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06-03-2020 Agenda Packet
CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, JUNE 3, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION W EB-CONFERENCE • VIA ZOOM • 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 LI VE STREAMED ONLINE AT http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2889 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 4:00 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 4:00 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. ***ITEMS THAT ARE SUBMITTED TO BE PART OF THE MEETING RECORD CAN BE F OUND USING THE LINK BELOW – SELECT THE CURRENT YEAR AND MEETING DATE. IF YOU HAVE ANY QUESTIONS PLEASE CALL THE CITY CLERK’S OFFICE AT 909 -384-5002. http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077513&dbid=0&repo=SB James Mulvihill Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/29/2020 Theodore Sanchez John Valdivia James Mulvihill MAYOR PRO-TEM, WARD 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 CITY ATTORNEY 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 June 3, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/29/2020 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): a. 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) b. 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 c. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968) d. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 e. Arrowhead Lodge No. 896 I.B.P.O.E. of W and its members v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 f. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1911952 g. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1906467 h. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1830325 i. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1905710 j. Quiang Ye, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1704276, Court of Appeals Case No. D076196 k. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1922151 l. KP Investment Group, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909577 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): four cases - tort claims filed by Mirna Cisneros (dated February 12, 2020), Karen Cervantes (dated February 12, 2020), Don Smith (dated March 31, 2020), and Jackie Aboud (dated April 27, 2020). Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/29/2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 1. Interim Golf Course Management Agreement Recommendation Adopt Resolution No. 2020-123 of the Mayor and City Council of the City of San Bernardino, California, to ratify the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCI S LLC for the Shandin Hills Golf Course. PUBLIC HEARINGS 2. Resolution of the Mayor and City Council of the City of San Bernardino Approving the Issuance of Bonds Recommendation It is recommended that the Mayor and City Council of the City of San Berna rdino, California; 1. Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended; and 2. Adopt Resolution No. 2020-108 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $55,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement, and equipping of F oothill Villas Apartments and certain other matters relating thereto. CONSENT CALENDAR 3. City Council Approval of Draft Minutes for the Regular Meeting of March 18, 2020, April 1, 2020, and the Special Meeting of April 8, 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 meetings of March 18, 2020, April 1, 2020, and April 8, 2020. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/29/2020 4. Adoption of Ordinance No. MC-1531 Sign Regulations Update Recommendation Accept for final reading and adopt Ordinance No. MC -1531 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. 5. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for May 2020. 6. Monthly Investment Portfolio Report for April 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 April 2020. 7. Resolution Authorizing the Increase of a Purchase Order to Duratech USA, Inc. Recommendation Adopt Resolution No. 2020-110 of the Mayor and City Council of the City of San Bernardino, California, authorizing the increase of the purchase order issued to Duratech USA, Inc. to $70,200. 8. Cannabis Consulting Services Agreement Recommendation Adopt Resolution No. 2020-111 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and SCI Consulting Group (SCI) for Cannabis Monitoring and Financial Audit Services at the proposed contract amount; and approve the amended Minutes for the December 4, 2019 Mayor a nd City Council meeting, Item No. 24, reflecting the correct motion and consulting group awarded the Professional Services Agreement for Cannabis Monitoring and Financial Audit Services. 9. Purchase and Sale Agreement with Edward C. Adams and Jeanne M. Adams with Respect to the Real Property Located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street (APNs 0138 -114-09 to -11 and 0138-114-18) Recommendation Adopt Resolution No. 2020-109 of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Edward C. Adams and Jeanne M. Adams with respect to the real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18), and authorizing the City Manager to execute the Agreement. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/29/2020 10. Resolution Approving Final Tract Map 17170-1 (Subdivision 04-23) Santiago Communities Recommendation Adopt Resolution No. 2020-112 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17170 -1 (Subdivision 04- 23) involving the subdivision of a parcel containing approximately 9.75 acres into thirteen (13) single-family residential lots and one Lettered Lot “A”. The project site is located on the easterly side of Macy Street between Spruce Street and Sixth Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. 11. Resolution Approving Cooperative Agreement with the City of Highland and San Bernardino County for Submission of a Grant Application to the Active Transportation Cycle 5 Grant Program Recommendation Adopt Resolution No. 2020-113 of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the City of Highland and San Bernardino County for the submission of a Grant Application to the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino Bi-City Bikeway and Walkway Connector (Project) and authorizing the Director of Finance to record a budget adjustment in Local Circulation Development Impact Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application preparation. 12. Approve Stormwater Treatment Devices and Control Measure Access and Maintenance Agreement Between San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a Stormwater Treatment Device and Control Measure Access and Maintenance Agreement between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP). Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/29/2020 13. Revised Five-Year Capital Improvement Program (FY 2019/20 to FY 2023/24) for Measure I Local Expenditures Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-115, approving the Revised Measure I Five- Year Capital Improvement Plan for FY 2019/20 through FY 2023/24 and Measure I Expenditure Strategy and acknowledging that the City will maintain the base year level of expenditures in the amount of $1,075,643 from the General Fund to meet required Maintenance of Effort (MOE) expenditures in FY 2019/20. 14. Purchase and Sale Agreement and Joint Escrow Instructions for the Partial Acquisition for Assessor’s Parcel 0271-051-11 and 0271-051-12 for the Widening of West 40TH Street from Johnson Street to Electric Avenue Recommendation Adopt Resolution No. 2020-117 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at 337 & 339 West 40th Street. 15. Resolution to Reject All Bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations Recommendation Adopt Resolution No. 2020-118 of the Mayor and City Council of the City of San Bernardino, California, rejecting all bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations ("Project"). 16. Authorize the Issuance of a Purchase Order to Maneri Traffic Control, Inc., for the Purchase of Four Traffic Message Boards Recommendation Adopt Resolution No. 2020-119 of the Mayor and City Council of the City of San Bernardino, California to: 1. Authorize the purchase of four (4) Wanco Mini Three -Line Message Boards from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000; and 2. Authorize the Director of Finance to record a budget adjustment in the amount of $70,000 in Traffic Safety Fund No. 128 for the purchase; and 3. Authorizing the Director of Finance to issue a purchase order in the support of the equipment purchase. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/29/2020 17. Public Works Equipment Purchase - Traffic Signal Controllers Recommendation Adopt Resolution 2020-121 of the Mayor and City Council of the City of Bernardino, California: 1. Authorizing the purchase of fifteen (15) traffic signal controllers from McCain Inc., of Vista, California in the amount of $44,550; and 2. Authorizing the Director of Finance to record a budget adjustment in the Traffic Safety Fund (128) for the equipment purchase; and 3. Authorizing the Director of Finance to issue a purchase order in support of the equipment purchase. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to a Special Meeting that will be held on Wednesday, June 10, 2020, via web-conference. Closed Session will begin at 5:00 p.m. and Open Session will begin at 5:30 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 June 3, 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 Friday, May 29, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/29/2020 NOTICE: The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless t he action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Interim Golf Course Management Agreement Recommendation Adopt Resolution No. 2020-123 of the Mayor and City Council of the City of San Bernardino, California, to ratify the Interim Golf Course Management Agreement between the City of San Bernardino and C F Shandin Hills ARCIS LLC for the Shandin Hills Golf Course. Background The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was constructed between 1980 and 1986 and consists of an 18 -hole golf course, an 18,409 square foot clubhouse/banquet facility and maintenance facility. The property is designated as Public/Commercial Recreational (PCR) on both the General Plan Land Use Map and on the Zoning Map. The property was originally owned by the former San Bernardino Redevelopment Agency and records indicate that the Agency purchased the property through three separate property transactions. The land that comprises the golf course was acquired by the Agency in order to meet the revitalization goals of the City and the Agency to alleviate the existence and spread of physical and economic blight through the assembly of land for a public golf course. Over the years, there have been a number of lessees/operators that have managed the operations and maintenance of the golf course and related ancillary facilities. Most recently, the lease was assigned to CF Shandin Hills ARCIS LLC (“ARCIS”) in August 2014. ARCIS has been managing the golf course for the Successor Agency and the City for the last six years. Annual revenues received from the golf course amount to $200,000 in lease revenue to the general fund plus an additional rent based on a percentage of gross revenues. The annual revenue from the golf course varies from $230,000 to $290,000 annually. In 2015, subsequent to the approval of the Long Range Property Management Plan, the Shandin Hills Golf Course was transferred from the Successor Agency to the City of 1 Packet Pg. 10 6750 Page 2 San Bernardino for government use. The golf course property was transferred to the City at no cost and has provided much needed general fund revenue. Discussion On April 6, 2020, the City of San Bernardino received a letter from CF Shandin Hills ARCIS LLC, notifying the City of their intention to terminate their lease with the City 30 days from the date of the letter. This letter was received right on the heels of the beginning of the COVID 19 pandemic. The event triggering the termination was an order from the County of San Bernardino closing golf courses countywide. Since receiving the letter, City staff has been in constant contact with the Andy Crossen, the Executive Vice President of CF Shan din Hills ARCIS LLC. Based on discussions between Mr. Crossen and the City, ARCIS is willing to manage the golf course on a short term basis while the City evaluates its options for the facility. However, that did not change the fact that ARCIS termination notice would take effect on or around May 6, 2020. For ARCIS to continue to manage and maintain the facility, an Interim Golf Course Management Agreement would need to be prepared and executed so that the golf course would not sit idle and unattended. Over the preceding six weeks, staff worked in earnest with ARCIS and came to a mutual agreement on the Interim Golf Course Management Agreement. This was the best available option to the City under these during these trying times. The termination of the golf course lease and the emergency caused by the spread of COVID-19 pandemic, created an urgent need to ensure the City’s golf course property is maintained and preserved. In accordance with Section 2.46.090.A.6.b., the City Manager took immediate action to execute the Interim Golf Course Management Agreement to ensure the preservation of the Shandin Hills Golf Course property and to protect an important revenue stream to the City. The Interim Golf Course Management Agreement runs through June 30, 2021, but allows either party to terminate upon 60 days’ notice. Should the City Council decline to proceed with the Agreement, the maximum additional exposure to the City would be approximately $20,000, which is within the City Manager’s regular, non-emergency, expenditure authority. The execution of the Interim Golf Course Management Agreement affords the City a single fiscal year to evaluate and determine the highest and best use of the Shandin Hills Golf Course. At this time, staff has ordered a Title Report of the property to ensure there are no outstanding liens or restrictions on the property. Staff is also ordering an appraisal of the property to verify the fair market value of the property. Lastly, staff will be evaluating the conditions of the entire facility to identify the costs related to deferred maintenance. Understanding the conditions of the property will allow the City to better negotiate with a future operator of the facility. 2020-2025 Key Strategic Targets and Goals The ratification of an Interim Golf Course Management Agreement for the operation and maintenance of the Shandin Hills Golf Course is consistent with Key Target No 1: Financial Stability. Specifically, it will ensure that the golf course continues to operate while the City evaluates the highest and best use of the property today, and in the 1 Packet Pg. 11 6750 Page 3 future. Fiscal Impact The adoption of the Interim Golf Course Management Agreement will allow the golf course to continue to operate generating much needed general fund revenue. From the revenue generated, the City will pay ARCIS $10,000 per month to maintain the golf course. The remaining revenue after operating costs are deducted will go to the City, which is anticipated to be approximately $10,000 per month. Conclusion The operator of the Shandin Hills Golf Course, CF Shandin Hills ARCIS LLC, served the City with a 30 day Termination Notice. Due to the urgency of the matter and in accordance with Section 2.46.090.A.6.b., the City Manager took immediate action to execute the Interim Golf Course Management Agreement to ensure the preservation of the Shandin Hills Golf Course property and to protect an important revenue stream to the City. Therefore, it is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-123 ratifying this decision thereby approving the agreement. Attachments Attachment 1 Resolution 2020-123 Attachment 2 Interim Golf Course Management Agreement Attachment 3 Termination Letter Attachment 4 LRPMP Site No. 4 - Shandin Hills Public Golf Course Ward: Ward 5 Synopsis of Previous Council Action: December 2015: As part of the dissolution of the former San Bernardino Redevelopment Agency, the Shandin Hills Golf Course property was transferred from the Successor Agency to the City of San Bernardino for governmental use. 1 Packet Pg. 12 RESOLUTION NO. 2020-123 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE INTERIM GOLF COURSE MANAGEMENT AGREEMENT EXECUTED BY THE CITY MANAGER BETWEEN THE CITY OF SAN BERNARDINO AND CF SHANDIN HILLS ARCIS LLC WHEREAS, on April 6, 2020, the City Manager received a Termination Letter from CF Shandin Hills ARCIS LLC (ARCIS) informing the City that they would be terminating their lease with the City to manage and maintain the Shandin Hills Golf Course in 30 days from the date of the letter; and WHEREAS, over the preceding six weeks, staff worked in earnest with ARCIS and came to a mutual agreement on the Interim Golf Course Management Agreement. This was the best available option to the City during these trying times; and WHEREAS, the termination of the golf course lease and the emergency caused by the spread of COVID-19 pandemic, created an urgent need to ensure the City’s golf course prope rty is maintained and preserved; and WHEREAS, on May 20, 2020 in accordance with Section 2.46.090.A.6.b., the City Manager took immediate action to execute the Interim Golf Course Management Agreement to ensure the preservation of the Shandin Hills Golf Course property and to protect an important revenue stream to the City. 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 ratifies the Interim Golf Course Management Agreement executed by the City Manager pursuant to Section 2.46.090.A.6.b., approving an Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC attached hereto as Attachment “1” to the staff report. 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. 1.a Packet Pg. 13 Attachment: CED.Shandin Hills Golf Course.Attachement 1.RESO [Revision 1] (6750 : Interim Golf Course Management Agreement) Resolution No. 2020-123 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 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 3rd day of June, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney 1.a Packet Pg. 14 Attachment: CED.Shandin Hills Golf Course.Attachement 1.RESO [Revision 1] (6750 : Interim Golf Course Management Agreement) Resolution No. 2020-123 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- 123, adopted at a regular meeting held on the 3rd day of June 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 3rd day of June, 2020. Genoveva Rocha, CMC, Acting City Clerk 1.a Packet Pg. 15 Attachment: CED.Shandin Hills Golf Course.Attachement 1.RESO [Revision 1] (6750 : Interim Golf Course Management Agreement) INTERIM GOLF COURSE MANAGEMENT AGREEMENT This Interim Golf Course Management Agreement (“Agreement”) is made as of May 20th, 2020, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Evergreen Alliance Golf Limited, L.P. d/b/a Arcis Golf, a Delaware limited partnership (“Manager”), hereinafter sometimes collectively referred to as the “Parties” and individually as a “Party”. RECITALS A. City owns that certain public golf course in the City of San Bernardino known as the Shandin Hills Golf Course (“Golf Course”). A map of the layout of the Golf Course is attached hereto as Exhibit “A”. B. The Golf Course includes the following facilities and equipment: (i) a regulation 18-hole golf course and expansive golf practice area; (ii) a clubhouse; (iii) a golf shop; (iv) facilities for indoor and outdoor events and catering; (v) A-V equipment for meetings and events; (vi) a restaurant and kitchen; (vii) a large ceremony gazebo; (viii) irrigation facilities; and (ix) all equipment necessary to maintain and operate the facilities. The Golf Course does not include the personal property of Manager located at the property. C. Manager is an experienced and qualified operator of public golf course facilities and City desires to engage MANAGER in a short term fee based arrangement to manage and operate the Golf Course while the City identifies a permanent manager for the facilities. D. Effective as of May 7, 2020, Manager shall assume responsibility for the management and operation of the Golf Course on behalf of the City on the terms and conditions more particularly set forth below. AGREEMENTS Section 1. Definitions Commencement Date. The term “Commencement Date” shall mean May 7, 2020. Gross Receipts. The term “Gross Receipts” shall mean all receipts related to or derived from the operation of the Golf Course, computed on an accrual basis, recognized during or after the first month beginning on or after the Commencement Date and shall include, but shall not be limited to, greens fees, tournament fees, driving range fees, golf cart fees, goods, food, drinks, wares, or merchandise on, at or from the Golf Course, determined in accordance with generally accepted accounting principles applied on a consistent basis. Gross receipts shall not include: (a) Applicable gross receipts taxes, admission, excise, sales and use taxes, or similar governmental charges collected directly from customers or as a part of the sales price of any goods or services. (b) Receipts from coin telephones or ATMs, except to the extent of commissions received therefrom. 1.b Packet Pg. 16 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 2 (c) Service charges, which are defined to mean percentage gratuities added to customer billings as compensation to Manager’s employees. (d) Income to golf professionals not affiliated with Manager from lessons. (e) Proceeds of borrowings by Manager. (f) Proceeds paid as a result of an insurable loss, unless paid for the loss or interruption of business, provided such sums are used to remedy said losses. Any of the above provisions resulting in a double exclusion from Gross Rec eipts shall be allowed as an exclusion only once. Initial Operating Budget. The term “Initial Operating Budget” shall mean the estimated Operating Expenses identified in Exhibit B, attached hereto and incorporated herein by this reference. In recognition of the unpredictable nature of Operating Expenses, the Manager may submit to City a revised Initial Operating Budget, which the City Manager of City may approve. Such approval shall not be unreasonably withheld. Management Fee. The term “Management Fee” shall have the meaning set forth in Section 5. Net Operating Income. The term “Net Operating Income” shall mean that amount, if any, by which Gross Receipts exceed the Operating Expenses. Operating Expenses. The term “Operating Expenses” shall mean those necessary or reasonable operating expenses incurred or paid on behalf of City beginning on or after the Commencement Date in connection with the normal course of conducting and operating the business affairs of the Golf Course, computed on an accrual basis, including but not limited to, the following items: (a) Salaries, wages, employee benefits and payroll expenses, including payroll taxes, existing employee benefit programs and insurance of all employees employed exclusively on-site in the direct operation of the Golf Course, excluding, however, service charges, if any, which are defined as percentage gratuities added to customer billing and paid to employees. (b) Marketing, advertising, and promotional expenses. (c) Replacement of inventories for resale, maintenance parts and supplies, golf shop, and the range. (d) Replacement of broken, lost or damaged silver, chinaware, glassware, cooking utensils, range balls, Golf Course accessories, and other similar items. (e) Maintenance costs for service or repair of Golf Course maintenance equipment. (f) Office supplies, postage, printing, routine office expenses, and accounting/bookkeeping services incurred in the operation of the Golf Course. 1.b Packet Pg. 17 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 3 (g) The Management Fee. (h) Insurance premiums and property taxes, to the extent not provided for i n the reserve established therefore. (i) Auditing, accounting costs, computer fees and legal fees (excluding legal fees incurred by Manager to prepare this Agreement or to interpret its rights or obligations under this Agreement or to comply with applicable la ws) incurred in respect to the operation of the Golf Course. (j) Costs incurred for utilities, including, but not limited to, all electric, gas and water costs, and any other private utility charges incurred in connection with the operation of the Golf Course, except those utility costs which are billed directly to City. (k) Ordinary maintenance and repairs and housekeeping related to the Golf Course. (l) All rental and lease payments on any item of furniture, fixtures or equipment utilized in the operation of the Golf Course. Any of the above provisions resulting in a double deduction as an Operating Expenses shall be allowed as a deduction only once. Operating Expenses shall not include any salaries, benefits, expense reimbursement or other compensation of Manager’s management personnel or employees who are off-site, nor administrative overhead or expenses of Manager, all of which be paid by Manager. Section 2. Acknowledgements, Obligations and Term. Manager previously operated Shandin Hills Golf Club pursuant to a separate lea se with the City, which is of no further force or effect. Upon City’s receipt of the Notice of Termination of the lease from Manager, City contacted Manager, acknowledged the termination of the Lease, and requested that Manager maintain the Golf Course from the Commencement Date through the Term set out below, even though the Golf Course had previously been closed due to State Emergency Orders, so that the Golf Course was kept in good shape and so the City could engage a third party to operate the Golf Course after the Term of this Agreement. City hereby retains Manager in the capacity of an independent contractor and not as an employee or agent of City to supervise, manage, direct and operate the Golf Course on behalf of and for the account of City during the term hereof, subject to the terms and conditions set forth herein. Manager accepts its selection as Manager of the Golf Course, subject to the terms and conditions hereof. Manager’s obligations hereunder include the operation and maintenance of the Golf Course together with the restaurant and golf shop at the Golf Course. City designates Manager as the exclusive Manager of the Golf Course with the responsibility, discretion and authority, subject to City’s approval, advice and consent, to determine operating policies and procedures, standards of operation, special rights or privileges, programs, standards of service and maintenance, pricing, marketing and other policies affecting the Golf Course or the operation thereof. Manager retains the right to set all greens fees, driving range fees, cart fees and other fees associated with golf play, subject to the approval of City, which approval shall not be unreasonably withheld. Manager shall have the authority without the prior approval of the City, to set tournament 1.b Packet Pg. 18 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 4 fees or special event fees and charges, and to temporarily change otherwise applicable greens fees, driving range fees and cart fees for periods not to exceed ninety days for marketing purposes or to accommodate special weather conditions. It is understood that it is the intent of the parties that Manager shall be responsive to the public needs and requirements in establishing policies and procedures in the overall operation of the Golf Course facility. Provided, further, it is understood that City shall have at all times the final decision on the expenditure for any capital items the parties deem necessary for the successfu l operation of the Golf Course. This Agreement shall begin on the Commencement Date and shall expire on June 30, 2021 unless terminated in accordance with Section 9 (the “Term”). Section 3. Responsibilities of Manager. The following are the specific responsibilities and duties of the Manager: (a) General Management and Control. Manager shall perform the general management and control of the Golf Course operation vested in Manager by this Agreement. Manager shall faithfully implement any applicable operational organization, policies and guidelines. Manager shall endeavor to contain Operating Expenses in line with the Initial Operating Budget. (b) Marketing. Manager shall faithfully implement a marketing plan for the Golf Course facility, including conducting advertising, publicity and promotional activities for the Golf Course. The costs for implementation of the marketing plan shall be deemed an expense of the Golf Course operation. (c) Recruitment and Training. Manager shall determine human resource requirements, recruitment schedules and compensation levels; recruit, interview, hire, train, and terminate, if necessary, all Golf Course personnel employed by Manager. Notwithstanding the foregoing, all compensation and benefits offered by Manager will be consistent with the Initial Operating Budget and all employees shall be employees of Manager. (d) Financial Management. Manager shall maintain all books, records and other data associated with the Golf Course. Manager shall be responsible for the day to day financial affairs of the Golf Course as well as its daily operation and expenditures. (e) Accounting Records and Reporting. Manager agrees, during the term of this Agreement as an Operating Expense, to maintain efficient and accurate accounting records in accordance with generally accepted accounting principles in a format consistent with other public golf courses as follows: (i) During the term of this Agreement, Manager shall submit to City on or before the 20th day following the end of the previous month of operations, a financial statement showing in detail all of the Gross Receipts and Operating Expenses of the Golf Course for the preceding month and the operating year to date. (f) Payment. Contemporaneous with the submission of the monthly report identified above, Manager shall pay to City the Net Operating Income for the prior month. Said payment may 1.b Packet Pg. 19 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 5 be made in any manner mutually agreeable t o the Parties, which methods shall include electronic transfer and cashier’s check. (g) Employees. Manager is responsible for hiring and firing all employees at the Golf Course and for ensuring that such employees are adequately trained and supervised at all times. All such employees shall be paid by Manager and such payment shall be charged as an Operating Expense. In this connection, Manager shall develop staffing requirements for all areas of the Golf Course and hire and train the staff required therefor as Manager deems necessary and advisable for the successful and continued operation of the facility, consistent with the approved budget. Manager shall be solely responsible for any claim or liability arising in connection with t he employees at the Golf Course, including without limitation, any claim or liability that is the result of any failure of Manager, its management staff and employees to comply with applicable federal, state , and local laws (h) Equipment. Manager may use any City-owned maintenance equipment located at the Golf Course for the daily maintenance of the course, as is and at its own risk. (i) Insurance. Manager shall keep in effect all current insurance at the property. : (i) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000 per occurrence, with a general aggregate limit no less than $2,000,000. Such insurance shall include coverage for, but not be limited to: (i) bodily injury and property damage; (ii) personal injury and