearing was set for December 20, 2017, 5:00 PM, at 201
North “E” Street, San Bernardino, CA 92401 in the Third Floor Board Room.
Pursuant to SHC section 8322(a) notices were published in the San Bernardino Sun
Newspaper November 29, and December 6, 2017. Pursuant to SHC section 8323
notices were posted along the proposed street vacations on December 4, 201 7.
On December 7, 2017, Public Works, with the cooperation of Brickley Environmental,
conducted a Town Hall style meeting on the Brickley property to inform local residents
about the Street and Highways General Street Vacation process and procedure and to
answer any questions residents may have about how the proposed action impacts
them. Five residents, representing three households, attended the Town Hall style
meeting.
Due to an technical error, the public hearing was not placed on the December 20, 201 7,
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agenda, so the Mayor and City Council could not open the public hearing.
The public hearing was rescheduled to January 17, 2018, pursuant to SHC section
8320(a)(2) which provides that the public hearing is administratively set by the clerk of
the legislative body by fixing the date, hours and place of the hearing and causing the
publishing and posting of the notices required by the chapter.
Notices for the rescheduled public hearing were published in the San Bernardino Sun
Newspaper on January 3, and January 10, 2018.
Notification for the rescheduled public hearing was posted along the proposed street
vacations January 2, 2018.
At the public hearing on January 17, 2018, the Mayor and City Council adopted a
Resolution Ordering the Vacation (Resolution 2018-20 - Attachment 2) of portions of
Home Avenue, “I” Street and Montgomery Street with the reservation of utility
easements therein. Through the resolution, the City also determined that a Categorical
Exemption applied for the street vacation, reserved easements for gas, water, sewer,
storm drain, electric and phone utilities and the resolution serves as a final order of
vacation of portions of Home Avenue, “I” Street and Montgomery Street as described in
Plan No. 13099.
Street vacation proceedings are not considered completed until the resolution making
the final order vacating portions of the street have been recorded with the San
Bernardino County Recorder’s office pursuant to SHC section 8325. In addition, and
pursuant to SHC section 8324, the resolution of vacation may provide that the vacation
occurs only after conditions required by the legislative body have been satisfied and
may instruct the clerk that the resolution of vacation not be recorded until the conditions
have been satisfied.
As a condition of the originally anticipated street vacation for Plan No. 13099, Public
Works required that the applicant apply for permits for the plan check and ultimate
construction and acceptance of the required cul -de-sac improvements. These
improvements have been completed as of the date of this report.
The adopted Resolution 2018-20 for the street vacation was not recorded with the
County Recorder’s office within the required twelve (12) month time period. All
improvements for this project have been completed and staff is now recommending that
the City Council authorize staff to move forward with necessary actions to complete the
street vacation process.
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No. 2a: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
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Fiscal Impact
There is no fiscal impact associated with this action. Costs incurred with this action
have been offset by the non-refundable petitioner paid processing fee of $2,000. To
date, all costs have been paid.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize City staff to proceed with the request to vacate portions of Home,
“I” Street, and Montgomery Street for Plan No. 13099.
Attachments
Attachment 1 - Resolution 2020-66: Exhibit “A” & ”B” - Legal and Plats
Attachment 2 - Petition
Attachment 3 - Resolution 2020-015-PC
Ward: 1
Synopsis of Previous Council Actions:
On January 9, 2017, Mayor and City Council approved item 51 authorizing staff to
investigate Plan No. 13099 to vacate portions of Home Avenue, "I" Street and
Montgomery Street.
On November 15, 2017, Mayor and City Council adopted Resolution No. 2017 -225
declaring their intent to conduct a public hearing on the proposed street vacation of
portions of Home Avenue, "I" Street and Montgomery Street.
On January 17, 2018, the Mayor and City Council adopted Resolution No. 2018 -20
ordering the vacation of portions of Home Avenue, "I" Street and Montgomery Street
with the reservation of utility easements.