advertising injury; (iii) fire legal liability; and (iv) products and completed operations. Such insurance policy or policy endorsement shall: a. Include the City, its officials, officers, employees, agen ts, and consultants as additional insureds with respect to the Golf Course and Manager’s services; b. Not contain special limitations on the scope of coverage or the protection afforded to City, its officials, officers, employees, agents and consultants as additional insureds; c. Be primary with respect to any insurance or self-insurance programs covering City, its officials, officers, employees, agents and consultants; d. Contain standard separation of insured provisions; and e. Contain a waiver of subrogation that waives any right the insurer has against City for any claims or suits. (ii) Automobile Liability. Manager shall acquire and maintain during the term, automobile liability with a combined single limit of one million dollars ($1,000,000 ) (iii) Workers' Compensation Insurance. Manager shall maintain workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000 each accident. (iv) Certificates of Insurance. Manager shall furnish City with properly executed certificates of insurance and, if requested by City, certified copies of endorsements and policies, 1.b Packet Pg. 20 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 6 which clearly evidence all insurance required under this Agreement and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days’ prior written notice to City. City shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Agreement. (v) Licensed Insurer. Manager shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California. (j) Employer/Employee Relations. Manager shall have the sole responsibility to negotiate with any employee organization or employee groups lawfully entitled to represent the employees Manager assigns to the Golf Course. (k) Service Agreements. City and Manager shall join in any negotiation and consummate such agreements as they deem necessary or advisable for the furnish ing of utilities, services, concessions, and supplies for the maintenance and operation of the Golf Course. In no way, through the adoption of this Agreement, does City consent to the assignment or assumption of any service agreements related to the operation of the Golf Course by Manager in its prior capacity as lessee of the Golf Course. Manager may continue to utilize any service agreements it entered into in that capacity at its sole and absolute discretion. (l) Repairs. Manager shall have the responsibility and authority to make, install, or cause to be installed, as an Operating Expense, all necessary and proper repairs and replacements in and to the Golf Course and appurtenant facilities in order to keep and maintain the same in good repair, working order and condition, and outfitted and equipped for the proper operation thereof in accordance with standards set forth herein; provided, however, Manager may not make any changes to the floor plan or exterior structure of any of the building improvements on the property without the prior approval of City, nor may Manager make any changes in the Golf Course layout and design without prior written approval of the City. Notwithstanding the foregoing, Manager shall not exceed the amounts budgeted for maintenance and repair in the Annual Operating Budget without the prior written consent of the City Manager. (m) Licenses and Permits. Manager shall apply for, obtain and maintain, in Manager’s name, all licenses and permits required in connection with the management and operation of the Golf Course. City shall cooperate with Manager in applying for, obtaining and maintaining such licenses and permits. (n) Legal Action. Any legal action that is recommended to be taken by Manager in connection with the operation of the Golf Course shall be presented first to the City for review and approval. (o) Managerial Prerogatives. In fulfilling its managerial duties, Manager shall have all the prerogatives ordinarily accorded to management in the ordinary course of commerce, the incurring of trade debts, the approval and payment of checks, and the negotiating and signing of purchase orders and service agreements with vendors, provided that no purchase order or service agreement shall exceed sixty (60) days without City’s written approval. Notwithstanding anything to the contrary herein, Manager shall have no right, without the prior written approval of City, in each instance, to pledge the credit of City, to lease or otherwise grant, mortgage, pledge, assign, transfer or convey any interest in any part of the Golf Course or any interests appurtenant thereto. In this connection, Manager shall be responsible for advising all vendors and suppliers that Manager, in the 1.b Packet Pg. 21 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 7 performance of its management duties for the Golf Course, is acting as such in the capacity of an independent contractor and not as an employee or agent of City. (p) Other Duties and Prerogatives. Notwithstanding anything to the contrary in this Agreement, from and after Commencement Date of this Agreement, Manager shall have the duty, obligation, responsibility and authority to perform any act that is necessary to operate and manage the Golf Course in a manner consistent with other public Golf Course facilities in Riverside and San Bernardino counties with similar fees, charges and facilities, and in the execution of such duty, obligation, responsibility and authority, Manager shall be permitted, subject to the provisions contained herein, (i) to determine operating policies and procedures, standards of operation, standards of service and maintenance, pricing (subject to the requirement that pricing of services shall be reasonably consistent with market rates for comparable public Golf Course facilities in Riverside and San Bernardino counties, comparable services at such facilities), hours of operation and other policies affecting the Golf Course or the operation thereof, (ii) to implement all such policies and procedures, and (iii) to perform any other act necessary or desirable for the operation and maintenance of the Golf Course which are consistent with good Golf Course management practices and are reasonably designed to provide for the well-being of the Golf Course and Manager. (q) Emergency Expenditures. In the event that an emergency condition exists at the Golf Course that threatens the health or safety of the public or employees, Manager has the authority to close the Golf Course to the public and immediately notify any applicable authorities, including the City. Manager shall be authorized to make emergency expenditures up to $2,500.00 to repair and correct any such condition, whether or not such provisions have been made in the applicable budgets therefor for any such emergency expenditures. Manager shall notify City immediately and in no event later than within twenty-four (24) hours of the existence of any such event after Manager’s discovery of same. (r) Expenditures Required for Compliance with Law. In the event that repairs, additions, changes or corrections in the Golf Course of any nature shall be required by reason of any laws, ordinance, rules or regulations now or hereafter in force or by order of any governmental power, department, agency, authority or officer, such repairs, additions, changes or corrections shall be made at the direction of Manager, after approval by City and shall be paid for as an Operating Expense. Any such repairs, additions, changes or corrections shall be accomplished with as little hindrance to the operation of the Golf Course as possible. (s) Working Capital. Manager acknowledges that City expects Manager to manage the cash flow and operation of the Golf Course within the confines of the Initial Operating Budget and Manager warrants that it has sufficient working capital to perform its obligations under this Agreement. Section 4. Compliance with Applicable Laws. Manager shall be solely responsible for the operation of the Golf Course in compliance with all applicable federal and state laws. Section 5. Management Fee. From the Commencement Date of this agreement and continuing throughout the balance of the term, Manager shall be paid a fee for the management of the operations of the Golf Course of ten thousand dollars ($10,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3. Because the Commencement Date occurs on a date other than the first of the month, the Management Fee shall be pro -rated on a daily basis on a ratio of 1.b Packet Pg. 22 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 8 remaining days in the month as the same bears to the total days in the mo nth (i.e., May 2020 Management Fee shall be $8,064.52 based on the Commencement Date). Section 6. Manager’s Covenants and Representations. Manager makes the following representations to City, which representations shall, unless otherwise stated herein, survive the execution and delivery of this Agreement: (a) Corporate Status. Manager is a Delaware limited partnership duly organized, validly existing and in good standing and able to do business under the laws of the State of California, with full corporate power to enter into this Agreement and execute all documents required hereunder. (b) Authorization. The making, execution, delivery and performance of this Agreement by Manager has been duly authorized and approved by all requisite actions of the company, and this Agreement has been duly executed and delivered by Manager and constitutes a valid and binding obligation of Manager, enforceable in accordance with its terms. (c) Violation of Representations. From and after the date hereof and until the termination of this Agreement, Manager shall not take any action or omit to take any action which would have the effect of violating any of the representations of Manager contained in this Agreement. (d) Violation of Agreement. Neither the execution and delivery of this Agreement by Manager nor Manager’s performance of its obligations hereunder will result in a violation or breach of any term of provision or constitute a default or accelerate the performance required under any other agreement or document to which Manager is a party or is otherwise bound or to which the facility or any part thereof is subject and will not constitute a violation of any law, ruling, regulation or order to which Manager is subject. Section 7. Indemnification. (a) Indemnification by City. City shall pay, defend and save Manager harmless from and against all liability of any nature whatever, regardless of the nature in which such liability may arise, for any and all claims, actions, demands, expenses, damages, losses, liabilities, suits and/or judgements arising from: (i) the breach of any covenant or obligation of City pursuant to this Agreement; or (ii) the negligent acts, omissions, or willful misconduct of City, its agents, contractors, employees or officers with respect to the Golf Course either before or after the Commencement Date. (b) Indemnification by Manager. Manager shall pay, defend and save City harmless from and against all liability of any nature whatever, regardless of the nature in which such liability may arise, for any and all claims, actions, demands, exp enses, damages, losses, liabilities, suits and/or judgments arising from: (i) the breach of any covenant or obligations of Manager pursuant to this Agreement, including any claim arising pursuant to its management of its employees; (ii) the negligent act, omissions or willful misconduct of Manager or its agents, contractors, employees or officers with respect to the Golf Course either before or after the Commencement Date . 1.b Packet Pg. 23 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 9 Section 8. Assignment. Neither Party shall assign its rights or obligations under this Agreement, whether voluntarily or by operation of law, without the prior written consent of the other Party. Section 9. Termination. The term of this Agreement shall terminate on the occurrence of any of the events set forth below: (a) For Convenience. Either Party may terminate this Agreement at any time, without cause, upon sixty (60) days prior written notice to the other Party. Upon any such termination, the Management Fee for the final month shall be prorated. (b) Default by Manager. A default by Manager which is not cured within thirty (30) days after written notice has been given to Manager specifying the default and advising Manager that its Agreement will be terminated for cause in the event said default is not cured within said time limit. (c) Default by City. A default by City which is not cured within thirty (30) days after written notice has been given to City by Manager specifying the default and advising City that this Agreement will be terminated for cause in the event said default is not cured within said time limit. Section 10. Entire Agreement. This Agreement embodies the entire agreement and understanding of City and Manager relating to the subject matter hereof and supersedes all prior representations, agreements and understandings, oral or written, relating to such subject m atter. Neither this Agreement nor any prevision hereof may be amended, enlarged, modified, waived, discharged or terminated orally, but only as expressly provided herein or by an instrument signed by City and Manager. Section 11. Miscellaneous. (a) Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and (i) delivered personally, or (ii) sent by via commercial overnight courier, addressed as shown below, or to such other addresses as the party concerned ma y substitute by written notice to the other. All notices shall be deemed received on the date of delivery. If to the City: City of San Bernardino Attn: City Manager 290 North D Street San Bernardino, CA 92401 If to Manager: Evergreen Alliance Golf Limited, LP Attn: Legal Department 4851 LBJ Freeway Suite 600 Dallas, TX 77244 The addresses and addressees may be changed by giving notice of such change in a manner provided herein for giving notice. Unless arid until such written notice is received, the last address and addressee given shall be deemed to continue in effect for all purposes. 1.b Packet Pg. 24 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 10 (b) Survival. All covenants, agreements, representations and warranties made herein shall survive the execution and delivery of (i) this Agreement, and (ii) all oth er documents and instruments to be executed and delivered In accordance herewith and shall continue in full force and effect. (c) Approvals Reasonable. Any consent or approval referred to herein (by whatever words used) of either party shall not be unreasonably withheld or delayed, and neither party shall seek or obtain any payment in connection therewith as a condition therefor. In the event that either party refuses to give its consent or approval to any request by the other, such refusing party shall indicate by written notice to the other the reason for such refusal. (d) Construction and Interpretation of Agreement. This Agreement shall he governed by and construed under the laws of the State of California. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or considering same shall not apply the presumption that the terms hereof shall be more strictly construed against a party by reason of the rule or conclusion that a document should be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement and that legal counsel was consulted by each responsible party before the execution of the Agreement. (e) Amendment and Waiver. The Agreement may not be amended or modified in any way except by an instrument in writing executed by all parties hereto; provided however, either City or Manager may, in writing, (i) extend the time for performance of any of the obligations of the other, (ii) waive any inaccuracies and representations by the other contained in this Agreement, (iii) waive compliance by the other with any of the covenants contained in this Agreement, and (iv) waive the satisfaction of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. (f) Severability. Except as expressly provided to the contrary herein, each Section, part, term or provision of this Agreement shall be considered severable, and if for any reason any Section, part, term or provision herein is determined to be invalid and contrary to or in conflict with any existing or future law or regulation by a court or agency having valid jurisdiction, such d etermination shall not impair the operation of or have any other effect on other sections, parts, terms or provisions of this Agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the parties hereto, and said invalid sections, parts, terms or provisions shall be deemed not to be a part of this Agreement. (g) Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, le gal representatives and assigns, where permitted. (h) Legal Fees. The prevailing party in any action or arbitration brought to enforce the terms of this Agreement shall be entitled to an award of its reasonable legal fees and costs. (i) Governing Document. This Agreement shall govern in the event of any inconsistency between this Agreement and any of the exhibits attached hereto. [signature page follows] 1.b Packet Pg. 25 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 1.b Packet Pg. 26 Attachment: CED.Interim Golf Course Management Agreement Final 5 20 20 (6750 : Interim Golf Course Management Agreement) 1.c Packet Pg. 27 Attachment: CED.Shandin Hills Golf Course.Attachment 2 (6750 : Interim Golf Course Management Agreement) 1.d Packet Pg. 28 Attachment: CED.Shandin Hills Golf Course.Attachment 3 (6750 : Interim Golf Course Management Agreement) 1.d Packet Pg. 29 Attachment: CED.Shandin Hills Golf Course.Attachment 3 (6750 : Interim Golf Course Management Agreement) 1.d Packet Pg. 30 Attachment: CED.Shandin Hills Golf Course.Attachment 3 (6750 : Interim Golf Course Management Agreement) 1.d Packet Pg. 31 Attachment: CED.Shandin Hills Golf Course.Attachment 3 (6750 : Interim Golf Course Management Agreement) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Resolution of the Mayor and City Council Approving the Issuance of Bonds Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Conduct a public hearing under the requirements of TEFRA and the Inter nal Revenue Code of 1986, as amended; and 2. Adopt Resolution No. 2020-108 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in a n aggregate principal amount not to exceed $55,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement, and equipping of Foothill Villas Apartments and certain other matters relating thereto. Background The Mayor and City Council are being asked to adopt a resolution that would approve the issuance of tax-exempt multi-family housing revenue bonds by Standard Foothill Venture LP, in one or more series in an aggregate principal amount not to exceed $55,000,000 (Bonds). The purpose of the Bonds is to finance the acquisition, construction and equipping of an existing 239-unit apartment complex, located at 2601 - 2675 West 2nd Street, San Bernardino. The Bonds are limited obligations of Standard Foothill Venture LP pa yable solely by the borrower and will not be direct obligations of the City of San Bernardino. Discussion The purpose of the Tax Equity and Fiscal Responsibility Act (TEFRA) hearing is to receive public comment and request approval of the financing, as required by the Internal Revenue Code of 1986, as amended. The City Clerk has properly noticed this public hearing and legal counsel has assisted in the preparation of the attached resolution for approval. 2 Packet Pg. 32 6738 Page 2 Before the Bonds can be issued as tax-exempt obligations, the City must conduct a public hearing and approve the issuance and use of the Bond proceeds pursuant to Section 147(f) of the Internal Revenue Code. The units will be affordable to households with income levels ranging from 30% to 60% of Area Median Income for a 55-year period. Approval of the bond issuance will meet the City’s goal of preserving and rehabilitating affordable housing in the community. Should the project require additional assistance, the City has budgeted $500,000 in HOME funds to assist with the rehabilitation in the form of a low interest, residual receipts loan. If the project requires the funds, approval of a HOME loan agreement would be brought before the Mayor and City Council for consideration, at a later date. 2020-2025 Key Strategic Targets and Goals Adopting the resolution for issuance of tax-exempt revenue bonds for the acquisition and rehabilitation of Foothill Villas, aligns with Key Target No. 3: Improved Quality of Life by rehabilitating existing rental housing and preserving that housing as affordable for 55 years. Fiscal Impact Adopting the resolution for issuance of tax-exempt revenue bonds by the California Municipal Finance Authority has no fiscal impact to the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended; and 2. Adopt Resolution No. 2020-108 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $55,000,000 for the purpose of financing or refinancin g the acquisition, rehabilitation, improvement, and equipping of Foothill Villas Apartments and certain other matters relating thereto. Attachments Attachment 1 Resolution No. 2020-108 Attachment 2 TEFRA Public Hearing Notice Ward: 3 Synopsis of Previous Council Actions: N/A 2 Packet Pg. 33 RESOLUTION NO. 2020-108 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTI FAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF FOOTHILL VILLAS APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Standard Foothill Venture LP (the “Borrower”) a partnership of which Standard Property Company, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $55,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 2601-2675 W. 2nd Street, San Bernardino, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of San Bernardino (the “City”) because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2.a Packet Pg. 34 Attachment: CED.TEFRA Hearing Foothill Villas.RESOLUTION (6738 : Resolution of the Mayor and City Council Approving the Issuance of Resolution No. 2020-108 SECTION 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. SECTION 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. 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 2.a Packet Pg. 35 Attachment: CED.TEFRA Hearing Foothill Villas.RESOLUTION (6738 : Resolution of the Mayor and City Council Approving the Issuance of Resolution No. 2020-108 Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney 2.a Packet Pg. 36 Attachment: CED.TEFRA Hearing Foothill Villas.RESOLUTION (6738 : Resolution of the Mayor and City Council Approving the Issuance of Resolution No. 2020-108 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 2.a Packet Pg. 37 Attachment: CED.TEFRA Hearing Foothill Villas.RESOLUTION (6738 : Resolution of the Mayor and City Council Approving the Issuance of NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF SAN BERNARDINO NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public meeting on Wednesday, June 3, 2020 at 7:00 PM via Web Conference. Visit the City’s agenda portal at http://sanbernardinocityca.iqm2.com/Citizens/default.aspx to access the livestream for the meeting. The purpose of the hearing is to consider the following item: In accordance with Section 147(f) of the Internal Revenue Code of 1986 with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the “Authority”) of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $55,000,000 in aggregate principal amount (the “Bonds”). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Standard Foothill Venture LP (the “Borrower”) or a partnership of which Standard Property Company, Inc. (the “Developer”) or a related person to the Developer is the general partner. The property is described below: Name: Foothill Villas Apartments Location: 2601-2675 W. 2nd Street, San Bernardino, California Number of units: 239 Maximum Bond Amount: $55,000,000 The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. Notice is further given that me mbers of the public who wish to comment on the question of whether or not such multifamily housing revenue bonds should be issued, 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; 2) calling 909-384-5128 and leaving a recorded message, by 4:30 P.M the day of the scheduled meeting, not to exceed three minutes, which will 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 made by (a) emailing publiccomments@SBCity.Org or (b) calling 909-384-5128 and leaving a recorded message that specifically indicates a request to speak, by 4:30 PM the day of the scheduled meeting, 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 and 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 and telephone number. Additional information concerning the above matter may be obtained from, and written com ments should be addressed to, City Clerk, City of San Bernardino, 201 North "E" Street, Building A, San Bernardino, California 92401. DATED: May 22, 2020 2.b Packet Pg. 38 Attachment: CED.TEFRA Notice of Public Hearing.ATTACHMENT 2 (6738 : Resolution of the Mayor and City Council Approving the Issuance of Page 1 Council Minutes City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Georgeann Hanna, MMC, City Clerk Subject: Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 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 meetings of March 18, 2020, April 1, 2020, and April 8, 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 18, 2020, April 1, 2020, and the Special Meeting of April 8, 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 18, 2020, April 1, 2020, and April 8, 2020. Attachments Attachment 1 Draft Minutes for March 18, 2020 Attachment 2 Draft Minutes for April 1, 2020 Attachment 3 Draft Minutes for April 8, 2020 3 Packet Pg. 39 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 18, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, March 18, 2020, in the Council Chamber, 555 West 6th Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Remote Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Remote Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Remote James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Remote Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Remote Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 3.a Packet Pg. 40 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/13/2020 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, spoke on the pending litigation against the City listed on the Closed Session agenda and the investigation related to the sexual harassment allegations against Mayor Valdivia. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Shaun Sandoval v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9915 ii. Bryce Hanes v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10135 iii. Sergio Alvarez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 140478 iv. Jesse Joyce v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9981 v. Juan Ochoa v. City of San Bernardino, Workers’ Comp. Claim No. 18-139223 vi. Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802 vii. Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, Los Angeles County Superior Court Case No. BC465755 viii. Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 ix. 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) x. 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 xii. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 xiii. 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 Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Three cases (see attached documents). INVOCATION AND PLEDGE OF ALLEGIANCE Pastor James Grant of Soldier for Christ Church led the invocation and the Pledge of Allegiance to the Flag. 3.a Packet Pg. 41 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/13/2020 CLOSED SESSION REPORT This item was heard after the public comments. The Mayor and City Council recessed into Closed Session at 5:36 p.m. City Attorney Sonia Carvalho announced that were was no reportable action taken during the Closed Session meeting. APPOINTMENTS 1. Judith Valles - Water Board Appointment - Mayor John Valdivia Recommendation Approve the at large appointment of Judith Valles to the Water Board. Ms. Valles will replace Rikke V. Johnson with the term ending May 2022. Item No. 1 was not discussed. Ms. Valles withdrew her application from consideration before the meeting of the Mayor and City Council. PRESENTATIONS 2. Chamber of Commerce & Local Elected Officials Announcements Due to the COVID-19 city closure the Chamber of Commerce Announcements were cancelled. 3. Citizen of the Month – Alan Stanly, The Enterprise Building by Mayor Pro-Tem Theodore Sanchez The Citizen of the Month presentation was postponed due to the COVID-19 city closure. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA This item was heard before the Closed Session Report. At this time, members of the public were invited to speak on items listed and items not listed on the agenda. Acting City Clerk Genoveva Rocha announced that the written comment received for the meeting had been provided to the Mayor and City Council and was also available to the public on the City's website located in the City Clerk's Office Documents. Written comments received were regarding implementing a housing moratorium during the pandemic and allowing volunteers access to the animal shelter. Councilmember Mulvihill stated he would like to introduce a motion on the housing moratorium, given its urgency. 3.a Packet Pg. 42 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/13/2020 Mayor Valdivia requested that Councilmember Mulvihill delay the discussion until the public comment portion of the agenda had concluded. Rikke Johnson, San Bernardino, spoke on his Water Board appointment and stated he felt his removal from the Water Board was out of retaliation; he also spoke on the lawsuits against the City. Sam Casey, San Bernardino, spoke on major decisions that needed to be made by the Mayor and City Council, such as the new City Manager appointment and choosing a new Police Chief. He spoke on finding out about being replaced on the Water Board and felt it was retaliation from the Mayor, and the pending litigation against the City. Christian Flores requested that the Mayor and City Council enact an urgency housing moratorium to help the community in need. At this time Councilmember Mulvihill introduced a motion: MOTION BY COUNCILMEMBER MULVIHILL, SECOND BY COUNCILMEMBER IBARRA, to direct the City Manager, given the immediacy of the problem, to compose an emergency ordinance establish a temporary moratorium on evictions and enact other protections in accordance with Executive Order N-28-20 issued by the Governor on March 16. Mayor Valdivia suggested that the request be added to Item No. 9. He informed that he had spoken with Assembly member Eloise Reyes on her request before the meeting and inquired if Councilmember Mulvihill was amenable to adding the request to Item No. 9. MOTION BY COUNCILMEMBER MULVIHILL, SECOND BY COUNCILMEMBER IBARRA, CARRIED 7-0, to add the request to Item No. 9. Sam Casey, San Bernardino, stated he was in favor of a housing displacement moratorium and thanked Councilmember Mulvihill for making the motion to add it to the agenda. Treasure Ortiz, San Bernardino, thanked Councilmember Mulvihill for making the motion to add the housing displacement moratorium on the agenda and spoke on various concerns in the City San Bernardino. Samuel Armando, San Bernardino, stated that the community was feeling scared and uncertainty he asked that the City Council think about the community when making their decisions. Tawana Whitefiled, San Bernardino, stated she was in favor of the housing moratorium and requested that the City Council approve the moratorium. Vanessa Perez, San Bernardino, stated she was in favor of the housing moratorium. Esmeralda Negrete, San Bernardino, spoke on Mayor Valdivia being advised in the past by the former Human Resources Director and City Attorney. 3.a Packet Pg. 43 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/13/2020 Emmanuel Gutierrez, San Bernardino, spoke on COVID-19 and suggested adding supplemental educational material on Channel 3. John Shollenber, San Bernardino, commended Councilmember Mulvihill on his exemplary behavior as a Councilmember. Susan Longville, Water Board Director, spoke on Water Board Commissioner Rikke Johnson and his ability to continue serving on the Water Board Commission, and she stated Mr. Johnson should be allowed to complete his term. Leticia Garcia, San Bernardino, spoke on the sexual harassment allegations against the Mayor and asked that the City Council hold him accountable. Sonya Gray-Hunn, San Bernardino, spoke on how the elected officials engaged with constituents and stated she was in favor of a housing displacement moratorium. Jose Reyz, San Bernardino, read a statement into the record regarding the Egyptian calendar. Scott Olson, San Bernardino, spoke on Governor Newsom's order, the format being used to televise the meeting and the sexual harassment allegations against the Mayor. Desiree Sanchez, Inland Regional Housing Justice Coalition, spoke on Item No. 9 and requested that the City Council approve a housing displacement moratorium. Esmeralda Vasquez, San Bernardino, read into the record the letter submitted by Senator Connie Leyva, Assembly member Eloise Gomez Reyes, and Assembly member James Ramos. STAFF REPORTS 4. City Manager Executive Recruitment Services Recommendation Adopt Resolution No. 2020-50 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Professional Services Agreement with Bob Hall & Associates, Inc., for executive recruitment services for the position of City Manager. City Manager Teri Ledoux provided an updated on this item. Councilmember Shorett requested that the City Council go with Staff's recommendation. Councilmember Ibarra stated she would be voting no on the item and informed that the City could have submitted an application for interested parties through the ICMA website which she felt would have reduced the cost for the City. 3.a Packet Pg. 44 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/13/2020 RESULT: ADOPTED [6-1] Adopted Staff’s recommendation MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Ibarra 5. Police Substation Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Police Substation Plan as outlined in this report. Acting Chief McBride provided a presentation to the City Council. Councilmember Shorett read a few excerpts from an editorial in the San Bernardino Sun into the record an editorial from the San Bernardino Sun. He stated he would support moving forward with this item during a budget discussion. He expressed his concerns regarding the Police Substation Plan and said he would not be supporting this item. Councilmember Ibarra inquired. Acting Chief McBride explained that there had been a substation at the mall in the past; he informed it was the first offer and was offered for $1, accessible to the community, and made sense geographically, which is why it was chosen. Councilmember Ibarra commented that there were other offers made to have a substation where the crime rate was higher and expressed her concern regarding the police response time in areas where the crime rate is higher. Councilmember Mulvihill inquired, and Acting Chief Police McBride informed that the substation would be staffed with a Lieutenant, Sergeant, and two officers that work as district resource officers. It would not be open to the public until they can staff the substation with a community services officer. Councilmember Mulvihill stated the item should be postponed until they received an overview of the budget. Acting Chief McBride that the report was to provide the City Council with an update of Police Substations plans and that Staff would return with a future item during the budget review that focuses on a plan to open future substations. City Manager Teri Ledoux provided clarification on what the City Council was being asked to approve. Councilmember Richard emphasized the importance of starting with one substation and in the future opening substations in the other wards. 3.a Packet Pg. 45 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/13/2020 RESULT: APPROVED [4-3] Approved Staff’s recommendation MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard NOES: Ibarra, Shorett, Mulvihill 6. Encanto Community Center, 1180 W. 9TH Street (Former Boys Girls Club of San Bernardino) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review discuss and provide direction in reference to the operation and maintenance of the Encanto Community Center located at 1180 W. 9th Street, San Bernardino, formerly known as the Boys and Girls Club of San Bernardino (BGCSB). Parks and Recreation Director Jim Tickemyer provided a presentation to the Mayor and City Council. The council discussed the importance of continuing services for the community at the center. The Mayor and City Council directed staff to continue to assess the facility, determine the capital improvements needed, and evaluate the feasibility of programming of the Encanto Community Center with City led programming. Including the staffing and resources required to provide recreational and community services in partnership with non-profit organizations that fit with the City’s adopted strategic targets and goals. RESULT: DIRECTED [7-0] The Mayor and City Council directed staff to continue to assess the facility and determine the capital improvements needed; evaluate the feasibility of programming the Encanto Community Center with City led programming, including the staffing and resources required to provide recreational and community services in partnership with non-profit organizations that fit with the City’s adopted strategic targets and goals. MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 3.a Packet Pg. 46 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/13/2020 7. Review Draft of Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing (AI) and FY 2020/21 AAP and Provide Recommendations or Comments to the Draft Documents. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the first public hearing on the review of the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing (AI) and Fiscal Year 2020/21 Annual Action Plan (AAP) and provide recommendation or comments to the draft documents. Housing Manager Gretel Noble gave a presentation on this item to the Mayor and City Council. Kristine Gaa with Consultant Michael Baker International, Inc. (MBI) provided an overview of the Consolidated Plan. Mayor Valdivia inquired; Kristine Gaa informed that the pop-up events were conducted at a high school, two farmer’s markets, and a conference call with the COC. RESULT: APPROVED [7-0] Approved as recommended. MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 8. Staffing - Office of the Mayor Recommendation Receive an update and consider options associated with the staffing in the Office of the Mayor. City Manager Teri Ledoux provided an update on this item to the Mayor and City Council. Mayor Valdivia requested that City Attorney Sonia Carvalho provide guidance to the City Council before the discussion commenced, and she informed that the Staff report provided was thorough the City Council could explore their options by going back to their former policy or re-examine the current Ordinance. Mayor Valdivia expressed his concern regarding the potential discussion on this matter, given that there was an open investigation that could jeopardize the investigation. Councilmember Sanchez introduced a motion requesting Staff to bring back a budget amendment to move all Staff from the Mayor's Office to the City Manager's Office and present amendments to job titles and duties. Councilmember Shorett introduced a substitute motion to direct Staff to return to the first 3.a Packet Pg. 47 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/13/2020 meeting in April to establish the council consent that the City Manager service as the executive to the offices of the City Council and Mayor in accordance with Charter Section 502 and further motion that in preparation of the budget hearing coming up for FY 20/21 direct staff to propose a reduction in staffing in the Mayor's Office to a single position. The title and scope of that position should be determined by the Mayor and City Manager and should be informed by the limited duties of the Mayor pursuant to chapter section 303. Councilmember Sanchez expressed his concern regarding the proposed motion of the City Manager overseeing the Office of the City Council staff. City Attorney Sonia Carvalho explained that the discussion was to consider options associated with the staffing in the Office of the Mayor. She stated that the wording allows them to have a broad discussion. They could direct Staff to bring an item back for consideration at a future meeting once properly noticed. Councilmember Nickel seconded Councilmember Shorett's motion. Mayor Valdivia stated that he would continue to need an Executive Assistant to assist him with meeting preparation for the regional boards. The Mayor and City Council continued discussion and expressed their concerns regarding staffing in the Mayor's Office. RESULT: DIRECTED [4-3] The City Council requested a budget amendment that would reflect moving all staff positions with the exception of one position from the Office of the Mayor the City Manager’s Office MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard NOES: Ibarra, Shorett, Mulvihill 9. Adopt a Resolution Ratifying Proclamation No. 2020-01 and Proclaiming the Existence of a Local Emergency Recommendation Adopt Resolution No. 2020-51 of the Mayor and City Council of the City of San Bernardino, California, ratifying Proclamation No. 2020-01 and proclaiming the existence of a local emergency. City Manager Teri Ledoux provided an update to the Mayor and City Council regarding the proposed resolution and the protective measures taken by the City to keep Staff and residents safe while continuing to provide services to the public. Mayor Valdivia thanked City Manager Teri Ledoux and her team for the protective measures taken. He commented that the Mayor and City Council were working to take care of the community and keep the community intact during the pandemic. 3.a Packet Pg. 48 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/13/2020 RESULT: ADOPTED [7-0] The Mayor and City Council approved Staff’s recommendation and directed adding a clause to the resolution where the City Manager is expressly authorized to establish a temporary moratorium on evictions and enact other protections in accordance with Executive Order N-28-20 issued by the Governor on March 16, 2020. MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None PUBLIC HEARINGS 10. First Reading of Ordinance No. MC-1531 for Sign Regulations Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Introduce for first reading, Ordinance No. MC-1531 of the Mayor and City Council of the City of San Bernardino, California, adopting the Negative Declaration and approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code (Attachment 1); 2) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on April 1, 2020. RESULT: City Manager Teri Ledoux requested that the City Council consent to tabling Item No. 10 to a future meeting to be determined. There were no objections from the Mayor and City Council. CONSENT CALENDAR RESULT: APPROVED [7-0] All items under the Consent Calendar were unanimously approved. MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. November 2019, January 2020, and February 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City Board, Commission, and Citizen Advisory Committee meetings, approved in January and February 2020. 3.a Packet Pg. 49 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/13/2020 12. Approval of Commercial and Payroll Disbursements for February 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for February 2020. 13. Award of a Professional Service Agreement to ITERIS for the Implementation of Advanced Dilemma Zone Detection at 49 Signalized Intersections (TC20-008) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-47: 1. Accepting Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the total award amount of $4,341,400; and 2. Approving the award of a Professional Service Agreement (“Agreement”) with ITERIS, of Santa Ana, California, in the amount of $339,947 to perform design services for Implementation of Advanced Dilemma Zone Detection at 49 Signalized Intersections (TC20-008) (“Project’); and 3. Authorizing the City Manager to execute the Agreement; and 4. Authorizing the Director of Finance to issue a purchase order in support of the Agreement. 14. Award of Professional Service Agreement for Upgrades to Various Signal Hardware at 224 Signalized Intersections on Various Arterials (TC20-007) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-48: 1. Accepting Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the total award amount of $5,490,800; and 2. Approving the award of a Professional Service Agreement (“Agreement”) with Kimley-Horn and Associates, Inc., of Riverside, California, in the amount of $596,534.25 to perform design services for Upgrades to Various Signal Hardware at 224 Signalized Intersections on Various Arterials (TC20-007) (“Project”); and 3. Authorizing the City Manager to execute the Agreement; and 4. Authorizing the Director of Finance to issue a Purchase Order in support of the Agreement. 3.a Packet Pg. 50 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda March 18, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 5/13/2020 15. 2nd Street Bridge Replacement at Warm Creek - First Amendment to Right of Way Services Agreement with Overland Pacific Cutler, LLC Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-49: 1. Approving the First Amendment to Consultant Services Agreement with Overland Pacific Cutler, LLC in the amount of $4,100 for a total Agreement amount of $64,037; and 2. Extending the contract term to June 30, 2021; and 3. Authorizing the Director of Finance to record a budget adjustment for the 2nd Street Bridge Replacement Project, in an amount not to exceed $4,100, in the Regional Development Impact Fee (DIF) Fund No. 264. ITEMS TO BE REFERRED TO COMMITTEE At this time, Councilmember Ibarra requested a staff report outlining the expenses related to installing street sweeping signs and Councilmembers Sanchez and Mulvihill stated there were in agreement and preferred the update prior to the budget overview meeting. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, March 18, 2020 at 10:02 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, April 1, 2020, via web conference. 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 3.a Packet Pg. 51 Attachment: 03-18-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) 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, APRIL 1, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by on Wednesday, April 1, 2020, via Web-Conference. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 3.b Packet Pg. 52 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/27/2020 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, commented on the existing litigation, specifically Pepe’s towing and Andrea Miller, and requested that the City Council settle these cases to avoid going to court. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. 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) ii. 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 iii. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 iv. 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) v. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1926878 (B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: i. Property Address: 140 West 13th Street - APN 0146-193-17-0000 Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: Neighborhood Housing Services Inland Empire Under Negotiation: Price and Terms of Payment INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia led the invocation and Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that the Mayor and City Council were provided an update on pending litigation. It was reported that the City Council unanimously offered a settlement agreement to former City Manager Andrea Miller. They settled the case for the severance package that she was due under her contract for a total sum of $750,000. City Attorney Sonia Carvalho later announced that Item B-I Conference with Real Property Negotiators had been discussed. The City Council voted 6-0, and that Councilmember Ibarra recused herself from this item due to NHSIE being her employer. 3.b Packet Pg. 53 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/27/2020 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Acting City Clerk Genoveva Rocha announced that the written comments submitted for the meeting had been provided to the City Council and posted on the City’s website in the City Clerk Office documents in the meeting date folder. Paige Miller thanked the first responders and essential workers for everything that they were doing during this pandemic; she requested that the City provide an update on the animal shelter expenditures that were approved. Treasure Ortiz, San Bernardino, expressed her concern regarding the expenses generated by the claims filed against the City and Mayor John Valdivia; she requested that the City Council take action and protect the residents. Farouke Aldi, San Bernardino, spoke on his concerns regarding a towing company that is repeatedly towing his vehicle and the accumulated costs involved with recovering his vehicle from the tow yard. Councilmember Nickel read a letter into the record submitted by Lynne Wear, Joyce P. Seeger, and Amelia Lopez. PUBLIC HEARINGS 1. Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 (Hillwood - 1494 S. Waterman Avenue) Recommendation It is recommended that the Mayor and City Council conduct a Public Hearing and adopt Resolution No. 2020-53 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 amending Condition of Approval No. 9 relating to the landscape medians for the project located at 1494 S. Waterman Avenue (APN: 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18) within the Industrial Light (IL) zone; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 1). Mayor John Valdivia opened the public hearing at 7:24 p.m. Public Works Director Kristen Jensen provided an update to the Mayor and City Council. Acting City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Councilmember Sanchez inquired, and Ms. Jensen confirmed that the sole funding would come from the taxes being imposed on the property owner in that district. Councilmember Shorett requested that language be modified to read as services are being provided instead of long term. 3.b Packet Pg. 54 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/27/2020 Councilmember Figueroa inquired how services provided were defined, and Shane Spicer of Spicer Consulting informed that the intent would be to provide maintenance throughout that fiscal year. Councilmember Figueroa commented that the Council had initially discussed this item on October 2, 2019, and the action taken was to table the item. He asked how the item was brought back for consideration since there had not been any action taken to un-table the item. Public Works Director Kristen Jensen informed she had requested to have the item brought back for consideration. Councilmember Figueroa expressed his concern regarding the maintenance of the medians in the project area and the ability to connect to the water lines. Ms. Jensen informed that the medians in front of their property and all of the medians that were improved through the development of the project would be maintained as long as the City was servicing them because the City owns the right-of-way. Regarding the water lines, she informed explained that a connection to the waterlines was successful. Councilmember Figueroa stated his position was that the original agreement should be upheld. Councilmember Ibarra inquired, and Shane Spicer informed that using the LMD would require that the City would have a portion of the funds come out of the General Fund by using the CFD model the entire burden of the maintenance cost would be placed on the property for the maintenance, and no money would be required by the City to use out of the General Fund. The public hearing was closed at 7:45 p.m. RESULT: [6-1] Adopted Resolution No. 2020-53 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 amending Condition of Approval No. 9 relating to the landscape medians for the project located at 1494 S. Waterman Avenue (APN: 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18) within the Industrial Light (IL) zone; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 1) with a request to modify the language to read “as services provided” instead of long term MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill NOES: Figueroa 3.b Packet Pg. 55 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/27/2020 2. Addendum to Final Environmental Impact Report, Specific Plan Amendment 19-01 and Development Permit Type-P 19-06 - I. E. Hub Center Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Introduce, read by title only, and waive further reading of Ordinance No. MC- 1532, adopting the Addendum to the Final Environmental Impact Report and approving Specific Plan Amendment 19-01 to change the Waterman + Baseline Neighborhood Transformation Specific Plan Land Use Zone from Neighborhood Residential to Employment that includes three (3) parcels (APN: 0278-051-08, 17 and 24) containing a total of approximately 15.39 acres located at 1066 N. Tippecanoe Avenue (Attachment 1); and 2) Adopt Resolution No. 2020-59 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-P 19-06 allowing the development, establishment and operation of a truck and trailer service and storage facility on a project site containing approximately 15.39 acres located at 1066 N. Tippecanoe Avenue (APN: 0278-051-08, 17 and 24) within the Waterman + Baseline Neighborhood Transformation Specific Plan Employment Land Use Zone, pursuant to an Addendum to the Final Environmental Impact Report (Attachment 2); and 3) Schedule the second reading and adoption of the above mentioned Ordinance No. MC-1532 for the regularly scheduled meeting of the Mayor and City Council on April 15, 2020. Mayor Valdivia opened the Public Hearing at 7:46 p.m. Community and Economic Development Director Michael Huntley informed that Planning Manager Oliver Mujica would be providing the presentation to the Mayor and City Council. Acting City Clerk Genoveva Rocha informed that were no requests to speak received for this item. The Mayor and Councilmembers Mulvihill and Shorett discussed the landscaping plan for the project, and Mr. Mujica explained that the City Council could amend the condition to include the forty-eight-inch box and forty-five feet on center on the northern boundary. Councilmember Figueroa inquired, and Mr. Mujica informed that the proposed project would not introduce new significant environmental impacts beyond those analyzed in the previous final Environmental Impact Report. He confirmed that the site would be for storing trucks. Councilmember Ibarra expressed her concern over the number of semi-trucks driving on Tippecanoe and the damage that would cause to the City’s streets. 3.b Packet Pg. 56 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/27/2020 The public hearing was closed at 8:01 p.m. RESULT: Adopted [6-1] Approved Staff’s recommendation and amending the condition to include the forty-eight inch box and forty-five feet on center on the northern boundary. MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Ibarra CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a council or staff member has pulled the item for more discussion. RESULT: APPROVE THE CONSENT CALENDAR AND PULL ITEM NO. 8 Adopted [7- 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 3. Resolution Confirming City Manager's Executive Orders Recommendation Adopt Resolution No. 2020-52 of the Mayor and City Council of the City of San Bernardino, California, confirming the City Manager's Executive Orders pursuant to Municipal Code 2.46.090. 4. Adopt a Resolution to Approve the First Amendment to Consultant Services Agreement with Paragon Partners, Ltd. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-54 authorizing the City Manager to execute the First Amendment to the Consultant Services Agreement with Paragon Partners, Ltd., extending their contract term to December 30, 2021. 5. Award of Professional Services Agreement for District Formation, Annexation and Consulting Services Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-55, approving the award of a Professional Services Agreement (“Agreement”) with Spicer Consulting Group of Temecula, California for a three year term through June 30, 2023, and in a total Agreement amount not to exceed $316,018; authorizing the City Manager to execute all documents in support of the Agreement; and authorizing the Director of Finance to issue a purchase order in an amount of $96,000 for Fiscal Year 2019/20. 3.b Packet Pg. 57 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/27/2020 6. Stop Sign Installation at Three Locations Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-56, amending Resolution No. 655 entitled, in part, “A Resolution… designates certain streets or portions thereof as through highway…” and directing staff to install stop signs at the following three intersections: 1. 44th /41st Streets and “F” Street /1st Avenue (4-way) 2. Spruce Street and Chestnut Avenue (4-way) 3. Roberds Avenue and Vine Street (2-way) 7. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 2, Tax Zone No. 3 (PM 19814) APN 0141-431-24 Recommendation Adopt Resolution No. 2020-57 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 2) and authorizing the levy of special taxes therein. 8. Cooperative Funding Agreement with the City of Redlands for Mountain Avenue Resurfacing Project. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-58: 1. Approving the Cooperative Funding Agreement with the City of Redlands for Mountain View Avenue Resurfacing Project; and 2. Amending the FY 2019/20 Capital Improvement Program Fund to include the Mountain View Avenue Resurfacing Project; and 3. Authorizing the Director of Finance to establish project budget in the amount of $84,400 in Measure I Fund (Fund 129). Councilmember Figueroa requested that this item be pulled for discussion. Councilmember Figueroa requested that enforcement be increased in the area of Mount Avenue due to the number of semi-trucks that continue to travel north through residential areas despite the signage not to proceed. 3.b Packet Pg. 58 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/27/2020 RESULT: Adopted [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None ITEMS TO BE REFERRED TO COMMITTEE The Mayor stated that he had a conversation with Supervisor Gonzalez, where he expressed his concern and apprehensions regarding the hotel built and that he, along with the City Manager, would work to provide alternate options. He suggested that each City in the County have the opportunity to provide one hotel in their communities to house their homeless population. Councilmember Nickel requested a COVID-19 Update and directed the City Manager to make it clear to the County that the City opposes housing the homeless for all of San Bernardino County, and that the homeless be housed equally throughout the County. The Mayor and City Council continued their discussion regarding housing the homeless and agreed that the City was willing to help the County; however, they expressed the need for other cities throughout the County to help with housing the homeless population during the COVID-19 pandemic. Councilmember Sanchez requested that the City Council direct the City Manager, City Attorney, and Police Chief to draft a letter to the County expressing the City’s concerns regarding housing the homeless population for the County of San Bernardino. Councilmember Mulvihill requested a financial report on the impact that the COVID-19 pandemic has had on the City. City Manager Teri Ledoux informed that Staff was currently working on providing an update. Councilmember Ibarra inquired on the recruitment for the Animal Shelter Director and requested that the job search be reopened if a qualified applicant was not found. City Manager Teri Ledoux explained that during the recruitment, they were unable to find a qualified candidate, and the City was hiring a recruiter to start the process again. Councilmember Figueroa stated he would second Councilmember Ibarra’s request and requested that the City, along with the recruiter, post the recruitment. There was no objection from the City Council. Councilmember Sanchez requested that Staff prepare an ordinance appointing the City Manager as the Executive overseeing Staff for the Offices of the City Attorney, City Clerk, and Mayor. Councilmember Shorett stated he was unsure of including the City Attorney and City Clerk Offices but would include the Office of the City Council. 3.b Packet Pg. 59 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Regular Meeting Agenda April 1, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/27/2020 City Manager Teri Ledoux commented that she understood the concern regarding the Staff in the City Attorney's Office since it was no longer an elected position. She reminded the City Council that the City Clerk position was now appointed and that they would soon be conducting interviews to make an appointment; therefore, it would make sense for the City Clerk to oversee the Staff in their department. Councilmember Sanchez amended his request to only include the Offices of the City Attorney, City Council, and Mayor. Councilmember Mulvihill stated he supported Councilmember Sanchez's request. Mayor Valdivia thanked City Staff for enduring the challenges brought on by the COVID- 19 pandemic. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, April 1, 2020, at 8:27 p.m. A Special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, April 8, 2020 via web-conference. Open Session will begin at 5:30 p.m. BY: Genoveva Rocha, CMC Acting City Clerk 3.b Packet Pg. 60 Attachment: 04-01-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 8, 2020 5:30 PM The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, April 8, 2020, in the Web-Conference. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 3.c Packet Pg. 61 Attachment: 04-08-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Special Meeting Agenda April 8, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/15/2020 INVOCATION AND PLEDGE OF ALLEGIANCE Mayor John Valdivia led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA There were no public comments submitted for the Special Meeting of the Mayor and City Council. STAFF REPORT 1. Mt. Vernon Bridge Replacement Project Funding Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve use of future year Measure I Major Street Project Program/Arterial Sub- program funds to ensure full funding commitment to the City’s share of the Mt. Vernon Bridge Replacement Project; and 2. Authorize and direct the City Manager to submit a request to the San Bernardino County Transportation Authority (SBCTA) allowing the City to leverage up to a five-year advance of Measure I Major Street Project Program/Arterial Sub- program funds and execute any documents required for the request; and 3. Direct staff to return to a future meeting with an Amendment to the Cooperative Funding Agreement for review and approval. City Manager Teri Ledoux informed that Public Works Director Kristen Jensen and Alex Qishta Deputy Public Works Director would be providing a presentation to the Mayor and City Council. Public Works Director Kristen Jensen informed that Staff was looking for a commitment from the City Council after having reviewed the new impacts and increases in the cost of the project that the City would be willing to leverage five years of the Measure I arterial funds through SBCTA to cover the additional funding needs of the project. Mayor Valdivia asked, and Ms. Jensen confirmed that the requested amount was ten million to cover additional costs. Councilmember Mulvihill inquired, and Mr. Qishta informed the Measure I Arterial funds were used for various street projects such as the 40th Street Widening, State Street Extension, F Street Widening, Mt. Vernon Bridge, and 5th Street Rehabilitation. Staff confirmed that if the funds are transferred, the projects mentioned would not be affected. Ray Wolfe, of the San Bernardino County Transportation Authority(SBCTA), informed that the SBCTA was tracking the impact of COVID-19 pandemic on funding. He stated that as long the curve could be flattened, the economy would correct itself in a few months. 3.c Packet Pg. 62 Attachment: 04-08-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Special Meeting Agenda April 8, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/15/2020 Councilmember Ibarra inquired, and Ms. Jensen informed that the project cost came in higher than initially anticipated. Councilmember Figueroa motioned to approve the item and commented that the project was long overdue and spoke on the bridge's unsafe conditions. Ray Wolfe spoke on the urgency of moving forward with the project due to the risks associated with the bridge condition. Councilmember Nickel asked, and Paula Beauchamp, of SBCTA and Director of Project Delivery and Toll Operations, explained why the cost of the right-of-way was expensive. Councilmember Richard inquired, and Ms. Jensen confirmed that the street projects mentioned by Mr. Qishta would not be impacted. Mayor Valdivia thanked the Public Works and the SBCTA Staff that have worked on the project. RESULT: Approved as recommended [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None ADJOURNMENT The Special Meeting of the Mayor and City council was adjourned at 6:01 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, April 15, 2020 via web-conference. 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 3.c Packet Pg. 63 Attachment: 04-08-2020 Draft Minutes (6760 : Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Ordinance No. MC-1531 Sign Regulations Update Recommendation Accept for final reading and adopt Ordinance No. MC -1531 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. Background On May 20, 2020, the Mayor and City Council conducted a public hearing on Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. 2020-2025 Key Strategic Targets and Goals Development Code Amendment 19-04 aligns with Key Target No. 3: Improved Quality of Life. The Comprehensive Sign Code Update will ensure clear regulations that are easy to understand and enforce, are compliant with current laws and emergent technology. The new regulations will also allow for enough flexibility to encourage creative design, and the preservation of iconic signage throughout the City that will preserve and enhance the aesthetics of the City's built environment. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept for final reading and adopt Ordinance No. MC-1531, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. Attachments Attachment 1 Ordinance MC-1531 Approving Development Code Amendment 19-04 Attachment 2 Exhibit “A” - Sign Regulations; Exhibit “B” - Property Development Standards 4 Packet Pg. 64 Ordinance No. MC-1531 1 ORDINANCE NO. MC-1531 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AND APPROVING DEVELOPMENT CODE AMENDMENT 19-04 UPDATING CHAPTER 19.22 (SIGN REGULATIONS) AND AMENDING CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE WHEREAS, Development Code Amendment 19-04 is a city-initiated request to update Chapter 19.22 (Sign Regulations) and amend Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code (SBMC Title 19); and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 19-04 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15074, preparation of a Negative Declaration was the appropriate environmental review procedure under CEQA, because there are no potential significant impacts of the Project; and WHEREAS, a Mitigated Negative Declaration (“ND”) was prepared for the Project; and WHEREAS, on December 19, 2019, in accordance with State CEQA Guidelines Section 15072(d), the NOI was also posted by the Clerk for the County of San Bernardino Board of Supervisors to begin the 20-day public review period; and WHEREAS, on January 14, 2020, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2020-006 recommending the adoption of the Negative Declaration, and the approval of Development Code Amendment 19-04 to the Mayor and City Council; and WHEREAS, notice of the May 20, 2020 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on May 9, 2020, in accordance with Development Code Chapter 19.52 (Hearings and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the ND or additional environmental review under State CEQA Guidelines Section 15073.5; and 4.a Packet Pg. 65 Attachment: CED.Sign Ordiancne 1531 [Revision 1] (6643 : Ordinance No. MC-1531 Sign Regulations Update) Ordinance No. MC-1531 2 WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 19-04; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Negative Declaration, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3. Adoption of the Negative Declaration. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Negative Declaration for the Project. SECTION 4. Finding of Facts – Development Code Amendment 19-04 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment is consistent with the General Plan goals and policies including the following: General Plan Land Use Element Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. General Plan Land Use Element Goal 2.3: Create and enhance dynamic, recognizable places for San Bernardino’s, residents, employees, and visitors. General Plan Land Use Element Goal 2.5: Enhance the aesthetic quality of land uses and structures in San Bernardino. General Plan Economic Development Element Goal 4.15: Expand on historic and natural assets to attract recreational visitors. General Plan Community Design Element Goal 5.1: Create conspicuous gateways at key points in the community to identify and distinguish San Bernardino. 4.a Packet Pg. 66 Attachment: CED.Sign Ordiancne 1531 [Revision 1] (6643 : Ordinance No. MC-1531 Sign Regulations Update) Ordinance No. MC-1531 3 General Plan Community Design Element Policy 5.1.1: Provide improvements along streets at the City boundary that clearly identify major entries to the City. Such improvements may include signage, landscaping, vertical pylons, and/or other distinctive treatments. General Plan Community Design Element Policy 5.2.6: Ensure implementation of sign regulations, which address issues of scale, type, design, materials, placement, compatibility, and maintenance. General Plan Community Design Element Policy 5.7.4: The size, colors, type, materials, and design of signs shall be related the scale of the building or development and its relation to the street. General Plan Historical and Archeological Resources Element Policy 11.1.8: Continue to develop design standards for commercial areas, similar to those in the Main Street Overlay District, which promotes the removal of tacked-on facades and inappropriate signage, the restoration of original facades, and designs that complement the historic pattern. The purpose of the Comprehensive Sign Code Update is to protect the general public health, safety, welfare, and aesthetics of the community, and to promote the goals and policies of the General Plan addressing issues of scale, type, design, materials, placement, and compatibility of signs, as well as the relationship of signs to both the scale of the buildings and to the street. Additionally, the amendment to Chapter 19.20 (Property Development Standards) proposes to include a more clear and concise definition and graphic for the "Traffic Safety Sight Area" to ensure that new signage will not create traffic safety impacts. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: Development Code Amendment 19-04 proposes to update Chapter 19.22 (Sign Regulations) and amend Chapter 19.20 (Property Development Standards) in order to establish clear regulations for the review process, permitting, installation, maintenance and operation of signs in compliance with all local, state, and federal regulations to ensure the protection of the public health, safety, convenience, welfare and aesthetics of the City. SECTION 5. Development Code Amendment 19-04 to update Chapter 19.22 (Sign Regulations) and amend Chapter 19.20 (Property Development Standards), attached hereto and incorporated herein by reference as Exhibits “A” and “B”, is hereby approved. 4.a Packet Pg. 67 Attachment: CED.Sign Ordiancne 1531 [Revision 1] (6643 : Ordinance No. MC-1531 Sign Regulations Update) Ordinance No. MC-1531 4 SECTION 6. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 9. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2020. John Valdivia, Mayor City of San Bernardino Attest: ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney 4.a Packet Pg. 68 Attachment: CED.Sign Ordiancne 1531 [Revision 1] (6643 : Ordinance No. MC-1531 Sign Regulations Update) Ordinance No. MC-1531 5 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-1531, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2020 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2020. Genoveva Rocha, CMC, Acting City Clerk 4.a Packet Pg. 69 Attachment: CED.Sign Ordiancne 1531 [Revision 1] (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-1 May 2020 CHAPTER 19.22 SIGN REGULATIONS Section Page 19.22.010 Purpose ........................................................................................................ III-19.22-1 19.22.020 Applicability ................................................................................................ III-19.22-2 19.22.030 General Requirements for All Signs ........................................................... III-19.22-6 19.22.040 Prohibited Signs ......................................................................................... III-19.22-11 19.22.050 Design Principles ........................................................................................ III-19.22-12 19.22.060 Sign Permit and Sign Program Requirements ........................................... III-19.22-13 19.22.070 Permanent Signs ......................................................................................... III-19.22-21 19.22.080 Temporary Signs ........................................................................................ III-19.22-33 19.22.090 General Advertising Signs (Billboards) .................................................... III-19.22-37 19.22.100 Nonconforming Signs ................................................................................ III-19.22-39 19.22.110 Enforcement ............................................................................................... III-19.22-40 19.22.120 Signs on Public Property ............................................................................ III-19.22-41 19.22.130 Definitions .................................................................................................. III-19.22-42 Tables 22.01 Exempt Signs with Limitations (Do Not Require Permit) ......................... III-19.22-4 22.02 Responsible Review Authority .................................................................. III-19.22-13 22.03 Residential Zones ....................................................................................... III-19.22-21 22.04 Commercial Zones ..................................................................................... III-19.22-22 22.05 Industrial Zones .......................................................................................... III-19.22-23 22.06 Public and Quasi-Public Zones .................................................................. III-19.22-24 22.07 Temporary Sign Standards for Non-Residential Zones ............................ III-19.22-34 19.22.010 PURPOSE This Chapter provides a comprehensive system of reasonable, effective, consistent, and content- neutral sign standards and requirements to: A.Protect the general public health, safety, welfare, and aesthetics of the community. B.Promote and accomplish the goals, policies, and measures of the General Plan, including, but not limited to, addressing issues of scale, type, design, materials, placement, compatibility, and maintenance of signs (Community Design Policy 5.2.6) and the relationship of signs to both the scale of the buildings and to the street (Community Design Policy 5.7.4). C.Allow businesses, institutions, and individuals to exercise their right to free speech by displaying a message or image on a sign, and to allow audiences to receive such information. EXHIBIT A 4.b Packet Pg. 70 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-2 May 2020 D. Preserve and improve the appearance of and property values in the City of San Bernardino, and protect the City from the visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, color, illumination, and maintenance of signs. E. Encourage the use of signs that provide direction and aid orientation for businesses and activities to enhance their economic value to the community and local businesses. F. Require that signs are designed, constructed, installed, and maintained in a manner that promotes public safety and traffic safety. G. Comply with the requirements of the Americans with Disabilities Act (ADA) and keep public rights-of-way clear and open to all. H. Comply with the requirements of the Federal Highway Beautification Act (Section 23 of USC Title 131 [Highways Code]) and the Outdoor Advertising Act (Chapter 2 in the California Business and Professions Code). I. Encourage signs that are well designed and pleasing in appearance, and provide incentive and latitude for variety, good design relationship, spacing, and location. J. Promote signs that identify businesses and premises without confusion through clear and unambiguous sign standards that enable fair and consistent enforcement. 19.22.020 APPLICABILITY A. Applicability. 1. This Chapter 19.22 applies to all signs within the City of San Bernardino unless specifically exempted herein. 2. The number and area of signs set forth in this Chapter are intended to be the base standards. In addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community. 3. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on City of San Bernardino property that is open to the public, as long as the person holding the sign does not block ingress and egress from buildings; create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails; or violate any other reasonable time, place, and manner restrictions adopted by the City of San Bernardino. B. Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Chapter. 4.b Packet Pg. 71 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-3 May 2020 C. Exemptions. The following sign types are expressly exempted from the Sign Permit requirements of this Chapter and shall not count toward cumulative allowable sign area, but must satisfy all other permit requirements when applicable (e.g., Building, Electrical, Plumbing, Grading, Encroachment, etc.): 1. Exempt Signs without Limitations. The following signs are exempt from the provisions of this Chapter so long as they do not constitute a General Advertising Sign: a. Non-signs. All devices that are excluded from the definition of a "Sign." b. Message Substitution. Conforming signs on which the message is changed, but such message substitution does not alter the sign size, height, location, or illumination. This provision does not authorize the conversion of an existing legal sign to a General Advertising Sign (Billboard) or to a digital display. c. Interior Graphics or Signage. Signs or displays within a structure and not visible (meaning capable of being seen, regardless of actually being read) by the public from any public right-of-way or publicly accessible area. d. Plaques. Tablets and plaques installed by the City of San Bernardino, or by a State, Federal, or County recognized historical organization exempt from Federal taxation under Section 501 of USC Title 26 (IRS Code) that are no larger than six square feet, or signs authorized and installed by City, County, State, or Federal agencies on public owned lands. e. Equipment Signs. Signs incorporated into permitted displays, machinery, or equipment by a manufacturer, distributor, or vendor and identifying or advertising only the product or service dispensed by the machine or equipment, such as signs customarily fixed to automated teller machines (ATMs), vending machines, and gasoline pumps. f. Official Notices. Any sign, posting, notice, or similar sign issued, installed, placed, or required by law by the City of San Bernardino, County of San Bernardino, or a Federal or State governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including but not limited to the following: (1) Emergency and warning signs necessary for public safety or civil defense; (2) Legal notices posted pursuant to law or court order; (3) Traffic, railroad, utility, and parking signs erected and maintained by an authorized public agency or approved by an authorized public agency; (4) Direction, warning, or information signs required or authorized to be displayed by law; (5) Numerals and lettering identifying the address from the street to facilitate emergency response and compliant with City of San Bernardino requirements; 4.b Packet Pg. 72 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-4 May 2020 (6) Signs erected by a government agency directing the public to points of interest; (7) Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8880 et seq.; and (8) Motor vehicle fuel pricing signs, as required by State law, which identify the brand, types, octane rating, etc., of motor vehicle fuel for sale (Sections 13470 and 13530 of the Business and Professional Code). While exempt, the City of San Bernardino may review and approve motor vehicle fuel pricing signs to confirm design requirements for permanent or temporary placement and approval provisions listed herein. g. Flags. Flags, as defined herein, located on poles up to 75 feet in height and not subject to the Temporary Signs standards. Pennants, Banner Signs, Feather Signs, strings of ornamental fringes and streamers are not included in this exemption and are regulated under Section 19.22.080. 2. Exempt Signs with Limitations. The following Signs are exempt from Sign Permit requirements if they meet the size, height, duration, maximum number limitations, and any additional requirements set forth in Table 22.01, so long as they do not constitute a General Advertising Sign: Table 22.01 Exempt Signs with Limitations (do not require permit) Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Additional Requirements a. Window Signs N/A 25% of the total window glass area of the building frontage N/A See Section 19.22.070(B)(9). b. Yard Signs on property undergoing construction or remodeling (on sites less than 5 acres in size) 1 sign per street frontage 32 sf 8 ft Such signs shall be removed prior to issuance of a Certificate of Occupancy or within 7 days after the sale/rental of the last unit in the project/subdivision, as applicable. See Section 19.22.080(B) and (D). c. Yard Signs on property undergoing construction or remodeling (on sites 5 acres or more in size) 1 sign per street frontage 76 sf 12 ft d. Yard Signs on residential property that is offered for sale, lease, or rental 1 sign per street frontage 8 sf 5 ft Such on-site signs shall be removed within 7 days after the close of escrow, rental, or lease of the property. Each dwelling may place up to 6 off-site Temporary Signs on private property for the purpose of directing the public to a residential activity (e.g., real estate open house). Said signs may be posted for no more than 48 hours and shall be removed within 6 hours of the end of the event. See Section 19.22.080(B) and (D). 4.b Packet Pg. 73 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-5 May 2020 Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Additional Requirements e. Signs on non-residential property that is offered for sale, lease, or rental 1 per street frontage 32 sf 8 ft Such signs may be freestanding (located in a yard) or mounted in a window or on a wall. Such signs shall be removed within 7 days after the close of escrow, rental, or lease of the property. See Section 19.22.080(B) and (D). f. Yard Signs on private property where there is a garage, yard, estate sale, or community garden/agricultural produce sale taking place 1 per street frontage 6 sf 5 ft Such on-site signs shall be removed within 7 days after the close of the sale. Each dwelling may place up to 6 off-site Temporary Signs on private property for the purpose of directing the public to a residential activity (e.g. garage/yard sale, estate sale). Said signs may be posted for no more than 48 hours and shall be removed within 6 hours of the end of the event. See Section 19.22.080(B) and (D). g. Wall Signs at Entrances to Non-Residential Businesses N/A 4 sf (total aggregate) N/A Such signs shall not be illuminated unless located within the Main Street Overlay Zone and shall be placed on a window or wall near the primary and/or secondary business entrance. See Section 19.22.070(B)(8). h. Commercial Mascots N/A N/A N/A Commercial Mascots shall not impede pedestrian or vehicular access. Commercial Mascots shall be located on the property for which the service or product that is being advertised is located. i. Suspended Signs One per entrance 6 sf N/A See Section 19.22.070(B)(7). j. Temporary signs displaying noncommercial messages N/A 24 sf Such signs shall not project above the roofline of any structure. Signs erected for and associated with particular events shall be removed within 7 days following the event. Up to 6 off-site Temporary Signs may be placed on private property for the purpose of directing the public to a noncommercial activity. Said signs may be posted for no more than 48 hours and shall be removed within 6 hours of the end of the event. See Section 19.22.080(B) and (D). 4.b Packet Pg. 74 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-6 May 2020 19.22.030 GENERAL REQUIREMENTS FOR ALL SIGNS Except as otherwise indicated, the following requirements shall apply to all signs in the City of San Bernardino: A. Sign Message and Substitution. Any sign may contain commercial and/or noncommercial message. Subject to the property owner's consent, a constitutionally protected noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized in compliance with this Chapter, without consideration of message content. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is authorized in compliance with this Chapter, as determined by the Community and Economic Development Director, without consideration of message content. This provision does not create a right to increase the total number of signs on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device or location; and does not authorize the conversion of an existing sign to a General Advertising Sign. B. Interpretations by Community and Economic Development Director. 1. Authority of Director to Interpret; Referral to Commission. Whenever the Community and Economic Development Director determines that the meaning or applicability of any of the requirements of this Chapter is subject to interpretation generally, or as applied to a specific case, the Community and Economic Development Director may issue an official interpretation or refer the question to the Planning Commission for determination. 2. Request for Interpretation. Any party may file a request for an interpretation or determination of this Chapter with the Community and Economic Development Director and shall include with such request the specific provisions in question and any other information necessary to assist the Community and Economic Development Director in the review. 3. Record of Interpretation. All interpretations and determinations by the Community and Economic Development Director and Planning Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept. 4. Appeals. Any interpretation of this Chapter by the Community and Economic Development Director or Planning Commission may be appealed in compliance with Chapter 9.94. 4.b Packet Pg. 75 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-7 May 2020 5. Content Neutrality. Interpretations of the requirements of this Chapter shall be exercised in light of the City of San Bernardino’s content neutrality policy. 6. Sign Type. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a “structure” as defined in the California Building Code, then the Community and Economic Development Director shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this Chapter. C. Content Neutrality. It is the City of San Bernardino’s policy to regulate signs in a constitutional manner that is content neutral with respect to both noncommercial and commercial messages. For the purposes of this Chapter, a content-neutral regulation is a so- called “time, place, or manner” regulation, which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed or conveyed. D. Vehicle Visibility Triangle: No sign, permanent or temporary, flag, flagpole, etc. shall be erected within the Traffic Safety Sight Area, as indicated in Section 19.20.030.29. E. Sign Removal or Replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed, and any electrical components shall be removed and/or capped and any resulting holes filled. Affected building surfaces shall be restored to match the adjacent portion of the building. F. Materials and Mounting Required. 1. Materials. Signs shall be made of sturdy, durable materials capable of withstanding weathering over the life of the sign with reasonable maintenance. Paper, fabric, plywood, and other materials subject to rapid deterioration may only be used for Temporary Signs or as permitted Awning Signs. 2. Mounting Required. All Permanent Signs shall be firmly anchored, shall comply with all requirements for public safety, and shall satisfy all applicable safety codes and all other applicable governmental enactments, rules, regulations, or policies. 3. Quality Design. All Permanent Signs shall be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs) or others who are capable of producing professional results. 4. Quality Construction. All Permanent Signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs with neat and readable copy, and provide for sign durability so as to reduce maintenance costs and to prevent dilapidation. 5. Hand-Painted Signs. All hand-painted signs shall be professionally applied by a sign manufacturer, artist, or similarly qualified entity or person. 4.b Packet Pg. 76 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-8 May 2020 G. Sign Illumination: The following standards shall apply to all illuminated signs: 1. Shielding. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Illumination. Signs may be internally or externally illuminated. 3. Residential Properties in Direct Line of Sight. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will negatively impact residential properties in direct line of sight to the sign. 4. Colored Lights. Colored lights shall not be used at a location or in a manner to be confused or construed as traffic control devices. 5. Bulb Face Exposure. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property. This provision does not apply to light-emitting diodes associated with Digital Signs. 6. Energy Efficiency. Light sources shall utilize energy-efficient fixtures to the greatest extent possible. 7. No Flashing. Lights illuminating signs shall not flash, blink, flutter, include intermittent or chasing lights, or provide any illumination that is in motion or appears to be in motion. See Section 19.22.070(B)(3) for standards pertaining to that sign type. 8. Digital Signs. Digital Signs shall comply with Section 19.22.070(B)(3). H. Sign Maintenance. All parts, portions, units, and materials composing a sign, together with the frame, background, surface, support, or enclosure, shall be maintained in a good and safe condition, painted, and adequately protected from weathering with all braces, bolts, and structural parts, supporting frames, and fastenings reasonably free from deterioration, rot, rust, rips, tears, loosening, and similar damage so that they do not create a hazard to persons or property or constitute a nuisance. I. Deteriorated Signs. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, has missing or inoperative lights, or is in an otherwise dilapidated condition shall be promptly repaired, to the satisfaction of the Community and Economic Development Director, or removed. J. Graffiti. Graffiti on a sign shall be removed within 48 hours of notice of its placement on such sign. K. Repairs. An unmaintained sign shall be repaired or replaced within 30 calendar days following notification via a Notice of Violation from the Code Enforcement Division. Noncompliance with such a request shall constitute a nuisance, and penalties may be assessed in compliance with the provisions of Chapter 19.46. Within the 15 days after a Notice of Violation is mailed, the property owner may request a hearing before the Hearing Officer on the unmaintained sign determination in compliance with the provisions of Chapter 9.94. 4.b Packet Pg. 77 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-9 May 2020 L. Rules for Sign Measurement. 1. Measuring Sign Height. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the height of the adjoining finished grade directly beneath the sign. 2. Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. 3. Measuring Building Frontage. Building frontage is the building façade width that directly abuts a public street, private street, parking lot driveway, or parking spaces. 4. Calculating Sign Area: General. Supporting structures such as sign bases and columns are not included in the sign area, provided that they contain no lettering or graphics except for addresses or required tags. See Figure 22.01. Figure 22.01: Calculation of Freestanding Sign Area 5. Calculating Sign Area: Single-Faced Signs (Four Sides or Fewer). For sign faces with four or fewer sides, sign area shall include the entire area within a single continuous perimeter composed of one triangle, square, or rectangle (consisting of no more than four corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. See Figure 22.02. Figure 22.02: Calculation of Sign Area on Single-Faced Signs (Four Sides or Fewer) 4.b Packet Pg. 78 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-10 May 2020 6. Calculating Sign Area: Single-Faced Signs (Five Sides or More). For sign faces with five or more sides, sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles (consisting of horizontal and vertical lines and no more than 12 corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. See Figure 22.03. Figure 22.03: Calculation of Sign Area on Single-Faced Signs (Five Sides or More) 7. Calculating Sign Area: Double-Faced Signs. Only one face of a double-faced sign shall be counted in computing the permitted area of the sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure. Where the two faces are not equal in size, the larger sign face shall be used. 8. Calculating Sign Area: Multi-Faced Signs. On a three-faced sign, the combined sum of the area of two faces (the largest and smallest face) shall be counted in computing the permitted area of the sign. 9. Calculating Sign Area: Three-Dimensional Signs. On spherical, free-form, sculptural, or other non-planar signs, sign area equivalent to 50 percent of the sum of the areas using only the four vertical sides of the smallest cube that will encompass the sign structure, as shown in Figure 22.04, shall be counted in computing the permitted area of the sign. Figure 22.04: Calculation of Sign Area on Three-Dimensional Signs 4.b Packet Pg. 79 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-11 May 2020 19.22.040 PROHIBITED SIGNS The following signs are inconsistent with the sign standards set forth in this Chapter and are therefore prohibited. A. Prohibited Signs. The following signs are prohibited except where specifically authorized: 1. Abandoned Signs. 