On January 15, 2020, the Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate portions of Home Avenue, "I" Street and
Montgomery Street.
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Resolution No. 2020-66
RESOLUTION NO. 2020-66
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF PORTIONS OF
HOME AVENUE, “I” STREET, MONTGOMERY STREET
AND THE RESERVATION OF UTILITIES THEREIN
WHEREAS, on August 8, 2016, a petition to vacate portions of Home Avenue, “I”
Street and Montgomery Street was received from Timothy J. Brickley; and
WHEREAS, on January 9, 2017, the Mayor and City Council authorized staff to proceed
with an investigation and analysis of Plan No. 13099 to vacate portions of Home Avenue, “I”
Street and Montgomery Street: and
WHEREAS, on January 10, 2017, notices were sent out to utility providers, including
the Water Department, informing them of the proposed street vacations: and
WHEREAS, due to staff turnover throughout the Public Works Department, the
recordation of the street vacation started in 2017 was not completed and a new street vacation
process is legally required to be administered by staff; and
WHEREAS, on November 26, 2019, the applicant resubmitted the appropriate petition
documentation to restart the street vacation and requested staff to move forward; and
WHEREAS, on January 15, 2020, the Mayor and City Council authorized staff to
proceed with an investigation and analysis to vacate portions of Home Avenue, “I” Street and
Montgomery Street; and
WHEREAS, on January 22, 2020, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents within
500’ informing them of the proposed street vacations; and
WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No.2020-016
forwarding a recommendation of approval to the Mayor and City Council for the Por tion of
Artesia Street Vacation, and finding that the project is Categorically Exempt under California
Environmental Act.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare
its intention to order the vacation of portions of Home Avenue, “I” Street and Montgomery
Street and the reservation of utilities therein as described on each of the legal descriptions
attached hereto and incorporated as Exhibit “A” and depicted on each of the maps attached
hereto and incorporated herein as Exhibit “B”.
17.a
Packet Pg. 698 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution (6661 : Declare Intent to Conduct a Public Hearing to
Resolution No. 2020-66
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions
of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part
3, of the Streets and Highways Code of the State of California
SECTION 3. The hour of 7:00 p.m., on Wednesday, May 20, 2020, at 555 West 6th
Street, San Bernardino, California, is fixed as the time and place when and where all persons
interested in or objecting to the propose vacation areas may appear before the Mayor and City
Council of San Bernardino, California and offer evidence in relation hereto.
SECTION 4 The Deputy Director of Public Works/City Engineer of the City of San
Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by
said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 5 The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set
forth for the public hearing
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
17.a
Packet Pg. 699 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution (6661 : Declare Intent to Conduct a Public Hearing to
Resolution No. 2020-66
Sonia Carvalho, City Attorney
17.a
Packet Pg. 700 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution (6661 : Declare Intent to Conduct a Public Hearing to
Resolution No. 2020-66
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
17.a
Packet Pg. 701 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution (6661 : Declare Intent to Conduct a Public Hearing to
17.b
Packet Pg. 702 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Exhibit A & B.doc (6661 : Declare Intent to Conduct a Public
17.b
Packet Pg. 703 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Exhibit A & B.doc (6661 : Declare Intent to Conduct a Public
17.b
Packet Pg. 704 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Exhibit A & B.doc (6661 : Declare Intent to Conduct a Public
17.b
Packet Pg. 705 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Exhibit A & B.doc (6661 : Declare Intent to Conduct a Public
17.b
Packet Pg. 706 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Exhibit A & B.doc (6661 : Declare Intent to Conduct a Public
17.b
Packet Pg. 707 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Exhibit A & B.doc (6661 : Declare Intent to Conduct a Public
17.c
Packet Pg. 708 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Petition.doc (6661 : Declare Intent to Conduct a Public Hearing
17.c
Packet Pg. 709 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Petition.doc (6661 : Declare Intent to Conduct a Public Hearing
17.d
Packet Pg. 710 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution No. 2020-15PC.doc (6661 : Declare Intent to Conduct