2. Banner Signs, Flags, Pennants, Feather Signs, and other paraphernalia composed of paper, cardboard, cloth, or other flexible material, except as permitted by Section 19.22.080. 3. General Advertising Signs (Billboards), except as permitted by Section 19.22.090. 4. Chalkboards or blackboards. 5. Illegal Signs. 6. Pole Signs. 7. Portable Signs or A-Frame Signs, except as permitted per Table 22.01(D) or in the Main Street Overlay Zone per Table 22.07(D) and Section 19.22.080(D)(5). 8. Signs on fences. 9. Roof Signs, with the exception of signs on mansard roofs where, in the opinion of the Community and Economic Development Director, no other useable sign area is available, 10. Iconic Signs and as otherwise allowed by an approved Creative Sign Permit. 11. Any Mobile General Advertising Sign as defined in this Chapter. 12. Signs deemed to be a public nuisance as defined in Section 19.22.130 and regulated by Chapter 8.30. B. Location Restrictions. Signs may not be placed in the following locations except where specifically authorized: 1. Signs on public property, except as required or authorized by a governmental agency, and except as permitted by Section 19.22.090 and Section 19.22.120. 2. Signs painted on fences or roofs. 3. Bench Signs, except as permitted by Design Review or on approved transit amenities. 4.b Packet Pg. 80 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-12 May 2020 C. Display Restrictions. Signs with the following display features are prohibited: 1. Animated, moving, flashing, blinking, reflecting, revolving, scrolling, digital or video screen signs where the message is displayed for fewer than eight seconds (dwell time) before changing to another message, or any other similar sign, except as otherwise allowed by Section 19.22.070(B)(3) and Section 19.22.060(D). 2. Inflatable Signs, except as allowed per Section 19.22.080. 3. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. 4. Signs which emit sound, odor, or smoke. 5. Digital Signs that are located in windows (digital Window Sign), but not including neon signs. 19.22.050 DESIGN PRINCIPLES Signage shall be used as a positive means of identifying a business, create an image, and also to brand an identity. The following sign design principles shall be used as criteria for review and approval of Sign Permits and Sign Programs in the City of San Bernardino. A. Architectural Compatibility. The sign shall be compatible with the building and the site upon which it is located. A sign (including its supporting structure, if any) shall be designed as an integral design element of a building’s architecture and shall be architecturally compatible, including in terms of color and scale, with any building to which the sign is to be attached and with surrounding structures. Where more than one sign is provided, all signs shall be complementary to each other. B. Context Character. A sign shall be sensitive in context to nearby uses. Where a sign is located in a district with historic buildings and landmark signs, new signs shall contribute to an integrated appearance to such district. Where a sign is located in close proximity to a residential area, the sign shall be designed and located so it has little or no impact on adjacent residential neighborhoods. C. Legibility. Signage shall be designed to provide clear, legible information that indicates the proposed sign’s purpose. The size and proportion of the elements of the sign’s message— including logos, letters, icons and other graphic images—shall be selected based on the average distance and average travel speed of the viewer. Sign messages oriented toward pedestrians may be smaller than those oriented toward vehicle drivers. D. Readability. A sign message shall be easily recognized and designed in a clear, unambiguous, and concise manner so that a viewer can understand or make sense of what appears on the sign. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background to be easily read during both day and night. 4.b Packet Pg. 81 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-13 May 2020 E. Visibility. A sign shall be conspicuous and readily distinguishable from its surroundings so a viewer can easily see the information it communicates. F. Graphic Interest. Sign colors and materials shall be selected to contribute to legibility and design integrity. Signage that is creative and visually interesting is encouraged. 19.22.060 SIGN PERMIT AND SIGN PROGRAM REQUIREMENTS A. Review Authority. Table 22.02 identifies the responsible review authority for sign permit and sign program approvals. At the Community and Economic Development Director’s discretion, any sign permit or sign program submitted for review by the Community and Economic Development Director may be referred to the Planning Commission for Design Review. Procedures for review, appeal and notification shall be conducted as indicated in Chapter 19.52. Table 22.02 Responsible Review Authority Permit Type Community and Economic Development Director Planning Commission Mayor and City Council Sign Permit Temporary Sign Decision Appeal Appeal Permanent Sign (General) Decision Appeal Appeal Creative Sign Recommend Decision Appeal Digital Sign Decision Appeal Appeal Iconic Sign Recommend Decision Appeal Nonconforming Sign Modification Decision Appeal Appeal Minor Sign Area Modification Decision Appeal Appeal Sign Program Decision Appeal Appeal Billboard Modification/Replacement Recommend Decision Appeal B. Sign Permits. 1. Permit Required. To ensure compliance with the regulations contained in this Chapter, a Sign Permit is required to erect, move, alter, replace, or reconstruct a sign, whether permanent or temporary. Each sign requires a separate Sign Permit, except those specifically exempted under Section 19.22.020(C). The following sign maintenance activities are permitted without issuance of a Sign Permit, so long as any other required building permit is obtained prior to the modification of a sign: a. Painting, repainting, or cleaning of a sign; and b. Changes to the face or copy of a sign with changeable copy. 2. Identification Decal. Every sign for which a permit is issued shall be plainly marked with the corresponding permit number issued for the sign. Tags may be displayed on sign faces or at the base of a sign structure in a visible location. Tags for Freestanding Signs or Monument Signs shall be located on the structure no higher than six feet above grade. 4.b Packet Pg. 82 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-14 May 2020 3. Findings and Decision. The following findings are required to be made by the responsible review authority for approval of a specifically called-out Sign Permit application, with or without conditions: a. The sign complies with the standards of this Chapter, any applicable specific plan or precise development plan, and any applicable Comprehensive Sign Program; b. The sign is in substantial compliance with any applicable design guidelines and the design principles listed in Section 19.22.050; c. The sign will not impair pedestrian and vehicular safety; d. The sign’s design or proposed construction will not threaten the public health, safety, or welfare; and e. Where a commercial sign is affiliated with a business, that business shall have a valid Business License prior to issuance of Sign Permit. 4. Expiration and Extension of Sign Permit. An approved Sign Permit shall expire 12 months from the date of approval unless the sign has been installed in accordance with the approved Sign Permit and all applicable building codes or unless a different expiration date is stipulated at the time of approval. Notwithstanding these dates, the expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits. Prior to the expiration of a Sign Permit, the applicant may apply to the Community and Economic Development Director for one extension of up to an additional 12 months from the original date of expiration. In response to an extension request, the Community and Economic Development Director may make minor modifications to the original approval or deny further extensions. 5. Revisions to Sign Permit. The Community and Economic Development Director may approve minor changes to an approved Sign Permit if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Sign Permit by the responsible review authority. C. Comprehensive Sign Program. 1. Purpose. The purpose of a Comprehensive Sign Program is to integrate all signs proposed for a single development project with the overall site and structure design to present a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs and/or unique signs and to achieve, not circumvent, the purpose of this Section. A sign program shall not be used to circumvent the City of San Bernardino’s prohibition on new billboards or any other prohibited sign. 2. When Required. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. A Comprehensive Sign Program may be requested in circumstances other than those outlined in Subsections a. through e., below, but is not required. 4.b Packet Pg. 83 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-15 May 2020 a. Whenever four or more separate tenant spaces are present on the same parcel or on multiple parcels that are part of a unified shopping center or similar business center, regardless of whether the tenant spaces are occupied; b. Whenever five or more non-exempt signs are proposed for a single-tenant development; c. Wherever two or more Digital Signs are proposed; d. For any off-site temporary signs provided in conjunction with a residential subdivision pursuant to Section 19.22.080(D)(6); and e. Whenever the Community and Economic Development Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of site, the size and/or number of proposed signs, limited site visibility, a business within another business, the location of the site relative to major transportation routes, etc.) 3. Standards. A Comprehensive Sign Program shall comply with the following standards: a. The proposed Comprehensive Sign Program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines, and the overall purpose and intent of this Section. b. The proposed signs shall enhance the overall development and relate visually to other signs included in the Comprehensive Sign Program, to the structures and developments they identify, and to surrounding development, when applicable. c. The Comprehensive Sign Program shall include all signs, including permanent, temporary, and exempt signs. d. The Comprehensive Sign Program shall accommodate future revisions that may be required because of changes in use or tenants. e. The Comprehensive Sign Program shall comply with the standards of this Chapter, except: (1) The transfer of sign area limits from underutilized sign areas to areas that are more practical, through the use of a Sign Budget are permitted. The Sign Budget would equal the total allowable sign area of all signs in the development (inclusive of awning/canopy, driveway, monument/pylon, projecting, and wall signs, but excluding exempt and temporary signs). A sign area transfer shall not exceed 50 percent of the total allowable sign area for any particular sign type. (2) Deviations of up to 20 percent are permitted with regard to individual sign area, total number, location, and height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. 4.b Packet Pg. 84 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-16 May 2020 (3) Deviations associated with Sections 19.22.060(B)(3)(e)(1) and (2) shall not be allowed in conjunction with deviations associated with Section 19.22.060(G). f. Approval of a Comprehensive Sign Program shall not authorize the use of signs listed as prohibited by Section 19.22.040. 4. Findings and Decision. The following findings are required to be made by the responsible review authority for the approval of a Comprehensive Sign Program application, with or without conditions: a. The Comprehensive Sign Program complies with the purpose and intent of this Chapter 19.22 and with all standards listed in Section 19.22.060(C)(3); b. The Comprehensive Sign Program does not allow any sign that is prohibited by Section 19.22.040; c. The Comprehensive Sign Program is in substantial compliance with any applicable design guidelines and the design principles listed in Section 19.22.050; d. The Comprehensive Sign Program standards will result in signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments; e. The Comprehensive Sign Program will not result in signs that would impair pedestrian and vehicular safety; and f. Light and glare associated with the signs will not negatively affect nearby residential uses. 5. Post-Approval Procedures. After approval of a Comprehensive Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with such program, and such program may be enforced in the same way as any provision of this Section. a. Lease Agreements. The Comprehensive Sign Program and all conditions of approval shall be attached to the lease agreements for all leasable space within a project. b. Individual Signs. Any sign that conforms to an approved Comprehensive Sign Program may be approved by the Community and Economic Development Director; however, individual signs proposed under an approved Comprehensive Sign Program require a Sign Permit. c. Amendments. The Community and Economic Development Director may approve minor amendments to a Comprehensive Sign Program that are in substantial conformance with the original approval. Minor amendments include revisions to sign location, sign type, and sign orientation. All other amendments, including amendments to total sign area and/or conditions of approval, shall be processed as a new application. 4.b Packet Pg. 85 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-17 May 2020 D. Creative Sign Permits. 1. Purpose. The purposes of the Creative Sign Permit are to: a. Encourage signs of unique design that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and b. Provide a process for the application of sign regulations in ways that will allow creatively designed signs to make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs. 2. When Required. An applicant may request approval of Creative Sign Permit to authorize one on-site sign that employs standards that differ from the standards applicable to signs established in this Chapter but comply with the specific provisions of this Section. However, the Creative Sign Permit process shall not be used to allow any prohibited sign type or feature set forth in Section 19.22.040. 3. Findings and Decision. The following findings are required to be made by the responsible review authority in the approval of a Creative Sign Permit application, with or without conditions: a. Design quality. The proposed creative sign will: (1) Comply with the design principles set forth in Section 19.22.050; (2) Contribute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; (3) Have a unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness through the use of color, graphics, proportion, quality materials, scale, and/or texture; (4) Utilize or enhance the architectural elements of the building; and (5) Be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses. b. Contextual criteria. The sign will also contain at least one of the following elements: (1) Classic historic design style; (2) Creative image reflecting current or historic character of the City of San Bernardino; or (3) Inventive representation of the logo, name, or use of the structure or business. 4. Expiration, Extension, and Amendment of Creative Sign Permit. Procedures for expiration, extension, and amendments of Creative Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). 4.b Packet Pg. 86 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-18 May 2020 E. Iconic Sign Permits. 1. Purpose. The purpose of the Iconic Sign Permit is to: a. Preserve signs that, through design and artistic expression unrelated to their message, are culturally significant and represent unique character, history, and identity; and b. Protect the community from inappropriate reuse of nonconforming and/or illegal signs. 2. Application. An application for an Iconic Sign Permit may be made by a business owner, property owner, or the City of San Bernardino for consideration by the responsible review authority. 3. Findings and Decision. In granting an Iconic Sign Permit, the responsible review authority shall be required to make the following findings: a. Technical Criteria. Iconic Signs shall meet the following technical criteria: (1) The sign uses materials, technology, or sign-making technique representative of its period of construction; (2) The sign is structurally safe or can be made safe without substantially altering its original appearance; and (3) The sign retains the majority of its character-defining features. If character- defining features have been altered or removed, the majority are potentially restorable to their original function and appearance. b. Design Criteria. Iconic Signs shall meet two or more of the following cultural or vernacular design features: (1) The sign exemplifies the cultural, economic, or period heritage of the City of San Bernardino. (2) The sign exhibits extraordinary aesthetic quality, creativity, or innovation; (3) The sign represents an entity that is an important part of San Bernardino history; or the sign is obsolete sign copy that is originally associated with a chain or franchise business that it either local or regional chain or franchise only found in the City of San Bernardino or the southwestern United States; or the sign is associated with a significant historical event; or there is scholarly documentation to support its preservation; or it is a rare surviving example of a once common type; or (4) The sign is at least 50 years old. 4.b Packet Pg. 87 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-19 May 2020 4. Standards and Allowances for Iconic Signs. a. Structural Improvements. Iconic Signs may have structural improvements completed to extend the life of the sign, provided such improvements do not affect the integrity of the iconic nature of the sign. b. Damage Repairs. If the sign is damaged, it may be repaired and/or replaced with the original sign area and original height, even if the sign does not conform to the standards of this Chapter, provided such repairs do not affect the integrity of the iconic nature of the sign. c. Sign Area Bonus. The area of an Iconic Sign shall not be counted toward the maximum sign area for a premise. d. Relocation. Relocation of an Iconic Sign shall be permitted through an approved Sign Permit, provided the following requirements are met: (1) Relocation shall be to a location within the original premises or to a location within the specific neighborhood in which the sign was originally located; and (2) If relocated to another premise, the sign shall display a conspicuous text or a plaque, using a template provided by the City of San Bernardino, that indicates that the sign has been relocated, the date of relocation, and the original location. e. Change in Sign Copy. (1) Changes in sign copy shall be permitted, provided such changes do not result in changes to character-defining text, as determined by the Community and Economic Development Director. (2) Changes in sign copy shall match or be compatible with existing text in material(s), letter size, font/ typography, and color, as determined by the Community and Economic Development Director. 5. Expiration, Extension, and Amendment of Iconic Sign Permit. Procedures for expiration, extension, and amendments of Iconic Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). F. Nonconforming Sign Modifications via a Nonconforming Sign Permit. 1. Purpose. The purpose of the Nonconforming Sign Permit is to allow signs that are legally nonconforming only by virtue of the zone in which they are located (meaning that the zone does not permit the sign) to have minor modifications and improvements made to them. 2. When Required. A Nonconforming Sign Permit is required whenever the owner of a sign located on a property which has been rezoned and where the rezoning has resulted in the sign becoming nonconforming proposes to modify an existing Nonconforming Sign’s pole structure or relocate a sign on the same site. 4.b Packet Pg. 88 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-20 May 2020 3. Permitted Modifications. a. Relocation. Such sign may be relocated on the subject site to a location that reduces impacts on surrounding residential uses, improves onsite circulation, or improves the visibility of the sign without impacting surrounding uses. b. Replacement. A Nonconforming Sign may be replaced with an Awning Sign or Wall Sign, of a size not to exceed the existing sign. c. Improvements to Pole Signs. The structure of a Pole Sign may be modified to improve the physical appearance of the pole structure, as determined by the responsible review authority. 4. Findings and Decision. In granting a Nonconforming Sign Permit, the responsible review authority shall be required to make the following findings: a. The Nonconforming Sign Modification is in substantial compliance with any applicable design guidelines and the design principles set forth in Section 19.22.050; b. The Nonconforming Sign Modification will result in a sign or signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments; c. The size, height, and sign type of the nonconforming sign are permitted in a zone in the City of San Bernardino that allows the type of use the sign identifies; d. The Nonconforming Sign Modification does not include a digital sign; and e. The Nonconforming Sign Modification will not result in signs that would impair pedestrian and vehicular safety nor create light and glare that would negatively affect nearby residential uses. 5. Expiration, Extension, and Amendment of Nonconforming Sign Modification Permit. Procedures for expiration, extension, and amendments of Nonconforming Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). G. Minor Sign Area Modification. 1. Purpose. The purpose of the Minor Sign Area Modification Permit is to encourage Permanent Signs that exhibit extraordinary aesthetic quality, creativity, and/or innovation through a minor increase to the maximum allowed sign area. 2. Application. An application for a Minor Sign Area Modification Permit may be made by a business owner, property owner, or the City of San Bernardino for consideration by the responsible review authority. 4.b Packet Pg. 89 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-21 May 2020 3. Permitted Modification. Permanent Signs may deviate no more than 10 percent from the applicable maximum sign area standard established in this Chapter. A modification permitted by this Subsection shall not be additive to any modification allowance permitted by this Chapter, including a Comprehensive Sign Program. 4. Findings and Decision. In granting a Permanent Sign Area Modification Permit, the responsible review authority shall be required to make the following findings: a. The Permanent Sign complies with the design principles set forth in Section 19.22.050; b. The Permanent Sign will contribute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; and c. The Permanent Sign will provide strong graphic character through the effective use of color, graphics, proportion, quality materials, scale, and texture. 5. Expiration, Extension, and Amendment of Permanent Sign Area Modification Permit. Procedures for expiration, extension, and amendments of Permanent Sign Area Modification Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). 19.22.070 PERMANENT SIGNS A. Permanent Sign Standards by Zone. All Permanent Signs shall comply with the standards set forth in this Section. Additional Permitted Signs are included under Section 19.22.020(C). Tables 22.03, 22.04, 22.05, and 22.06 identify the sign type, number, location, area, and height allowed within each zone, along with any applicable additional regulations. The standards contained in Tables 22.03, 22.04, 22.05, and 22.06 are maximums, unless otherwise stated. Table 22.03 Residential Zones Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements 1. Single-Family Residential Subdivision Development in Residential Zones a. Monument 2 per major neighborhood entrance 30 sf per sign 6 ft External illumination only Permitted only at major entrances to projects or neighborhoods Maintenance responsibility shall be assigned to community association Digital Signs not permitted Section 19.22.070(B)(4) 2. Public/Quasi-Public Use in Residential Zones a. Monument 2 per major entrance 30 sf per sign 6 ft Permitted Section 19.22.070(B)(4) b. Wall 1 per street frontage 24 sf per sign 3 Must be below eave line Permitted Section 19.22.070(B)(8) 4.b Packet Pg. 90 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-22 May 2020 Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements 3. Multiple-Unit Residential Zones a. Wall 1 per street frontage 24 sf per sign 4 Must be below eave line Permitted Digital Signs not permitted Section 19.22.070(B)(8) b. Monument 1 per street frontage with entrance 30 sf per sign 5 6 ft Permitted Section 19.22.070(B)(4) This allowed sign area may be substituted for permanent sign area applied to a perimeter wall Note: Signs not listed in this table, such as awning signs, suspended signs, pylon signs, etc. are not permitted in residential zones. Table 22.04 Commercial Zones Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements a. Awning N/A 25% of the surface area of the awning N/A; awning shall not extend above eave line Permitted Section 19.22.070(B)(1) b. Canopy Single Tenant: 1 per building façade Multiple Tenant: 1 per tenant space 25% of the surface area of the canopy 24 inches, as measured from the lowest point on the sign Permitted Section 19.22.070(B)(2) Section 19.22.070(C)(2)(c) c. Driveway/ Onsite Traffic Directional 1 per driveway or drive- through lane, plus 1 for every 200 parking spaces on multiple tenant sites and 1 for every 300 parking spaces on single tenant sites, or as otherwise permitted through a Comprehensive Sign Program 8 sf per sign face 8 ft Permitted May be in the form of Monument Sign, Pylon Sign, or Wall Sign d. Monument Lots with less than 600 feet of street frontage: 1 per street frontage Lots with more than 600 feet of street frontage: 1 per each 600 feet of street frontage Single Tenant: 75 sf per sign face Multiple Tenant: 125 sf per sign face 8 ft in all zones except Main Street Overlay Zone Main Street Overlay Zone: 5 ft Permitted Section 19.22.070(B)(4) 4.b Packet Pg. 91 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-23 May 2020 Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements e. Projecting Single Tenant: 1 per street frontage Multiple Tenant: 1 per tenant space 25 sf per sign face Must be below eave line Permitted Section 19.22.070(B)(5) f. Pylon Lots with less than 600 feet of street frontage: 1 per street frontage Lots with more than 600 feet of street frontage: 1 per each 600 feet of street frontage Single Tenant: 75 sf per sign face Multiple Tenant: 125 sf per sign face Single Tenant: 25 ft Multiple Tenant: 35 ft Permitted Section 19.22.070(B)(6) g. Wall N/A 2 sf of sign area per lineal foot of primary building frontage, and 1.5 sf of sign area per lineal foot of a secondary building frontage Shall not extend above the eave line Permitted Section 19.22.070(B)(8) Note: See Section 19.22.070(B)(4)(f) and 19.22.070(B)(6)(f) for additional restrictions on pylon and monument signs. Figure 22.05: Primary and Secondary Building Frontages Table 22.05 Industrial Zones Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements a. Awning N/A 25% of the surface area of the awning Must be below the eave line Internal prohibited Section 19.22.070(B)(1) b. Canopy 1 per street frontage 25% of the surface area of the canopy 2 ft Permitted Section 19.22.070(B)(2) 4.b Packet Pg. 92 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-24 May 2020 Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements c. Driveway/ Onsite Traffic Directional 1 per driveway or drive- through lane, plus 1 for every 100 parking spaces, or as otherwise permitted through a Comprehensive Sign Program 12 sf per sign face 8 ft Internal prohibited May be in the form of Monument Sign, Pylon Sign, or Wall Sign d. Monument Lots with less than 600 feet of street frontage: 1 per street frontage Lots with more than 600 feet of street frontage: 1 per each 600 feet of street frontage 1 sf of sign area per 1 lineal foot of primary building frontage and 0.75 sf of sign area per 1 lineal foot of secondary building frontage; not to exceed 300 sf 8 f t Permitted Section 19.22.070(B)(4) e. Projecting 1 per street frontage 25 sf per sign face Must be below eave line Permitted Section 19.22.070(B)(5) f. Pylon Lots with less than 600 feet of street 1 sf of sign area per 1 lineal foot of 25 t Permitted Section 19.22.070(B)(6) g. Wall: Street Facing 2 on each occupant building frontage oriented toward a parking lot, street, alley, driveway, or freeway 2 sf of sign area per lineal foot of primary building frontage, and 1 sf of sign area per lineal foot of a secondary building frontage Must be below eave line Permitted Section 19.22.070(B)(8) h. Wall: Service and Delivery i. Entrances 1 for each service or delivery entrance 10 sf 6 ft Permitted Section 19.22.070(B)(8) Shall be located within 10 ft of associated entrance Note: See Section 19.22.070(B)(4)(f) and 19.22.070(B)(6)(f) for additional restrictions on pylon and monument signs. Table 22.06 Public and Quasi-Public Zones Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Illumination Allowed Additional Requirements a. Wall 1 per street or parking lot frontage 30 sf per sign Must be below eave line Yes Section 19.22.070(B)(8) b. Monument 1 per street or parking lot frontage 30 sf per sign face 7 ft Yes Section 19.22.070(B)(4) Shall be set back at least 1 foot from any property line 4.b Packet Pg. 93 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-25 May 2020 B. Standards by Sign Type. As listed in, and in addition to the standards in Tables 22.03, 22.04, 22.05, and 22.06, signs shall comply with the following standards applicable to the specific sign type. Each sign shall also comply with the requirements of Section 19.22.030 and all other applicable provisions of this Chapter. 1. Awning Signs. Awning Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Location. Awnings that display signage shall be limited to building frontages on the ground floor of buildings. b. Combined Sign Area. Combinations of signs on awnings, canopies, and walls are permitted but shall not exceed the maximum allowable sign area for Wall Signs per building elevation. c. Vertical clearance. A minimum vertical clearance of at least eight feet from bottom of the awning, including valance, to finished grade shall be maintained. Figure 22.07: Vertical Clearance d. Setback and projection into public right-of-way. A minimum of two feet between the edge of the awning and the outer curb face shall be maintained. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. 2. Canopy Signs. Canopy Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Location. Canopies that display signage shall be limited to building frontages on the ground floor of buildings. b. Height. Canopy Signs shall not project more than 24 inches above the highest point of any canopy, and not above the roofline of the structure for attached canopies. c. Combined Sign Area. Combinations of signs on awnings, canopies, and walls are permitted but shall not exceed the maximum allowable sign area for Wall Signs per building elevation. 4.b Packet Pg. 94 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-26 May 2020 d. Setback and Projection into public right-of-way. A minimum of two feet between the edge of the canopy and the outer curb face shall be maintained. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. Figure 22.08: Canopy Signs 3. Digital Signs. a. No Flashing. Digital Signs shall not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion). b. Display Change. Digital Signs may display changing messages, provided that each message is displayed for no fewer than eight consecutive seconds, unless otherwise permitted by an approved agreement with the City, and in no case shall a message be displayed fewer than four seconds. The transition or blank screen time between one display message and the next shall not exceed one second. c. Night-time brightness. (1) Night-time brightness shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message off, and again with the electronic message displaying a white image for a full color-capable electronic message or a solid message for a single-color electronic message. (2) All measurements shall be taken perpendicular to the face of the electronic message at the following distance: (3) The difference between the off and solid message measurements shall not exceed 0.3 foot-candles at night. 4.b Packet Pg. 95 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-27 May 2020 d. Ambient Light Sensor. Digital Signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions (e.g., photocell technology), or that can be adjusted to comply with the 0.3 foot-candle requirement. e. Turn Off. Digital Signs located within 500 feet and in a direct line of sight of a residentially zoned property shall be turned off daily at the close of business, or at such a time as specified by the Community and Economic Development Director, and in no case shall be permitted to be turned on between the hours of 2:00 A.M. and 6:00 A.M. f. Prohibited Digital Signs. Awning Signs, Canopy Signs, Window Signs, and Driveway/Onsite Traffic Directional Signs shall not include digital copy. g. Certification of Compliance. The owner of any Digital Sign shall arrange for certification by an independent contractor showing compliance with brightness standards. 4. Monument Signs. Monument Signs are permitted pursuant to Section 19.22.070(A) Tables 22.03, 22.04, 22.05, and 22.06. a. Minimum Street Frontage. A minimum street frontage of 100 feet is required for establishment of a monument sign. b. Minimum Separation. Monument Signs shall have a minimum separation of 50 feet from any other Monument Sign on an adjacent property. c. Digital Sign Minimum Separation. Where a Monument Sign includes a digital sign, the minimum radial distance to any other Digital Sign shall be 200 feet. d. Digital Sign Copy. Digital sign copy is permitted to occupy up to 75 percent of maximum allowable monument sign area, subject to an approved Sign Permit or Comprehensive Sign Program. e. Setback. Monument Signs shall be set back a minimum of five feet from any property line, unless otherwise specified in this Chapter. f. Either Monument or Pylon as Primary Sign Type. Properties with less than 600 feet of street frontage shall be permitted to have either one Monument Sign or one Pylon Sign as the primary signage, but not both. Properties with more than 600 feet of street frontage shall be permitted to have one Pylon or Monument sign per 600 feet of street frontage. g. Landscaping Required. All Monument Signs shall be located within the required landscaped setback or a landscaped planting bed, unless this requirement is waived through review by the Community and Economic Development Director based on site-specific conditions. 4.b Packet Pg. 96 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-28 May 2020 5. Projecting Signs. Projecting Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Projection from Wall. Projecting Signs shall project no more than four feet from the face of the building wall upon which the sign is mounted. b. Projection into Public Right-of-way. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. c. Vertical clearance. A minimum vertical clearance of eight feet from the bottom of the Suspended Sign to finished grade shall be maintained. 6. Pylon Signs. Pylon Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Minimum Street Frontage. A minimum street front of 100 feet is required for establishment of a pylon sign. b. Minimum Separation. Pylon Signs shall have a minimum separation of 50 feet from any other Pylon Sign on an adjacent property. c. Digital Sign Minimum Separation. Where a Pylon Sign includes a Digital Sign, the minimum radial distance to any other Digital Sign shall be 200 feet. d. Digital Sign Copy. Digital sign copy is permitted to occupy up to 75 percent of maximum allowable pylon sign area, subject to an approved Sign Permit or Comprehensive Sign Program. e. Setback. Pylon Signs shall be set back a minimum of 5 feet from any property line, unless otherwise specified in this Chapter. f. Either Monument or Pylon as Primary Sign Type. Properties with less than 600 feet of street frontage shall be permitted to have either one Monument Sign or one Pylon Sign as the primary signage, but not both. Properties with more than 600 feet of street frontage shall be permitted to have one Pylon or Monument sign per 600 feet of street frontage. g. Landscaping Required. All Pylon Signs shall be located within the required landscaped setback or a landscaped planting bed, unless this requirement is waived through review by the Community and Economic Development Director based on site-specific conditions. h. Vertical Clearance. A minimum vertical clearance of 14 feet is required for Pylon Signs projecting over vehicular passageways. A minimum vertical clearance of eight feet is required for Pylon Signs projecting over pedestrian passageways. 4.b Packet Pg. 97 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-29 May 2020 i. Multiple Tenants. A Pylon Sign for a multiple tenant site shall have no more than eight separate sign areas. Figure 22.09: Multiple Tenant Pylon Signs 7. Suspended Signs. Suspended Signs are permitted pursuant to Section 19.22.020(C)(2) Table 22.01. a. Location. Suspended Signs shall be limited to building frontages on the ground floor of non-residential buildings. b. Illumination. Suspended Signs may be externally or internally illuminated but shall not be Digital Signs. c. Vertical clearance. A minimum vertical clearance of eight feet from the bottom of the Suspended Sign to finished grade shall be maintained. d. Projection into Public Right-of-way. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. 8. Wall Signs. Wall Signs are permitted pursuant to Section 19.22.070(A) Tables 22.03, 22.04, 22.05, and 22.06. a. Placement. (1) No Wall Sign shall cover, wholly or partially, any wall opening. (2) Unless a different orientation is specifically authorized, each wall-mounted sign shall be placed flat against the wall of the building. b. Cumulative Wall Sign Area. In Commercial Zones, there is no limit on the number of Wall Signs. However, the combined area of all Wall Signs shall cumulatively comply with maximum size requirements. 4.b Packet Pg. 98 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-30 May 2020 c. Roof Signs in Lieu of Wall Signs. Where a Roof Sign is permitted due to a lack of available building mansard for a sign, such Roof Sign’s allowable area shall be equivalent to the allowed sign area for Wall Signs. 9. Window Signs. Window Signs are permitted pursuant to Section 19.22.020(C)(2) Table 22.01. a. Location. Window Signs shall not be allowed on windows located above the second story. b. Window Sign Location. Signs shall be placed so that law enforcement and public safety personnel have a clear and unobstructed view of the interior of the establishment, including cash registers. Signage inside the building shall not be allowed within three feet of the window. c. Perforated and/or Transparent Window Signs. Perforated and/or transparent Window Signs may be excluded from window sign size calculations subject to review and approval by the Community and Economic Development Director and the determination that such signs are placed so that law enforcement and public safety personnel have a clear and unobstructed view of the interior of the establishment, including cash registers. d. Digital Window Signs Prohibited. Digital Window Signs are not permitted, including any such signs placed within 10 feet of the window. C. Signage Allowances for Specific Uses. This Section establishes signage allowances for specific uses. 1. Drive-Through Establishments. In addition to the signs allowed in Section 19.22.070(A), businesses with drive-through(s) shall be allowed the following signs, subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. a. Number and Size. Two additional freestanding Menu Board signs are permitted for each establishment with a drive-through, not exceeding 32 square feet apiece (or not to exceed a combined 64 square feet). b. Height. Freestanding menu board signs shall not exceed eight feet in height. The freestanding menu board sign structure may extend above the sign height limit if: (1) The sign structure is separately constructed from the cabinet or face of the sign; (2) The portion above the cabinet or face does not contain any copy; and (3) The extension adds architectural embellishments to the sign. 2. Service Stations. In addition to the signs allowed in Section 19.22.070(A), service stations shall be allowed the following sign area and sign types subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. 4.b Packet Pg. 99 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-31 May 2020 a. Service Island Signs. Additional incidental signs are allowed up to a maximum of two per each service island, with each such sign not exceeding three square feet. b. Service Station Canopy Signs. Signs on service station canopies shall not exceed 50 square feet on each side. Figure 22.10: Service Station Canopy Signs 3. Theaters. In addition to the signs allowed in Section 19.22.070(A), theaters shall be allowed the following additional signs subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. a. Sign Type and Number. Developments containing theaters are allowed one additional Pylon Sign or Monument Sign with changeable copy (digital or manual) with a maximum size of 80 square feet. Such sign shall comply with height requirements for Pylon Signs and Monument Signs as listed in Table 22.04. b. Special Advertisements. Glass encasements for special advertisements shall be allowed to be affixed to the primary building. Encasements shall not exceed a width of three feet or a height of four feet, the number of which shall be approved by the Community and Economic Development Director via the Sign Permit or Comprehensive Sign Program process. 4. Non-Residential Uses within Freeway Corridor Overlay Zone. In addition to the signs allowed in Section 19.22.070(A), non-residential uses located within the Freeway Corridor Overlay (FC) zone shall be allowed the following additional sign area or sign types subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. a. Freeway Frontage of more than 100 feet - Maximum Sign Area. (1) For single tenant sites with at least 100 feet of freeway frontage, one Freeway- Oriented Sign of up to 200 square feet is permitted. (2) For multiple tenant sites with at least 100 feet of freeway frontage, one Freeway-Oriented Sign of up to 100 square feet per anchor tenant is permitted. 4.b Packet Pg. 100 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-32 May 2020 b. Freeway Frontage of more than 1,000 feet - Maximum Sign Area. For sites over five acres in size with more than 1,000 feet of freeway frontage, two Freeway- Oriented Signs of up to 100 square feet per anchor tenant with up to eight sign areas each are permitted. These signs shall not be placed closer than 600 feet of each other. c. Sign Type. Freeway-Oriented Signs may be Pylon Signs or Wall Signs. Freeway- Oriented Wall Signs are permitted only on buildings fronting the freeway. d. Height. Sign height shall not exceed 50 feet above freeway grade. Sign height may be allowed to exceed this height limit if a flag test approved by the City of San Bernardino determines that a sign of lower height would be partially or wholly obscured but shall in no case shall sign height exceed 75 feet above freeway grade. e. Setback. Freeway-Oriented Pylon Signs shall be set back at least five feet from any property line. f. Orientation. Freeway-Oriented Signs shall be oriented toward the adjacent freeway. A Freeway-Oriented Sign shall be considered oriented to a freeway where the sign face makes an interior angle of more than 30 degrees to the freeway. g. Tree Replacement. Any tree that is removed to accommodate the installation of any sign shall be replaced with a minimum 48-inch box tree at a location approved by the Community and Economic Development Director. h. General Advertising Prohibited. Freeway-Oriented Signs shall not be used for general advertising (billboards). i. California Department of Transportation (Caltrans) Compliance. All Freeway- Oriented Signs shall comply with the California Outdoor Advertising Act, Business and Professions Code Section 5200, or as subsequently revised, and shall be referred to Caltrans as appropriate for comment prior to Community and Economic Development Director review of the application for a Sign Permit or Comprehensive Sign Program. D. General Standards for Permanent Signs in all Zones. 1. Properties with Limited or No Street Frontage. In any circumstance where a property has no street frontage or less than 20 feet of street frontage (for example, as a flag lot), signage shall be allowed on an adjacent property with the same zone as the subject property, subject to approval of a Comprehensive Sign Program and with the written permission of the property owner on whose property the sign is to be erected. 2. Signage Allowed for Each Establishment. Each establishment in a non-residential zone may have at least one Wall Sign for each frontage, one Window Sign or door sign for each entrance, and one Suspended Sign, subject to compliance with the requirements of this Chapter. 4.b Packet Pg. 101 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-33 May 2020 19.22.080 TEMPORARY SIGNS All Temporary Signs shall comply with the standards provided in this Section. A Temporary Sign Permit shall be obtained from the Community and Economic Development Department prior to the display of Temporary Signs, unless specified in Section 19.22.020(C). A. Purpose. In addition to Section 19.22.010, the purpose of this Section is to ensure that Temporary Signs do not create a distraction to the traveling public by limiting the proliferation of Temporary Signs and eliminating aesthetic blight and litter that are detrimental to the public’s health, safety, and welfare. B. General Standards for All Temporary Signs. 1. Temporary Sign Content Neutrality. All regulations and standards in this Section are to be exercised in light of the City’s content neutrality policy. These provisions are not intended to limit, censor, or restrict free speech. 2. Number. The maximum number of Temporary Signs that may be displayed at the same time is subject to compliance with the applicable requirements of this Section. The number and area of Temporary Signs shall not be included in the calculation of aggregate permanent sign area. 3. Materials and Maintenance. a. Temporary exterior signs shall be made of durable, weather-resistant material. Only interior window signs may be made of nonrigid (e.g., paper) material. b. Temporary Signs shall be well maintained consistent with Section 19.22.030(H). 4. Illumination Prohibited. Temporary signs shall not be illuminated. 5. Sign Placement. a. Temporary Signs are allowed on private property only subject to permission of the property owner. b. Temporary Signs shall not be placed in any public right-of-way except in compliance with Section 19.22.120. c. Temporary Signs shall only be placed where Permanent Signs are allowed. 6. Removal of Signs. Temporary Signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. C. Temporary Sign Standards for Non-Residential Zones. Temporary Signs in non-residential zones (including Commercial, Downtown, Industrial, Public, and Quasi-Public Zones) are allowed as provided in Table 22.07. The signs in Table 22.07 are allowed in any combination unless otherwise noted in this Section; however, businesses shall not display more than three Temporary Signs (excluding window signs) at any one time. 4.b Packet Pg. 102 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-34 May 2020 Table 22.07 Temporary Sign Standards for Non-Residential Zones Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Additional Requirements b. Banner Signs 1 per business frontage 30 sf or 10% of business frontage on which banner is placed, whichever is greater N/A Section 19.22.080(D)(1) For the purposes of calculating allowed banner sign area, the height of a business frontage shall be eight feet regardless of existing conditions c. Yard Signs 1 per business frontage 12 sf (lots < 1 acre) 6 ft (lots < 1 acre) Section 19.22.080(D)(2) 1 sign per street frontage 32 sf (lots ≥ 1 acre) 8 ft (lots ≥ 1 acre) d. Inflatable Signs 1 per business frontage Per temporary event permit Per temporary event permit Section 19.22.080(D)(3) e. Feather Signs and Pennants One flag per 20 linear feet of street frontage 12 sf 10 ft Section 19.22.080(D)(4) f. Portable Temporary Signs 1 per business frontage 6 sf 6 ft Section 19.22.080(D)(5) Permitted only in the Main Street Overlay Zone D. Standards by Temporary Sign Type. 1. Banner Signs and Pennants. Businesses and institutions may exhibit Banner Signs and/or Pennants related to an activity or event having a specific duration, or the end of which is related to a specific action. a. Installation. Banner Signs and Pennants shall be affixed to a permanent structure or fence (i.e., cannot be freestanding, such as mounted on temporary posts or affixed to trees). b. Duration. A Banner Sign or Pennant may be displayed for no longer than 90 consecutive days, twice per calendar year. A minimum of 30 days is required between the two 90-day display periods. c. Projection. Banner Signs and Pennants shall not project above the edge of the roof of a structure. d. Materials and Maintenance. Banner Signs and Pennants shall be professionally crafted and well-maintained (not torn, bent, faded, or dirty). Banner Signs shall be securely affixed at all corners. 2. Yard Signs. Businesses and institutions may exhibit Yard Signs related to an activity or event having a specific duration, or the end of which is related to a specific action. a. Setback. Yard Signs shall maintain a minimum one-foot setback from any property line. b. Location. Yard Signs shall be located outside of public rights-of-way, within a landscaped area. 4.b Packet Pg. 103 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-35 May 2020 c. Installation. Yard Signs shall be installed securely in the ground. d. Duration. A Yard Sign may be displayed for no longer than 90 consecutive days, twice per calendar year. A minimum of 30 days is required between the two 90-day display periods. 3. Inflatable Signs. Businesses and institutions may exhibit Inflatable Signs related to a temporary activity or event only for which a temporary event permit was approved. a. Setback. Inflatable Signs shall maintain a minimum five-foot setback from any property line. b. Location. Inflatable Signs shall not be placed in the public right-of-way. Inflatable Signs may be located on within required setbacks or elsewhere on the property. c. Installation. Inflatable Signs shall be installed securely in the ground or affixed to a structure. d. Duration. Inflatable Signs may be displayed for no longer than 30 consecutive days, no more than twice per rolling calendar year, and may not be displayed within 30 days following the prior activity or event for which an Inflatable Sign was displayed. 4. Feather Signs. Businesses and institutions may exhibit Feather Signs related to an activity or event having a specific duration, or the end of which is related to a specific action. a. Materials. Acceptable materials for Feather Signs include vinyl, nylon reinforced vinyl, polyethylene or polyester-like materials, durable fabric or similar materials. b. Location. Feather Signs shall not interfere with either pedestrian or vehicular sight distance, any view corridor or obstruct views to any existing business or existing permanent sign. c. Duration. Feather Signs are permitted during the hours a business is open for business and one-half hour before opening and one-half hour after closing. Feather Signs shall be removed during hours when the establishment is not open to the public. 5. Portable Temporary Signs in Main Street Overlay Zone. a. Location. A Portable Sign may be located on private property or in the public right- of-way with an approved encroachment permit. Portable Signs are allowed in the City right-of-way in the Main Street Overlay Zone with an Encroachment Permit, provided the sign does not interfere with vehicular or pedestrian movement or wheelchair access to, through, and around the parcel on which the sign is located, or create traffic hazards. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public. b. Duration. Portable Signs are permitted during the hours a business is open for business and one-half hour before opening and one-half hour after closing. Portable Signs shall be removed during hours when the establishment is not open to the public. 4.b Packet Pg. 104 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-36 May 2020 c. Materials and Maintenance. Portable Temporary Signs shall be professionally crafted and constructed of durable, weather-resistant materials (not subject to damage or fading from weather), and be of sufficient weight and durability to withstand wind gusts, storms, etc. d. Indemnification. The placement of a Portable Sign in the City right-of-way requires the business, person, or entity responsible for placing the sign to indemnify and hold harmless the City from any action or expense that may occur as a result of a Portable Sign being located on any sidewalk or City right-of-way, satisfactory to the City Attorney. The Encroachment Permit shall not be issued until the City Attorney has determined that this requirement has been complied with. Portable Signs for any business that fails to indemnify the City shall be deemed illegal, nonconforming, and shall be removed. 6. Temporary Residential Subdivision Signs. Temporary Residential Subdivision Signs are permitted in single-family residential zoning districts for each builder in a recorded subdivision plat only in conjunction with a valid building permit. For the purposes of this Subsection, a residential subdivision is defined as a housing project within a recorded tract where five or more structures or dwelling units are concurrently undergoing construction. a. Size. Temporary residential subdivision signs shall not exceed 100 square feet or two square feet of sign area for each lot with a dwelling unit to a maximum of 200 square feet. No single sign may be larger than 100 square feet and eight feet in height and shall be set back at least 10 feet from any property line (or five feet if the sign area is less than 32 square feet). b. Separation. No temporary residential subdivision sign structure shall be located less than 300 feet from an existing or previously approved temporary residential subdivision sign structure, except in the case of signs on different corners of an intersection. c. Location. All temporary residential subdivision signs shall be placed on private property with written consent of the property owner or on City right-of-way pursuant to a City encroachment permit. d. Location Plan. A temporary residential subdivision sign location plan shall be prepared, showing the site of each sign, including any secondary signage, and shall be approved by the Community and Economic Development Director prior to the issuance of a Sign Permit. The placement of each temporary residential subdivision sign structure shall be reviewed and approved by the Community and Economic Development Director. e. Additions. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the temporary residential subdivision signs as originally approved, and no other non-permitted signs, such as posters or trailer signs, may be used. 4.b Packet Pg. 105 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-37 May 2020 f. Removal. Temporary residential subdivision signs shall be removed when the subdivision is sold out. The entity administering the program will be responsible for removal of panels and structures no longer needed. 7. Temporary Signs during Elections and on Residential Property. See Section 19.22.020(C)(2) for regulations pertaining to Temporary Signs located on residential property during elections and during times when a residential activity is occurring, such as a yard sale or a property is advertised for sale, rent, or lease. 19.22.090 GENERAL ADVERTISING SIGNS (BILLBOARDS) A. General Prohibition. General Advertising Signs (billboards) are prohibited in all zones unless authorized by this Section in connection with the relocation of an existing legally established nonconforming billboard or in connection with the conversion of an existing static (non-digital) General Advertising Sign to digital General Advertising Sign. B. Applicability. Any legal nonconforming General Advertising Sign may be considered as a candidate for relocation approval. Such General Advertising Signs may be relocated to a new site or relocated on the present site only in accordance with this Section. C. Required Permits and Agreements. 1. Billboard Relocation/Conversion Agreement and Conditional Use Permit Required. The relocation or conversion of existing static General Advertising Signs to digital General Advertising Signs, or any modification to an existing General Advertising Sign, shall be subject to an approved Billboard Relocation/Conversion Agreement and Conditional Use Permit. 2. Billboard Relocation/Conversion Agreement Parameters. The Billboard Relocation/Conversion Agreement shall include, but is not limited to, standards to regulate the following: sign size, “air time” for public service announcements, and any relocation or replacement provisions, and may include a revenue-sharing provision. 3. Lease or License Agreement. Construction and installation of General Advertising Signs on property owned by the City of San Bernardino or its related agencies may be accomplished by lease or license in lieu of a Billboard Relocation/Conversion Agreement, and any reference to a development agreement in this Chapter shall include leases or licenses on such properties. D. Removal Requirement. In exchange for the right to locate one new replacement General Advertising Sign at a new site, or to modify characteristics of an existing legally established General Advertising Sign, such as sign area, height, and/or type, the following removal requirements apply: 1. Existing Sign Removal Prior to New Sign Installation. Any existing legally established General Advertising Sign shall be removed prior to the installation of an authorized replacement General Advertising Sign. 4.b Packet Pg. 106 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-38 May 2020 2. Number of Signs Required for Removal. Upon agreement between the sign owner and the City, the sign owner shall abandon a minimum of six legally nonconforming static General Advertising Sign faces and replace them with one new digital General Advertising Sign face, subject to the provisions of this Chapter. E. Replacement of General Advertising Signs on the Same Site Without Modifications. An existing legally established General Advertising Sign may be replaced on the same site with another General Advertising Sign as a “like-for-like” replacement (i.e., same size, height, number of faces, and type). F. Development Standards. 1. Location. A replacement or relocated General Advertising Sign shall be located on either: a. City-owned property; or b. Property in the CG, CR, IL, or IH zones that is within 200 feet of the outer edge of the I-10 freeway, I-215 freeway, and SR-210 freeway rights-of-way. 2. Size. The replacement sign area shall not exceed the sign area of the existing sign to be replaced, and in no event shall a replacement sign contain greater than 672 square feet of advertising sign area. 3. Static-Display Spacing Requirements. Spacing between static-display General Advertising Signs shall be: a. Up to 100 square feet of sign face: 300 linear feet b. Up to 300 square feet of sign face: 400 linear feet c. Up to 672 square feet of sign face: 600 linear feet 4. Digital Sign Spacing Requirements. Digital General Advertising Signs shall be placed no closer than 1,000 feet from another Digital Sign (either general advertising or on-site) on the same side of the freeway or street. 5. Height. The height of each digital General Advertising Sign shall be limited to 50 feet above the grade of the adjacent street or freeway grade, as applicable, unless the applicant can demonstrate by a flag test or other means approved by the Community and Economic Development Director that clearly demonstrates greater height is needed for visibility. 6. Brightness. Digital General Advertising Signs shall comply with Section 19.22.070(B)(3). 4.b Packet Pg. 107 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-39 May 2020 19.22.100 NONCONFORMING SIGNS Any nonconforming sign in the City of San Bernardino is subject to the provisions of Chapter 19.62, and the following: A. Continuance and Maintenance. Nonconforming Signs that were legal when first installed, and which have not been modified so as to become illegal, may be continued, except as otherwise provided in this Section. 1. Nonconformity. Nonconforming Signs may be continued and shall be maintained in good condition as required by Section 19.22.030(H), including reasonable and routine maintenance and repairs, provided there is no expansion of any nonconformity with the current requirements of this Chapter. 