17.d
Packet Pg. 711 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution No. 2020-15PC.doc (6661 : Declare Intent to Conduct
17.d
Packet Pg. 712 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution No. 2020-15PC.doc (6661 : Declare Intent to Conduct
17.d
Packet Pg. 713 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution No. 2020-15PC.doc (6661 : Declare Intent to Conduct
17.d
Packet Pg. 714 Attachment: PW. Street Vacation Home, I, Montgomery Street public Hearing - Resolution No. 2020-15PC.doc (6661 : Declare Intent to Conduct
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution Adopting List of Projects and SB1 2020/2021 Road
Maintenance Program
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the Road Maintenance and Rehabilitation proposed project list for
submittal to the California Transportation Commission; and
2. Adopt Resolution No 2020-67, adopting a list of projects for Fiscal Year 2020/21
to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
Background
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of
2017), which is known as the Road Repair and Accountability Act of 2017. To address
basic road maintenance, rehabilitation, and critical safety needs on both State and local
roads, SB 1 increases per-gallon fuel excise taxes, diesel fuel sales taxes and vehicle
registration fees, and provides for inflationary adjustments to tax rates in future years.
Beginning November 1, 2018, the State Controller (Controller) began depositing this
new funding into the newly created Road Maintenance and Rehabilitation Account
(RMRA). A percentage of this new RMRA funding is annually apportioned to eligible
cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for
basic road maintenance, rehabilitation, and critical safety projects on the local streets
and roads system.
All agencies must submit their proposed SB 1/RMRA FY 2020/21 project lists to the
California Transportation Commission by May 1, 2020. City Council action is required
to designate projects for the allocation of RMRA funding.
Discussion
The City recently completed a city-wide pavement condition assessment study. The
results of that assessment were incorporated into, and evaluated through, a Pavement
Management System software database. The evaluation methodology took into account
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a number of criteria including the condition of street segments, the recommended repair
approach to address each segment, and the repair cost requirement for the
recommended method of repair.
After a comprehensive review of the assessment results, staff identified street segments
to be included on the upcoming fiscal year SB1/RMRA projects. Staff’s basis for the
recommendation was to ensure SB1 revenues are being used on the highest -priority
and most cost-effective projects that also meet the community’s priorities for
transportation investment. Based on staff evaluation of Pavement Management System
data, the following street segments are recommended for the 2020/2021 SB1 funding:
Ward Street Project Description Limits Estimate
d Useful
Life
(years)
Project
Timeline
1 3rd Street 3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Sierra Way
to D Street
20-30 October
2020 -
April 2021
2 16th Street 3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Sierra Way
to Waterman
Avenue
20-30 October
2020-
April 2021
3 Rancho
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
Rialto
Avenue to
Foothill Blvd.
20-30 October
2020-
April 2021
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improvements, striping
and signage
improvements
4 Highland
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Palm
Avenue to
Frontage
Road
20-30 October
2020-
April 2021
5 Northpark
Blvd.
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Devil
Canyon
Levee Road
to Little
Mountain
20-30 October
2020-
April 2021
6 Industrial
Parkway
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Palm
Avenue to
Lexington
Way
20-30 October
2020-
April 2021
7 Arrowhea
d Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
Highland
Avenue to
30th Street
20-30 October
2020 -
April 2021
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and signage
improvements
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No. 1c. Create a framework for spending
decisions and 1e. Create an asset management plan. Approval of the proposed project
list will allow staff to move forward in addressing deferred street maintenance needs
identified in the pavement management plan, and secure project funding resources
available through SB1/RMRA.
Fiscal Impact
No additional general fund impact. The City anticipates receiving an estim ated
$3,634,245 in SB1 funds in FY 2020/21, to support the repair, rehabilitation, and
improvements of the City street segments identified on the SB1 FY 2020/21 project list.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the road maintenance and rehabilitation proposed project list for
submittal to the California Transportation Commission.
2. Adopt Resolution No. 2020-67, approving a project list for Fiscal Year 2020/21 to
be funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
Attachments
Attachment 1 Resolution 2020-67
Attachment 2 SB1 FY20/21 Proposed Project List
Attachment 3 Location Map - Proposed Project List
Attachment 4 Local Streets and Roads Project Revenue - FY 19/20
Ward: All
Synopsis of Previous Council Actions:
12/20/2017 The Mayor and City Council adopted Resolution No. 2017 -242 approving
a list of Projects to receive Road Maintenance and Rehabilitation Account
funding for FY 2017/18.
5/16/2018 The Mayor and City Council adopted Resolution No. 2018 -143 approving
a list of Projects to receive Road Maintenance and Rehabilitation Account
funding for FY 2018/19.
5/1/2019 The Mayor and City Council adopted Resolution No. 2019-63 approving a
list of projects to receive Road Maintenance and Rehabilitation Account
funding for FY 2019/20.
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Resolution No. 2020-67
RESOLUTION NO. 2020-67
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2020/21 TO BE FUNDED BY SENATE BILL 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 in order to address the significant multi-modal transportation funding shortfalls
statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure
the residents of our City are aware of the projects proposed for funding in our communit y and
which projects have been completed each fiscal year; and
WHEREAS, the City must adopt a list of all projects proposed to receive funding from
the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution,
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $3,634,245 in RMRA funding in Fiscal
Year 20/21 from SB 1; and
WHEREAS, this is the third year in which the City is receiving SB 1 funding and will
enable the City to continue essential road maintenance and rehabilitation projects, safety
improvements, and increased access and mobility options for the traveling public that would not
have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into
our community’s transportation priorities (the project list); and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that
also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate over
800 miles of road and add active transportation infrastructure throughout the City this year and
hundreds of similar projects into the future; and
WHEREAS, the 2019 California Statewide Local Streets and Roads Needs Assessment
found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us
increase the overall quality of our road system; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety and complete streets infrastructure
18.a
Packet Pg. 719 Attachment: PW.RMRA.SB1-Resolution (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
Resolution No. 2020-67
and use of cutting-edge technology, materials, and practices, will have significant positive co-
benefits statewide.
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 following projects may utilize fiscal year 2020/2021 Road
Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these
projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State
our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues
Ward Street Project Description Limits Estimated
Useful Life
(years)
Project
Timeline
1 3rd Street 3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Sierra Way to
D Street
20-30 October
2020- April
2021
2 16th Street 3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Sierra Way to
Waterman
Avenue
4 October
2020- April
2021
3 Rancho
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Rialto Avenue
to Foothill
Blvd.
3 October
2020- April
2021
4 Highland
Avenue
3”-5” mill and AC overlay,
roadway widening for
Palm Avenue
to Frontage
6 October
2020- April
18.a
Packet Pg. 720 Attachment: PW.RMRA.SB1-Resolution (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
Resolution No. 2020-67
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Road 2021
5 Northpark
Blvd.
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Devil Canyon
Levee Road to
Little
Mountain
5 October
2020- April
2021
6 Industrial
Parkway
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Palm Avenue
to Lexington
Way
6 October
2020- April
2021
7 Arrowhead
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation of
curb and gutter, parkway
strip, sidewalk, ADA-
compliant curb ramps,
drainage improvements,
striping and signage
improvements
Highland
Avenue to
30th Street
8 October
2020- April
2021
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. The above projects will each be subject to CEQA review.
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.