2. No Change to Physical Structure. Sign copy and face changes, nonstructural modifications, and nonstructural maintenance (e.g., painting and rust removal) are allowed so long as there is no alteration to the physical structure or support elements of the sign. 3. Illegal Signs. A sign that did not conform to law existing at the time of its erection shall be deemed an Illegal Sign and shall not be a Nonconforming Sign. The passage of time does not cure illegality from the outset. B. Alterations and Additions to Nonconforming Signs. No Nonconforming Sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination or substantial reduction of the sign’s nonconforming features, unless otherwise allowed by an approved Iconic Sign Permit. C. Abandonment of Nonconforming Sign. Whenever a Nonconforming Sign has been abandoned or the use of the property on which the sign is located has been discontinued for a continuous period of 24 months, the Nonconforming Sign shall be removed as provided for in State law and Section 19.22.110 of this Chapter. D. Restoration of a Damaged Nonconforming Sign. Whenever a Nonconforming Sign that is not an approved Iconic Sign is destroyed by any cause other than intentional vandalism, such sign may be only be restored, reconstructed, altered, or repaired in conformance with the provisions of this Chapter. Whenever a Nonconforming Sign that is an approved Iconic Sign is destroyed by any cause, the Iconic Sign may be restored to display the pre-existing sign area, and the nonconforming use of the sign may be resumed, provided that restoration is started within one year of the date that the damage occurred, restoration is diligently pursued to completion, and the height of the restored sign conforms to the standards of this Chapter. E. Building Façade Modification. If a Development Permit is issued for modifications to the exterior of a building façade, any nonconforming building signs on the façade undergoing modification shall be brought into full conformance with the provisions of this Chapter prior to approval for final occupancy. F. Building Demolition. All Nonconforming Freestanding Signs shall be demolished or removed when the building on which they are located or associated with is demolished. 4.b Packet Pg. 108 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-40 May 2020 G. Iconic Signs. Signs with an approved Iconic Sign Permit are not subject to the requirements of this Section 19.22.100, but shall comply with Section 19.22.060(E)(4). H. Exceptions. 1. Business and Professions Code. Notwithstanding any other provision of this Section, this Section shall not apply to any sign that may not be removed pursuant to the provisions of Business and Professions Code Section 5412.5 but only during the period of time that Business and Professions Code Section 5412.5 remains in force and effect. 2. Nonconforming Sign Modification Permits. Notwithstanding any other provision of this Section, any Nonconforming Sign that has not been abandoned and is nonconforming only because of the zone in which it is located may apply for a Nonconforming Sign Modification Permit. 19.22.110 ENFORCEMENT A. General Enforcement Procedures. It shall be unlawful to erect, construct, enlarge, alter, repair, display, or use a sign within the City of San Bernardino that is contrary to, or in violation of, any provision of this Chapter. The requirements of this Chapter shall be enforced in compliance with the applicable provisions of Chapter 19.46. In addition to any administrative, criminal, nuisance, or other enforcement procedure, the City of San Bernardino may withhold the issuance of Business Licenses, Building Permits, Grading Permits, Certificates of Occupancy, and other land use entitlements and may issue stop work orders for a development project failing to comply with the provisions of this Chapter. B. Removal of Illegal Signs. Any Illegal Sign shall be removed by the property owner within 15 days after notice via a Notice of Violation from the Community and Economic Development Department. C. Abandoned Signs. 1. Public Nuisance. Any Abandoned Sign or Illegal Sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of San Bernardino. Any sign which is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety, and welfare of the citizens of San Bernardino. Any such sign as set forth herein is hereby deemed to be a public nuisance. 2. Removal. Any Abandoned Sign deemed to be a public nuisance shall be removed by the property owner within 30 days after notice via a Notice of Violation from the Community and Economic Development Department. D. Illegal and Abandoned Sign Appeals. Within the 15 days after a Notice of Violation from the Community and Economic Development Department is mailed, the property owner may request a hearing before the Hearing Officer on the illegal sign determination in compliance with the provisions of Chapter 9.94. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of an Illegal Sign. If no hearing is requested, if the appeal has been denied, and/or there is no correction to the violation, the Community and Economic Development Department will abate the violation. Costs of such abatement may be assessed against the property, using the procedures established in Chapter 8.30. 4.b Packet Pg. 109 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-41 May 2020 19.22.120 SIGNS ON PUBLIC PROPERTY A. Intent as to Public Forum. As it relates to the placing of signage on public property, the City declares its intent that all public property in the City shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. B. Private Party Signs Generally Banned. Except as expressly allowed by a provision of this Chapter, or another provision of law, private parties may not display or post signs on public property or in the public right-of-way. C. Signs That Are Exempt from the General Ban. The following signs are exempted from the general ban: 1. Traffic control and traffic directional signs erected by a governmental unit 2. Official notices required by law 3. Signs placed by the City 4. Signs that have received an encroachment permit and are located in the Main Street Overlay Zone D. Authorized Signs on Public Properties and Structures. Private advertising signs may be placed on structures in the public right-of-way, such as bus shelters, if there is a licensing agreement approved by the Mayor and City Council authorizing such General Advertising Signs on public property. An application for a Sign Permit must be approved prior to the construction of General Advertising Signs on public property, and the applicant and the owner of the sign shall comply with the provisions of Section 19.22.030(F) and Section 19.22.030(H). E. Temporary Political, Religious, Labor Protest and Other Noncommercial Signs in Traditional Public Forum Areas. In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display noncommercial message signs thereon, provided that their sign displayed on public property conforms to all of the following: 1. Personally Attended. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within 15 feet of the sign at all times. 2. Size. a. The maximum aggregate size of all signs held by a single person is 12 square feet. b. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet. 3. Balloons. The displayed signs may not be inflatable or air activated. 4.b Packet Pg. 110 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-42 May 2020 4. Pedestrian and Vehicle Clearance. In order to serve the City’s interests in traffic flow and safety, persons displaying signs under this Section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give clearance for pedestrians to pass by. F. Enforcement. Any sign posted on public property or the public right-of-way in violation of the provisions of this Chapter is declared to be a trespass and a public nuisance, may be summarily removed by the City of San Bernardino without notice, and the persons or parties responsible for such unauthorized posting may be charged with the City of San Bernardino’s actual costs of removal. In addition, any violation of this Chapter may be enforced or punished in any manner prescribed by law, including the applicable provisions of Chapter 19.46. G. Encroachment. Any sign proposed to project into the public right-of-way, or into public property, shall require an encroachment permit. H. Street Banner Permit. Refer to Chapter 16.16. 19.22.130 DEFINITIONS For purposes of this Chapter, the following definitions shall apply: A-Frame Sign: A Freestanding Portable Sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter “A”, and which is readily movable and not permanently attached to the ground or any structure. May also be referred to as a sandwich board sign. Other variations of such signage may also be in the shape of the letter T (inverted) or the letter H. Abandoned Sign: Any lawfully erected sign, sign structure, advertising structure, or display that is not operated or maintained for a period of two years or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (1) the sign displays advertising for a product of service that is no longer available; (2) the sign displays advertising for a business that is no longer licensed; (3) the sign advertises a business that is no longer doing business on the parcel where the sign is located; (4) the sign has a purpose for which the purpose has lapsed; or (3) the sign is blank. An Abandoned Sign is deemed to be a public nuisance. Alter; Alteration: Any change in the weight, depth, height, area, thickness, materials, location, or type of display of an existing sign but shall not be construed to prevent normal or periodic maintenance, upkeep, or repair of a sign or change of copy (e.g., repainting). Awning Sign: Any sign that is painted or applied to the face, valance, or side panel of a projecting structure consisting of a frame and a material covering, attached to and wholly supported by a building wall and installed over and partially in front of doors, windows, or other openings in a building. 4.b Packet Pg. 111 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-43 May 2020 Balloon: See “Inflatable Sign.” Banner Sign or Banner: A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. This sign type does not include flags (see “Flags”). Bench Sign: A temporary sign message located on the seat or backrest of a bench or seat placed on or adjacent to a public right-of-way. Billboard: See “General Advertising Sign.” Blade Sign: See “Projecting Sign.” Building Façade: An exterior side of a building, generally set facing a street. Refers to the side of a building to which a sign is attached. Building-Mounted Sign: A sign that is applied or attached to a building. See “Wall Sign.” Business Frontage: See “Frontage, Business.” Cabinet Sign: A type of sign that contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. Such sign structures typically use slide-in panels to display the message to the public. Canopy: A permanent roof-like structure of rigid materials extending from the main entrance of a structure and is typically supported by posts at the corners farthest from where the canopy attaches to the structure. See also “Awning.” Canopy, Service Station: A roof-like structure, typically consisting of supporting columns, at a service station that covers the service islands and surrounding fueling area. Canopy Sign: A sign that meets any one or more of these criteria: (1) a sign mounted on a permanent canopy; (2) a traditional industry term for the variable message portion of a Canopy Sign; and/or (3) an integral sign and permanent canopy. See Figure 22.08. Change of Copy: Changing of the face or letters on a sign. Changeable Copy: Sign copy designed to be used with removable graphics which will allow changing of copy. Channel Letters. Three-dimensional individual letters or figures, with an open back or front, illuminated or non-illuminated, that are affixed to a building or to a Freestanding Sign structure. 4.b Packet Pg. 112 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-44 May 2020 Commercial Message: Message concerning primarily a proposed economic transaction or the economic interests of the sign sponsor or audience. Commercial Mascot: A person or animal attired or decorated with commercial insignia, images, costumes, masks or symbols, and/or holding signs displaying commercial messages, when the principal purpose is to draw attention to or advertise a commercial enterprise. This definition includes “sign twirlers,” “sign clowns,” “sign spinners,” “sign twirlers” and “human sandwich board” signs. Also known as “living signs” and “human signs.” “Scarecrow” like devices, which simulate living persons or animals, are also included in this definition. Conforming Sign: A sign that is legally installed in accordance with federal, state, and local permit requirements and laws. Content Neutral Time, Place, and Manner Regulations: Consistently applicable, non- discriminatory sign regulations that specify—without reference to the content of the message— when, how, and where a sign can be displayed, with physical standards such as but not limited to height, size, and location, that allow the sign to be readable. Contrast: The difference or degree of difference between things having similar or comparable natures, such as light and dark areas, colors, or typefaces. Copy: The message or content of a sign, which may include letters, numbers, figures, and/or images. Digital Sign: A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs generally include displays using LEDs (light emitting diodes), CCDs (charge coupled devices), plasma, or functionally equivalent technologies to display a series of still images or full motion, usually remotely programmable and changeable. Also known as “electronic message centers.” Display Area: See “Sign Area.” Display, Digital: The sign area portion of a Digital Sign, as defined in this Chapter. Display, Static: The sign area portion of a non-digital sign, where there is no electronic means of changing copy. Double-Sided Sign: A sign constructed to display its message on two parallel opposing (back-to- back) faces. Driveway/Onsite Traffic Directional Sign: A sign located adjacent to a pedestrian or vehicle travel way that is internal to a site or complex, intended to provide orientation and safety assistance. Electronic Message Center: See “Digital Sign.” Electric Sign: Any sign containing or using electrical wiring. Externally Illuminated Sign: A sign that is illuminated by a light source that is located on the exterior of the sign or nearby and directed toward, and shines on the face of a sign. 4.b Packet Pg. 113 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-45 May 2020 Eave Line: The bottom of the roof eave or parapet. Face: The surface area on a sign where advertising copy is displayed. Feather Sign: A Temporary Sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material, typically taller than it is longer, and supported by a single vertical pole mounted into the ground or on a portable structure. This sign type does not include flags (see “Flags”). Flag: A fabric sheet of square, rectangular, or triangular shape that is mounted on a pole. This sign type includes official flags of national, state, or local governments. This sign type does not include feather signs (see “Feather Sign”), Banners (see “Banners”), or Pennants (see “Pennants”). Flashing Sign: A sign that contains an intermittent or sequential flashing light source. Generally, the sign’s message is constantly repeated, and the sign is most often used as a primary attention-getting device. Freestanding Sign: A sign that is supported by one or more uprights, braces, poles, or other similar structural components that is not attached to a building or buildings. Freeway: The Interstate 10 (I-10), Interstate 215 (I-215), Interstate 210 (I-210), State Route 330 (SR- 330), and State Route 259 (SR-259) rights-of-way within the boundaries of the City of San Bernardino. Freeway-Oriented Sign: Any sign either freestanding or mounted to the primary wall(s) or façade of a building facing the freeway with no other building located in the visibility window between the subject building and the freeway. Frontage, Building. That portion of a face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area. For a building on a corner lot, the combined lengths of the sides of the building abutting or generally parallel to the front and corner side lot lines. See Also “Frontage, Primary” and “Frontage, Secondary.” 4.b Packet Pg. 114 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-46 May 2020 Frontage, Primary. That face of a building that is the longest elevation if user is facing the street, and/or the elevation where the principal entrance is located. See Figure 22.05. Frontage, Secondary. Where a property has two or more street frontages, that face of a building that is not the longest elevation if user is facing the street, and/or the elevation parallel to a public street or parking lot where secondary entrance(s) are located. See Figure 22.05. Frontage, Business: The width of a building occupied by a single business tenant that fronts on a public street or faces a plaza, courtyard, pedestrian corridor or walkway, parking lot, or alley, where customer access to the building is available. Width is measured as the widest point on an architectural elevation. Frontage, Lot. That part of a lot or parcel abutting a street. Frontage, Street. The total length of all lot lines abutting streets. Ft. Abbreviation of feet. General Advertising: The enterprise of advertising or promoting other businesses or causes, in contrast to self-promotion or on-site advertising; also known as “advertising for hire.” See “General Advertising Sign.” General Advertising Sign: A Permanent Sign in a fixed position that meets any one or more of these criteria: 1) the sign is routinely used for general advertising for hire; 2) the sign is used to display commercial advertising for a business not located on the same premises as the sign; 3) the sign is a separate economic unit, not an accessory or auxiliary use serving the principal use on the land; and/or 4) the message display area is made available to message sponsors other than the owner. “General Advertising Sign” does not include “Freeway Signs.” “General Advertising Sign” may also be referred to as “Billboard” or “Outdoor Advertising Sign” in other Sections of the Municipal Code. See also “Digital Sign.” General Advertising Sign, Mobile: Any sign or device placed on, mounted on, or affixed to a motor vehicle, freight, flatbed or storage trailer, or other conveyance. Mobile General Advertising Signs shall not include signs wrapped on a vehicle actively being used to load, transport or unload persons, goods, or services in the normal course of business. Height, Sign: The greatest vertical distance measured from the existing grade at the mid-point of the sign support(s) that intersect the ground to the highest element of the sign as described in Section 19.22.030(L)(1), unless otherwise specified in this Chapter. Iconic Sign: Any sign that has been officially designated as an Iconic Sign pursuant to Section 19.22.060(E), due to its historic or cultural significance. Illegal Sign: A sign that meets any one or more of these criteria: 1) a sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; 2) a sign which is a danger to the public or is unsafe; 3) a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City or County; and/or 4) a sign that is a public nuisance as defined under Chapter 8.30. 4.b Packet Pg. 115 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-47 May 2020 Illuminated: Signs or individual letters in which an artificial source of light is used to make the message readable and includes both internally and externally lit signs. In: Abbreviation of inches. Inflatable Sign: A sign that is an air-inflated object such as a balloon, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and either filled with or helium gas or equipped with a portable blower motor that provides a constant flow of air into the device. Internally Illuminated Sign: A sign that is illuminated by a light source contained inside the sign. LED: Light Emitting Diode. Legal Nonconforming Sign: A legally established sign which fails to conform to the regulations of this Chapter. Legibility: The characteristics of letters, numbers, graphics, or symbols that make it possible to differentiate one from the other. Lifestyle Graphic: An advertising display applied directly onto the exterior surface or window of a building which does not include words but does advertise the products or services located on premise. Painting directly onto the surface is the most common application method; however, a painted or printed vinyl substrate can also be applied to a wall surface, depending on the location. Logo: An established identifying symbol or mark associated with a business or business entity. Luminance: The perceived brightness of an illuminated sign, measured in foot-candles above the ambient light level. Major Neighborhood Entrance: An area proximate to the intersection of two streets, which creates the primary entryway(s) into a neighborhood officially recognized by the City of San Bernardino. Major Tenant: A shopping center key tenant(s), which serves to attract customers to the center through its size, product line, name, and/or reputation as determined by the center property owner/authorized property management. The term anchor tenant is interchangeable with the term major tenant. Mansard: A decorative fascia used to hide equipment or articles on the roof or to enhance the storefront appearance. Marquee: See “Canopy.” Marquee Sign: See “Canopy Sign.” 4.b Packet Pg. 116 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-48 May 2020 Menu Board: A permanently installed sign with changeable copy (digital or manual) for the purpose of providing product and/or service information for drive-through service at a business where customers remain seated in a vehicle occupying a drive-through service lane. Message: See “Copy.” Mobile General Advertising Sign: An advertising display that is attached to a vehicle or any other mobile, non-motorized device, conveyance, or bicycle that carries, pulls, or transports a sign or billboard and traverses the public streets or is located in a parking area and is for the primary purpose of advertising or attracting attention. Monument Sign: A freestanding ground sign with low overall height and the appearance of having a solid base. See “Freestanding Sign.” Mural: A picture or decoration that is applied directly to a wall, does not contain a commercial message (e.g., business logo or images of items for sale), and does not have any electrical or mechanical components. A mural is distinguishable from graffiti (see Chapter 8.69) based on the property owner’s permission to paint or affix the mural onto the property. Neon Sign: A sign illuminated by or utilizing neon tubing, and/or related inert gases, or products that produce the same or similar effect as neon, such as flexible light-emitting diode (LED) neon-like tubing which is visible to the viewer. Non-commercial Message: Debate or commentary on topics of public concern, for example, politics, religion, philosophy, science, art. Nonconforming Sign: Any Permanent Sign or Temporary Sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this Chapter 19.22. Off-Premise Sign: Any sign which advertises or informs in any manner businesses, services, or events at some location other than that upon which the sign is located, including Commercial Mascots. On-Premise Sign: A communication device whose message and design relates to a business, an event, goods, profession or service being conducted, sold or offered at the location where the sign is erected. All non-commercial signs are considered on-premise signs. Painted Wall Sign: A sign painted directly on a building surface. Parapet: A wall-like barrier at the edge of a roof or structure. Pedestal Sign. See “Pylon Sign.” 4.b Packet Pg. 117 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-49 May 2020 Pennant: A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands intended to flap in the wind. This sign type does not include flags (see “Flag”). People Sign: See “Commercial Mascot.” Permanent Sign: A sign constructed of durable materials and attached to a building, structure or the ground in a manner that will resist environmental loads such as wind, and precludes ready removal or movement of the sign, and intended to exist for the duration of time that the use or occupant is located on the premises. Placed: Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, affixed or made visible in any manner. Planning Commission: The Planning Commission of the City of San Bernardino. Pole Sign: An elevated Freestanding Sign that is supported by one or more exposed poles that are permanently attached directly into or upon the ground. Portable Sign: A sign that is not permanently affixed to a structure or the ground. Portable Signs generally include A-Frame structures or similar low profile signs. This definition does not include Feather Signs. Projecting Sign: A building-mounted sign with faces projecting from and perpendicular to the building fascia. Public Property: An area that is accessible to any member of the public. Includes land or other property in which the City of San Bernardino holds a present right of possession and control, city road easements, and all public rights-of-way, regardless of ownership. Public Nuisance: A sign, sign structure or advertising structure that meets any one or more of these criteria: 1) an attractive nuisance as defined under Municipal Code Section 8.30.015 or a nuisance declared under Section 8.30.020; 2) an abandoned sign as defined in Section 19.22.130; and/or 3) an illegal sign as defined in Section 19.22.130. Pylon Sign: A Freestanding Sign that is supported and in direct contact with the ground or one or more solid, monumental structures or pylons and which typically has a sign face with a vertical dimension that is greater than its horizontal dimension. See Figure 22.09. Regional Shopping Center: A shopping center with a gross site area of 20 acres or more. Commercial areas of a regional nature and auto malls may also be considered a regional shopping center for the purposes of this Chapter, subject to approval of a Sign Program. 4.b Packet Pg. 118 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-50 May 2020 Responsible Party. The person liable for placement of a sign. The following is a non-exclusive list of facts which when found to exist, shall constitute prima facie evidence that a person is a responsible party: A. Based on information contained on the sign, and information from other sources, the person is identified as the owner or lessee of property used for the activity or event, and/or is the sponsor or promoter of the activity or event described on the sign. B. Based on information that appears on the sign, and information from other sources, including but not limited to information establishing the individual or corporate identity of the owner of the sign, it is found that the person placed the sign or caused the sign to be placed. Review Authority: The individual or official City body (e.g., Economic and Community and Economic Development Director, Planning Commission, City Council) identified by this Chapter as having the responsibility and authority to review, approve, and deny a permit application. May also be referred to as “Responsible Review Authority.” Roof Sign: A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof, and which is wholly or partly supported by such buildings. Sign: A structure, device, figure, display, message placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, provide information in the nature of advertising, provide historical, cultural, archaeological, or social information, or direct or attract attention to an object, person, institution, business, product, service, event, policy, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. The following do not fall within the definition of a sign for the purposes of this Chapter. A. Architectural or decorative features of buildings (not including lettering, trademarks, or moving parts). B. Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of- way. C. Gravestones and grave markers. D. Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages. E. Manufacturers' marks on tangible products that identify the maker, seller, provider, or product and which customarily remain attached to the product even after sale. F. Murals, painted or otherwise attached or adhered, with images or representation on the exterior of a structure that are visible from a public right-of-way or neighboring property; do not contain commercial advertisement (is noncommercial in nature); and are designed in a manner so as to serve as public art, enhance public space, and provide inspiration. 4.b Packet Pg. 119 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-51 May 2020 G. Colored or illuminated elements that contain no lettering, numbers, trademarks, or logos, and are located on a wall or canopy. H. News racks and newsstands. I. Merchandise on display and available for immediate purchase. J. Shopping carts. K. Symbols embedded in architecture such as symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones. L. Vehicle and vessel insignia as shown on street-legal vehicles and properly licensed watercraft including, but not limited to, license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising for hire), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. M. Vending machines that do not display off-site commercial messages or general advertising messages. Sign Area: See Section 19.22.030(L) (Rules for Sign Measurement), for specific rules for measuring the area of different sign types. Sign Band: A horizontal area above the entrances to a multiple tenant building, architecturally designed to accommodate signage in a sign-centric manner. Sign Budget: The total allowable sign area of all signs, including awning/canopy, driveway, monument/pylon, projecting, and wall signs, in a development using a Comprehensive Sign Program. Exempt and temporary signs are not included in the calculation of total allowable sign area. Sign Copy: All portions of a sign displaying a message, including text and symbols, but not including the supporting structure or base of a sign. Sign Face: The area of a sign on which copy is intended to be placed. Sign Program: A coordinated design plan of one or more signs for an individual business, a multiple tenant business center, or other site that specifies the number, size, description, and location of all signs located or to be located on the parcel or business site. Sign Twirler: See “Commercial Mascot.” Sf: Abbreviation of square feet. Single Face Sign: A sign with only one face plane. 4.b Packet Pg. 120 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) SIGN REGULATIONS – 19.22 III-19.22-52 May 2020 Statuary Sign: Any sign which is a three-dimensional, sculptured, or molded representation of an animate or inanimate object that identifies, advertises, or otherwise directs attention to a product or business, but not including a three-dimensional sign that is affixed to a building. Street Banner: A street banner is defined as a banner extended over a public street or other public property, either on an established bridge or independently suspended. Street Frontage: The portion of the building or property which faces or abuts a street(s). Support Structure: The structural portion of a sign securing the sign to the ground, a building, or to another structure. Suspended Sign: A sign that is suspended from the underside of an eave, canopy, awning, arcade, or other covered walkway. Temporary Sign: A sign that is intended to be displayed for a definite and limited period of time and which is not permanently installed, affixed or maintained on a building or structure. Trademark: A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business. Visibility: The quality of a letter, number, graphic, or symbol which enables the observer to distinguish it from its surrounds or background. Wall Sign: A sign painted on or attached to the exterior wall of a building or structure with the display surface of the sign approximately parallel to the building or structure wall. Wayfinding: Signage that enables a person to find his or her way to a given destination through the use of effective signage. Width, Sign: The measurement of a sign or base of a sign at its full extent from side to side. Window Area: The area within the perimeter window frames and glass doors located on a business frontage or street frontage. Window Sign: Any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure. Yard Sign: Any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners. 4.b Packet Pg. 121 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitA (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-1 May 2020 ARTICLE III – GENERAL CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS Section Page 19.20.010 Purpose .......................................................................................................... III-19.20-1 19.20.020 Applicability .................................................................................................. III-19.20-1 19.20.030 General Standards ......................................................................................... III-19.20-1 Tables 20.01 Fences, Walls, Hedges Height and Type Limits .......................................... III-19.20-8 19.20.010 PURPOSE These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development, consistent with the General Plan. 19.20.020 APPLICABILITY Any permit which authorizes new construction or modifications to an existing structure in excess of 25% of the structure floor area shall be subject to the standards set forth in this Chapter. 