18.a
Packet Pg. 721 Attachment: PW.RMRA.SB1-Resolution (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
Resolution No. 2020-67
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 Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
18.a
Packet Pg. 722 Attachment: PW.RMRA.SB1-Resolution (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
Resolution No. 2020-67
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
18.a
Packet Pg. 723 Attachment: PW.RMRA.SB1-Resolution (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
City of San Bernardino
SB1 Proposed Project List FY 2020-21
Ward Street Project Description Limits Estimate
d Useful
Life
(years)
Project
Timeline
1 3rd Street 3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Sierra Way
to D Street
20-30 October
2020-
April 2021
2 16th Street 3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Sierra Way
to Waterman
Avenue
4 October
2020-
April 2021
3 Rancho
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Rialto
Avenue to
Foothill Blvd.
3 October
2020-
April 2021
4 Highland
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
Palm
Avenue to
Frontage
Road
6 October
2020-
April 2021
18.b
Packet Pg. 724 Attachment: PW.RMRA.SB1-Proposed Project List (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
5 Northpark
Blvd.
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Devil
Canyon
Levee Road
to Little
Mountain
5 October
2020-
April 2021
6 Industrial
Parkway
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Palm
Avenue to
Lexington
Way
6 October
2020-
April 2021
7 Arrowhead
Avenue
3”-5” mill and AC overlay,
roadway widening for
bicycle lanes, installation
of curb and gutter,
parkway strip, sidewalk,
ADA-compliant curb
ramps, drainage
improvements, striping
and signage
improvements
Highland
Avenue to
30th Street
8 October
2020-
April 2021
18.b
Packet Pg. 725 Attachment: PW.RMRA.SB1-Proposed Project List (6662 : Resolution Adopting List of Projects and SB1 2020/2021 Road Maintenance Program)
18.c
Packet Pg. 726 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.c
Packet Pg. 727 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.c
Packet Pg. 728 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.c
Packet Pg. 729 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.c
Packet Pg. 730 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.c
Packet Pg. 731 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.c
Packet Pg. 732 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Proposed Project Location Map (6662 : Resolution Adopting List of Projects and SB1
18.d
Packet Pg. 733 Attachment: PW.Pvmt Rehab at 11 Locs SB1 Funding - Local Streets and Roads Project Revenue (6662 : Resolution Adopting List of Projects
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Animal Shelter Mold Abatement Change Order
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-68 authorizing the City Manager to execute
Contract Change Order (CCO) #1 to Project No. 1332 wi th Noble E&C, Inc. in the
amount of $27,998, for a full contract not -to-exceed amount of $101,998; and
authorizing the Director of Finance to record a budget adjustment in Animal Shelter
Improvement Fund 124 and update the project purchase order to reflect the full,
approved project cost.
Background
On December 4, 2019, the Mayor and City Council appropriated funding from the
Animal Shelter Improvement Fund for three separate contract awards to complete roof
replacement, electrical panel evaluation and up grade, mold abatement, and
reconstruction to address deferred maintenance items at the City’s Animal Shelter. At
that time the Mayor and City Council awarded a Construction Contract (“Contract”) for
Project No. 1332 (“Project”) to Noble E&C, Inc. to perform the mold abatement and
reconstruction portion of the Project. The Contract was awarded in the amount of
$74,000 with a contingency in the amount of $8,000.
Additional work is now needed to address facility issues discovered during the first
phase of the mold abatement. Temporary office and restroom rentals are also
necessary to provide adequate space for safe distancing due to the impacts of COVID -
19 while the abatement and reconstruction take place in the reception and
administration areas of the facility. The total cost of all additional work and temporary
rentals is $27,998, and exceeds the previously established Project contingency.
Discussion
The contract was awarded to address mold found on the north and south end of the
facility, and included the removal and replacement of drywall in these areas. It also
included cleaning wood frames in the ceiling areas, and repainting of areas impacted by
abatement efforts.
When Nobile E&C began mold abatement work at the shelter facility, it was discovered
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that insulation existed within the walls that would also need to be removed and
replaced. This was an unforeseen expense and represents work that was not included
in the original contract.
The mold abatement work and reconstruction work is near completi on at the south end
of the facility, and Noble E&C will soon be ready to begin working in the reception and
administrative area of the facility. This will require that the facility staff be moved out of
the building and housed in a temporary mobile office . Due to the impacts of the COVID
virus, adequate office space is essential to house staff performing critical functions at
the shelter during the remaining reconstruction. Staff researched pricing options for
rental of a mobile office space and portable restrooms. Noble was able provide lower
pricing than other rental options, as well as, provide a shorter term rental period.
Given the current condition of the facility, and the fact that shelter staff will already be
relocating to accommodate the mold abatement, Public Works staff requested pricing
from the contractor to expand repainting to the full interior of the facility . The interior of
the facility has not been fully repainted in over 15years. Repainting serves as a
protective barrier, facilitates easy cleaning of wall surfaces, and would greatly improve
the aesthetics of this facility.
Noble E&C has provided Contractor Change Order #1 (CCO #1) (Attachment 2) in a
total change order amount of $27,998 to address all of the items described above. This
amount exceeds the current contingency of $8,000 established for the Project. An
additional amount of $19.998 is needed to cover the full cost of CCO #1. This change
order is necessary to maintain the continuity of work flow and ensure the Project
completion in May 2020.
The changes contained in CCO #1 were negotiated and include the provision of labor,
equipment, material required to replace insulation, repaint the interior of the entire
facility and provide temporary office and restroom facilities for staff displaced during the
completion of mold abatement and reconstruction in the office areas.
Overall Animal Shelter Project Status
At a recent meeting, the Mayor and City Council requested a status update on the
shelter project. The information below is being provided in response to that request.
The roof replacement portion of the project has been completed , on time and
within budget. This included re-roofing the shelter office and custody areas.
Skylights have been ordered and will be insta lled upon delivery.
New evaporative coolers have been installed on the kennels.
The first two phases of mold abatement have been completed; drywall and
insulation removed and replaced, and restored areas repainted. Phase three is
the upcoming remediation in the reception/administration areas.
Electrical panel designs, plans and specifications are near completion and staff
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expects to solicit bids for electrical panel upgrade work in April.
2020-2025 Strategic Key Targets and Goals
This project is consistent with Key Target No.1d: Fiscal Sustainability - Minimize risk
and litigation exposure. Completion of this project addresses long deferred maintenance
at the Animal Shelter facility, reducing the spread of disease and risk of injury to animals
and shelter staff.
Fiscal Impact
A portion of the funding for this contract change order is available through the originally
approved contingency amount of $8,000. Additional funding in the amount of $19,998 is
available through remaining balances in the Animal Shelter Improvement Fund No. 124,
which currently has an unallocated fund balance of $68,383.94.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-68 authorizing the City Manager to execute
Contract Change Order (CCO) #1 to Project No. 1332 with Noble E&C, Inc., in the
amount of $27,998, for a full contract not -to-exceed amount of $101,998; and
authorizing the Director of Finance to record a budget adjustment in Animal Shelter
Improvement Fund 124 and update the project purchase order to reflect the full,
approved project cost.
Attachments
Attachment 1 Resolution 2020-68: Exhibit A - Noble E&C, Inc. Contract Change
Order #1
Ward: All
Synopsis of Previous Council Actions:
June 20, 2018 - Staff presented a proposal submitted by the County of Riverside to
provide Animal Control Services for the City of San Bernardino.
January 6, 2019 - Staff presented an update regarding the Animal Control Program and
a report from the Animal Control Commission regarding capital improvement funding
sources.
February 11, 2019 - Staff presented a report exploring options to address the City’s
animal service, budgetary and shelter needs including rebuilding the existing in -house
program with either a new or re-purposed facility; establishing a joint powers authority
agreement with public partners; and contract service opportunities was presented.
March 20, 2019 - Staff presented a report exploring options to address the City’s
Animal Control program needs. The Mayor and City Council directed the City Manager
to negotiate and execute an agreement with the County of Riverside for field and shelter
services consistent with the proposal provided by the County.
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September 18, 2019 - Council appropriated funding from the Animal Shelter
Improvement Fun for completion of an assessment of the shelter replacement costs and
directed the City Manager to issue bids for facility repairs and develop a plan of action
including a proposed budget and resources needed to effectively operate an animal
shelter, field and licensing program independent of the Police Department.
November 6, 2019 - The establishment of the Animal Services Department including
the creation of a Director of Animal Services job classification was taken under
consideration. Following discussion, the Council members present opted not to move
forward with the establishment of the Animal Services Department.
December 4, 2019 - The Mayor and City Council adopted Resolution 2019 -356,
appropriating $314,400 from the Animal Shelter Improvement Fund for facility
improvements, of which $82,000 was awarded for mold abatement and reconstruction.
19
Packet Pg. 737
Resolution No. 2020-68
RESOLUTION NO. 2020-68
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACT CHANGE ORDER (CCO) NO. 1 TO PROJECT
NO. 1332 WITH NOBLE E&C, INC. IN THE AMOUNT OF
$27,998, FOR A FULL CONTRACT NOT-TO-EXCEED
AMOUNT OF $101,998; AND AUTHORIZING THE
DIRECTOR OF FINANCE TO RECORD A BUDGET
ADJUSTMENT IN ANIMAL SHELTER IMPROVEMENT
FUND 124 AND UPDATE THE PROJECT PURCHASE
ORDER TO REFLECT THE FULL, APPROVED PROJECT
COST
WHEREAS, staff previously identified repairs needed at the Animal Shelter that address
the most immediate health and safety issues to include electrical panel design and upgrade, roof
replacement, and mold abatement and reconstruction; and
WHEREAS, on December 4, 2019, the Mayor and City Council awarded a Construction
Contract (Project No. 1332) to Noble E&C, Inc. in the amount of $74,000 with a contingency in
the amount of $8,000 to perform mold abatement and reconstruction portion of the repairs; and
WHEREAS, upon beginning mold abatement work, it was discovered that additional
materials must be removed and replaced in the facility, and temporary office and restrooms will
be required for staff displaced by the construction work performed; and
WHEREAS, Noble E&C has provided Contractor Change Order No. 1 in the amount of
$27,998 to include the provision of labor, equipment, and materials required to replace
insulation, repaint the interior of the entire facility and provide temporary office and restroom
facilities for staff displaced during the completion of mold abatement and reconstruction in the
office areas; and
WHEREAS, the change order amount exceeds the contingency amount previously
established for the project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by t his
reference.
SECTION 2. The City Manager is hereby direct to execute Contract Change Order No. 1
to Project No. 1332 with Noble E&C, Inc., in the amount of $27,998 for a full contract not-to-
exceed amount of $101,998, and attached hereto as Exhibit A,
19.a
Packet Pg. 738 Attachment: PW.Animal Shelter.Resolution [Revision 1] (6669 : Animal Shelter Mold Abatement Change Order)
Resolution No. 2020-68
SECTION 3. The Director of Finance is hereby directed to record a budget adjustment
in the amount of $19,998 from Animal Shelter Improvement Fund 124 to support costs of
Contract Change Order No. 1 for Project 1332 in excess of the approved contingency for the
project, and update the contract purchase order to reflect the full, approved project costs.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this 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 Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
19.a
Packet Pg. 739 Attachment: PW.Animal Shelter.Resolution [Revision 1] (6669 : Animal Shelter Mold Abatement Change Order)
Resolution No. 2020-68
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
19.a
Packet Pg. 740 Attachment: PW.Animal Shelter.Resolution [Revision 1] (6669 : Animal Shelter Mold Abatement Change Order)
19.b
Packet Pg. 741 Attachment: PW. Animal Shelter Resolution - Exhibit A - Nobel E&C, Inc. Change Order #1 (6669 : Animal Shelter Mold Abatement Change