19.20.030 GENERAL STANDARDS No permit shall be approved unless it conforms to all of the following standards set forth in this Chapter: 1.Access 16.Odor 2.Additional Height Restrictions 17.Projections into Setbacks 3.Antennae, Satellite Dish and 18.Public Street Improvements Telecommunications Facilities 19.Radioactivity or Electrical Disturbance 4.Design Considerations 20.Refuse Storage/Disposal 5.Dust and Dirt 21.Screening 6.Environmental Resources/Constraints 22.Signs, Off-Street Parking, Off-Street 7.Exterior Building/Structure Walls Loading, and Landscaping 8.Fences and Walls 23.Solar Energy Design Standards 9.Fire Protection 24.Storage 10.Fumes, Vapor, and Gases 25.Toxic Substances and Wastes 11.Glare 26.Traffic Safety Sight Area 12.Hazardous Materials 27.Transportation Control Measures (TCM) 13.Height Determination (Buildings and Structures) 28. Undergrounding of Utilities 14.Lighting 29.Vibration 15.Noise (MC 890 1/20/94; MC 1056 10/8/99) (;+,%,7%4.c Packet Pg. 122 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-2 May 2020 These standards apply to more than one zone, and therefore, are combined in this Chapter. Also, these standards are to be considered in conjunction with those standards and design guidelines located in the specific land use district chapters. 1.ACCESS Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement, or recorded reciprocal access agreement. 2.ADDITIONAL HEIGHT RESTRICTIONS Where the maximum permitted height of a new structure exceeds 35 feet, the following provisions shall apply: A.Enhanced buffering to surround properties and the appropriateness of understructure parking shall be evaluated. B.A visual analysis relating structure proportions, massing, height and setback shall be conducted to preserve and enhance the scenic viewshed. C.The need and appropriateness of the additional height shall be demonstrated. D.Compatibility and harmony with surrounding development, and land use designations shall be demonstrated. E.Above 35 feet, additional structural setbacks (step back) may be required. 3.ANTENNAS, SATELLITE DISHES AND TELECOMMUNICATIONS FACILITIES All antennas, telecommunications facilities, (monopoles) and satellite dishes shall be installed in the following manner, subject to the appropriate entitlement: (MC 1090 11/20/00; MC 1237 1/8/07) A.EXEMPTIONS The following installations in residential districts are exempt from the provisions of this section: 1.The installation of one (1) ground mounted satellite dish antenna in the rear yard which is less than 10.5 feet in diameter and less than 12 feet in height; 2.One (1) satellite dish antenna which is less than 24 inches in diameter may be installed on a building provided that such antenna does not extend above the eaveline of said building; 3.Residential single-pole or tower roof or ground mounted television, or amateur radio antennas where the boom of any active element of the array is 30 feet or less and the height does not exceed 75 feet. 4.c Packet Pg. 123 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-3 May 2020 B. DIRECTOR REVIEW The following shall be reviewed by the Director, subject to a Development Permit: 1. Antennas up to a maximum of 15 feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rights-of-way. 2. Antennas that are architecturally integrated with a building or structure so as not to be recognized as an antenna, such as clock towers, carillon towers and signs. 3. Antennas mounted on other existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height. 4. Co-location of existing equipment on an existing City-approved support structure. 5. Modification of existing telecommunications facilities where the physical area of the reconfigured or altered antenna shall not exceed 15 percent of the original approval: a. Three (3) or more additional whip antenna (15 feet maximum height); b. The reconfiguration or alteration of existing antenna on a single support structure; c. Additional dishes up to 4 feet in diameter; d. Increased height of an existing antenna up to 75 feet. 6. Stand-alone monopoles camouflaged as palm trees, pine trees or other natural objects, within a grouping of similar natural objects. C. PLANNING COMMISSION REVIEW The following shall be reviewed by the Planning Commission, subject to a Conditional Use Permit: 1. Increased height of an existing, approved antenna that exceeds 75 feet in height. 2. New stand-alone monopoles that exceed 75 feet in height. 3. New ground mounted, uncamouflaged monopoles up to 75 feet in height. 4. All other wireless communication facilities, including lattice towers. 5. Placement of an antenna on any building not screened from public view. 6. On residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.). 7. Placement of a monopole or antenna (except as provided above) located within 75 feet from a property designated residential, or within 75 feet from an existing residence. (MC 1237 1/8/07) 4.c Packet Pg. 124 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-4 May 2020 D. DEVELOPMENT AND DESIGN STANDARDS 1. The antenna, support structure and associated equipment shall not be located within any residential land use district except as provided by Section 19.20.030(3)(A) and 19.20.030(3)(C)(6). 2. A maximum of one (1) satellite dish antenna shall be permitted per lot except retail locations selling and displaying satellite dish antennas and/or televisions may have more than one (1) such antenna. 3. No part of any satellite dish antenna shall be located within a required front yard, side yard, or on the street side of a corner lot. 4. No part of any satellite dish antenna shall be located within three (3) feet of any property line. 5. No part of any monopole shall be located within ten (10) feet of any property line. (MC 1237 1/8/07) 6. Associated equipment shall be located within a completely enclosed structure or otherwise screened from view. Equipment shelter buildings shall be architecturally compatible with existing buildings on the site, as well as the surrounding properties, and shall be subject to the architectural Design Guidelines of the Development Code. Design features include, but are not limited to, split-face concrete block, slump stone, faux roof with pitch, etc. (MC 1237 1/8/07) 7. Fencing shall be wrought iron or similar decorative material and shall be consistent with the provisions of Section 19.20.030(8). Prohibited fencing includes chain link, razor wire and barbed wire. (MC 1237 1/8/07) 8. The antennae shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood. 9. Antennas and support equipment shall be sited to minimize views from the public rights-of-way. Landscaping may be required to screen the tower, equipment buildings or support structures from view. (MC 1237 1/8/07) 10. If an antenna is attached or integrated into a building, it shall be painted to match the color of the building and/or covered with similar materials, subject to approval of the Director. 11. If not camouflaged, antenna and monopoles shall be a single, non-glossy color (e.g., off-white, cream, beige, green, black, or gray). 12. Antenna structures shall conform to Federal Aviation Administration regulation AC70/7460 latest edition. This may include beacons, sidelights and/or strobes. 4.c Packet Pg. 125 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-5 May 2020 13.The operation of the antennae shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer, inclusive of the City’s trunked 800MHz public safety radio system, etc.) unless exempted by Federal regulation. 14.A support structure may be required to be adequately designed for a co-location on another company’s equipment, of no more than two companies. If co-location is proposed, the application shall be reviewed by the Director, subject to a Development Permit. 15.Camouflaged monopoles shall have heavy-density branch coverage per the manufacturer’s specifications (e.g., a minimum of 60 palm fronds or a minimum of 100 pine branches). Antennae shall be painted to match the structure or camouflaged with an approved concealment. A minimum of one-half of the length of the monopole shall be covered with a simulated bark cladding. (MC 1237 1/8/07) 4.DESIGN CONSIDERATIONS The following standards are in addition to the specific design guidelines contained in the individual zones: A.The proposed development shall be of a quality and character which is consistent with the community design goals and policies including but not limited to scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves and the preservation of privacy. B.The design shall improve community appearance by avoiding excessive variety and monotonous repetition. C.Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property. D.Lighting shall be stationary and deflected away from all adjacent properties and public streets and rights-of-way. E.Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view. F.With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses. G.Parking structures shall be architecturally compatible with the primary and surrounding structures. H.Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs, if utilized on commercial structures, shall wrap around the entire structure perimeter. 4.c Packet Pg. 126 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-6 May 2020 5. DUST AND DIRT In addition to the provisions of Section 19.30.040 (Grading), all land use activities (e.g. construction, grading, and agriculture) shall be conducted so as not to create any measurable amount of dust or dirt emission beyond any boundary line of the parcel. To ensure a dust free environment, appropriate grading procedures shall include, but are not limited to, the following: A. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading. B. Disturb as little native vegetation as possible. C. Water graded areas as often as necessary to prevent blowing dust or dirt, hydroseeding with temporary irrigation, adding a dust palliative, and/or building wind fences. D. Revegetate graded areas as soon as possible. E. Construct appropriate walls or fences to contain the dust and dirt within the parcel subject to the approval of the City Engineer. 6. ENVIRONMENTAL RESOURCES/CONSTRAINTS All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA) and all General Plan environmental policies including, but not limited to, biological resource management areas, riparian corridors; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; high wind areas; and, geologic hazards. Development within 50 feet of a riparian corridor may be prohibited or restricted, and structures within 50 feet of an active or potentially active fault shall be prohibited. Development within these areas shall be subject to the submittal of appropriate report(s) prepared by qualified professionals which address the impacts of the proposed project; the identification of mitigation measures necessary to eliminate the significant adverse impacts; and, the provision of a program for monitoring, evaluating the effectiveness of, and insuring the adequacy of the specified mitigation measures. 7. EXTERIOR BUILDING/STRUCTURE WALLS The following standards shall apply to all exterior building/structure wall construction: A. Since walls will always be a main architectural and visual feature in any major development, restraint must be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project. B. The following designs are deemed unacceptable in any development and therefore shall be prohibited: 1. Nonanodized and unpainted aluminum finished window frames. 4.c Packet Pg. 127 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-7 May 2020 2. Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the Director. 3. Aluminum or other metal panels are not permitted on the street elevation, unless it can be demonstrated that they are consistent with a structure's overall design character, and do not adversely affect the pedestrian environment. 8. FENCES AND WALLS The following standards shall apply to the installation of all fences and walls: A. HEIGHT AND TYPE LIMITS Fences and walls shall conform to the limitations outlined in Table 20.01. (MC 1056 10/8/99) B. TRAFFIC SAFETY SITE AREA On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least six feet above the level of the intersection; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. (MC 1056 10/8/99) C.B. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, razor wire, or concertina wire fencing in conjunction with any other fence, wall, roof, or by itself within any land use district, is prohibited except as shown in Table 20.01, or unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 4.c Packet Pg. 128 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-8 May 2020 TABLE 20.01 FENCES AND WALLS HEIGHT AND TYPE LIMITS Zones Maximum Permitted Height1 1. Residential Front yard or side of street yard (not including the rear yard) 2 & 3 Other yard area Outside of required yard area Abutting a non-residential district 3’ 4’ 6’ 8’ 6’ Solid structures Open work structures (must permit the passage of (a minimum of 90% of light) Solid, decorative masonry wall 2. Commercial, Industrial and Institutional Front yard or side of street yard Abutting residential zone Other yard area Outdoor storage areas visible from public rights-of-way (located behind required yards) Electric fences (located behind a primary fence) Within a setback area Outside the setback area 2’6” 6’ 8’ 8’ 10’ 16’ 10’ 16’ Solid structures Open work structures Solid, decorative masonry wall Commercial Industrial Commercial/Industrial Industrial 3. All Zones – Traffic Safety Site Area 2’6” 4. Public Right-of-Way 8’ 5. Hillside Management Overlay – Retaining Walls Uphill slope Down slope Lots sloping with the street Adjacent to driveways Facing streets 8’ 3’6” 3’6” 8’ 5’ Constructed with natural, indigenous materials 6. Foothill Fire Zones Overlay – Fences and Walls Constructed with non-combustible materials only 1 The limitations shall not apply in the following instances: Where a greater height is required by any other provision of the Municipal Code; or Where a greater height or type of fence or wall is required by a condition of approval. 2 Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. (MC 888 1/6/94) 3 Except for school uses (including pre-schools) which were legally established prior to November 1, 2004, which may have a 6’ decorative security fence (wrought iron) in the front yard area and street-side side yard areas. (MC 1212 8/15/05) 4.c Packet Pg. 129 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-9 May 2020 2. Six-foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 3. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, and IE zones within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private and commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 4. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. (MC 889 1/6/94; MC 1384 1/16/13) B. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18-inch deep by eight-foot long landscaped recession. (MC 888 1/6/94) Walls shall be constructed with pilasters provided at every change in direction, every five feet difference in elevation and at a minimum of every 25 feet of continuous wall. C. RESIDENTIAL FENCING/WALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. D. ELECTRIC FENCES 1. Permit Required. No electric fences shall be installed or used unless a Fence Permit has been applied for and obtained from the Community Development Department. 2. Type of Electric Fences Allowed. The construction and use of electric fences shall be allowed in the City only as provided in this section and subject to the following standards: a. IEC Standards 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76. 4.c Packet Pg. 130 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-10 May 2020 b. Electrification: (1) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. (2) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76. 3. Conditions for Installation. a. Perimeter Fence or Wall: No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet high. b. Location: Electric fences shall be permitted only in non-residential zones and only in locations approved by the Community Development Department. c. Height: Electric fences shall not have a height in excess of 10 feet in commercial and industrial setback areas and shall not have a height in excess of 16 feet outside of the setback areas on industrial properties. d. Warning Signs: Electric fences shall be clearly identified with warning signs prepared in English and Spanish that read: “Warning-Electric Fence” at intervals of not less than 60 feet. e. “Knox Box”: A “Knox Box Electrical Shunt Switch” and a “Knox Box” or other similar approved device shall be installed for emergency access of Police and Fire Departments. 4. Indemnification. All applicants issued permits to install or use an electric fence as provided in this Chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of San Bernardino and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence. 5. Emergency Access. In the event that access by the City of San Bernardino Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this Chapter is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this Chapter will agree to waive any and all claims for damages to the electric fence against the City of San Bernardino and/or its personnel under such circumstances. 4.c Packet Pg. 131 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-11 May 2020 6. Violation; Misdemeanor. It shall be unlawful, and a misdemeanor, for any person to install, maintain or operate an electric fence in violation of this section. E. BARBED WIRE, RAZOR WIRE AND CONCERTINA WIRE FENCES 1. Permit Required. No barbed wire, razor wire, or concertina wire fences shall be installed or used unless a Fence Permit has been applied for and obtained from the Community Development Department. 2. Conditions for Installation. a. Location: Barbed wire, razor wire, or concertina wire fences shall be permitted only in non-residential zones and only in locations approved by the Community Development Department. b. Height: Barbed wire, razor wire, or concertina wire fences shall not have a height in excess of 10 feet in commercial and industrial setback areas and shall not have a height in excess of 16 feet outside of the setback areas on industrial properties. 9. FIRE PROTECTION All structures shall meet the requirements of the City Fire Department. 10. FUMES, VAPOR, AND GASES No emission which can cause damage to human health, animals, vegetation or other forms of property shall be discharged into the atmosphere. No other forms of emission shall be measurable at any point beyond the boundary line of the parcel. Emissions shall be in compliance with Air Quality Management District and Regional Water Quality Control Board permits. 11. GLARE No glare incidental to any use shall be visible beyond any boundary line of the parcel. 12. HAZARDOUS MATERIALS The following standards are intended to ensure that the use, handling, storage and transportation of hazardous materials comply with all applicable requirements of Government Code 65850.2 and Health and Safety Code 25505, Article 80-Uniform Fire Code, et. al. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to State Law, but only to require reporting of information to the City that must be provided to other public agencies. For the purposes of this Section, hazardous materials shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services. 4.c Packet Pg. 132 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-12 May 2020 A. A Conditional Use Permit shall be required for any new commercial, industrial, or institutional or accessory use, or major addition to an existing use, that involves the manufacture, storage, handling, or processing of hazardous materials in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions: 1. Underground storage of bulk flammable and combustible liquids; and 2. Hazardous materials in container sizes of 10 gallons or less that are stored or maintained for the purposes of retail or wholesale sales. B. All businesses required by Chapter 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of these plans, including revisions to the Director at the same time these plans are submitted to the administrating agency which is responsible for administering these provisions. C. Underground storage of hazardous materials shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code, and Article 79 of the Uniform Fire Code. Any business that uses underground storage tanks shall comply with the following: 1. Notify the City Fire Department of any unauthorized release of hazardous materials immediately, after the release has been detected and the steps taken to control the release; and 2. Notify the City Fire Department and the Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances. D. Above-ground storage tanks for any flammable liquids shall meet all standards of the City Fire Department. E. All structures subject to the provisions of this Development Code and all newly created lots shall be designed to accommodate a setback of at least 100 feet from a pipeline. This setback may be reduced, where the Director finds that: 1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers; 2. A 100-foot setback would be impractical or unnecessary because of existing topography, streets, lot lines, or easements; and, 3. There shall be construction of hazardous liquid containment system or other mitigating facility where the City Engineer finds that a leak would accumulate within the reduced setback area. The design shall be approved by the City Engineer and a surety instrument shall be approved by the City Attorney to ensure the construction of the system. 4.c Packet Pg. 133 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-13 May 2020 A proposed structure (including a residence) on an undeveloped existing lot of record that cannot be constructed only because of this restriction, shall be allowed to be constructed if the structure is located so as to comply with the setback regulation as closely as possible. The Director may require a hazardous liquid containment system, to be approved by the City Engineer. A pipeline is defined as follows: 1. A pipe with a nominal diameter of 6 inches or more, that is used to transport hazardous liquids, but does not include a pipe used to transport a hazardous liquid by gravity and a pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility; or, 2. A pipe with a nominal diameter of six inches or more operated at a pressure of more than 275 pounds per square inch that carries gas. A subdivider of a development within 500 feet of a pipeline shall notify a new owner at the time of purchase agreement and at the close of escrow of the location, size, and type of pipeline. 13. HEIGHT DETERMINATION (BUILDINGS AND STRUCTURES) All structures shall meet the following standards relating to height: A. The structure's height shall not exceed the standard for the land use district in which it is located. The structure height shall be determined from the finished grade to the highest point of the structure, excluding chimneys and vents. B. Pad elevations shall be determined by the Director and the City Engineer based on the following criteria. 1. Flood control; 2. Site drainage; 3. Viewshed protection from both public and private property; 4. Protection of privacy of surrounding properties including consideration of the location of windows, doors, balconies, and decks; 5. Structure setback in relationship to structure height and property lines; 6. Sightline and structure envelope analysis; 7. Sewer line grade and location; and 8. Necessary slopes and retaining walls. 4.c Packet Pg. 134 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-14 May 2020 C. Perimeter fences, or walls, shall not exceed six feet in height, unless as otherwise provided in this Development Code. The height shall be measured from the finished grade of the property. D. Architectural walls integral to the structure design, attached to the structure may exceed 6 feet in height, subject to review by the Director. E. To protect safety sight-distance for vehicular movement, sight obscuring fences, or walls, or other obstructions shall not exceed 36 inches in height when located in a front setback. (MC 888 1/6/94) F. Free-standing flagpoles and radio and television antennas may not exceed the structure height restrictions of the land use district in which they are located, except as otherwise provided in this Development Code. 14. LIGHTING Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. Security lighting shall be provided at all entrances/exits. 15. NOISE No loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention- attracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. The following provisions shall apply: A. In residential areas, no exterior noise level shall exceed 65dBA and no interior noise level shall exceed 45dBA. 4.c Packet Pg. 135 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-15 May 2020 B. All residential developments shall incorporate the following standards to mitigate noise levels: 1. Increase the distance between the noise source and receiver. 2. Locate land uses not sensitive to noise (i.e., parking lots, garages, maintenance facilities, utility areas, etc.) between the noise source and the receiver. 3. Bedrooms should be located on the side of the structure away from major rights-of- way. 4. Quiet outdoor spaces may be provided next to a noisy right-of-way by creating a U- shaped development which faces away from the right-of-way. C. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to ¾-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: 1. Masonry block 2. Precast concrete 3. Earth berm or a combination of earth berm with block concrete. D. Noise barriers shall interrupt the line-of-sight between noise source and receiver. 16. ODOR No use shall emit any obnoxious odor or fumes. 17. PROJECTIONS INTO SETBACKS The following list represents the only projections, construction, or equipment that shall be permitted within the required setbacks: A. Front Setback: Roof overhangs, fireplace chimney, awnings & canopies B. Rear Setback: Roof overhangs, pools, patio covers, tennis courts, gazebos, and awnings & canopies, provided there is no projection within 10 feet of the property line. Accessory structures may be built to the interior side or rear property lines provided that such structures are not closer than 10 feet to any other structures. (MC 876 7/8/93) C. Side Setback: Roof overhangs, fireplace chimney, awnings & canopies Building Code requirements may further restrict the distance required to be maintained from the property lines and other structures. 4.c Packet Pg. 136 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-16 May 2020 18. PUBLIC STREET IMPROVEMENTS A. Any new construction or construction of 2,500 square feet or more of the structure floor area of the primary structure shall require the dedication of public right-of-way for public street purposes. In addition, the property owner shall be required to irrevocably agree to participate in any future assessment district that may be formed to construct public street improvements in accordance with the policies, procedures and standards of the Director of Public Works/City Engineer. B. Whenever street improvements are required along a parcel as a condition of approval, and the off-site drainage pattern requires it, the entire street section may be required to be improved in accordance with the policies, procedures and standards of the Director of Public Works/City Engineer. C. Special Fee areas may be designated by the Mayor and Common Council to provide funding for required improvements or to refund monies advanced by the City for designated improvements. Whenever such fee areas are established by Resolution of the Mayor and Common Council, all new construction or construction of 2,500 square feet or more of structure floor area of the primary structures shall pay such fees. (MC 816 2/6/92; MC 1373 6/20/12) 19. RADIOACTIVITY OR ELECTRIC DISTURBANCE No activity shall be permitted which emits radioactivity or electrical disturbance. 20. REFUSE STORAGE/DISPOSAL Every parcel with a multi-family, commercial or industrial structure shall have a trash receptacle on the premises. The trash receptacle shall be of sufficient size to accommodate the trash generated. The receptacle shall be screened from public view on at least three sides by a solid wall six feet in height and on the fourth side by a solid gate not less than five feet in height, in compliance with adopted Public Works Department Standards. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Trash receptacles for single family homes should be stored within the enclosed garage or behind a fence. 21. SCREENING Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground. 22. SIGNS, OFF-STREET PARKING, OFF-STREET LOADING AND LANDSCAPING All development shall comply with the provisions of Chapter 19.22 (Sign Standards); Chapter 19.24 (Off-Street Parking Standards); Chapter 19.26 (Off-Street Loading Standards) and Chapter 19.28 (Landscaping). 4.c Packet Pg. 137 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-17 May 2020 23. SOLAR ENERGY DESIGN STANDARDS (MC 1381 12/19/12) Passive heating and cooling opportunities shall be incorporated in all developments in the following manner: A. Future structures should be oriented to maximize solar access opportunities. B. Streets, lot sizes, and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 of due south. C. The proposed lot size and configuration should permit structures to receive cooling benefits from both prevailing breezes and existing and proposed shading. D. Any pool or spa facilities owned and maintained by a homeowners association shall be equipped with a solar cover and solar water heating system. E. No structure (building, wall or fence) shall be constructed or vegetation placed so as to obstruct solar access on an adjoining parcel. 24. STORAGE There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or building or manufacturing materials in any portion of a lot, except as allowed under the provisions of this Development Code. No storage shall occur on any vacant parcel. No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. 25. TOXIC SUBSTANCES AND WASTES No use may operate that utilizes toxic substances or produces toxic waste without the approval of a Conditional Use Permit pursuant to the provisions of Chapter 19.36 (Conditional Use Permits). Prior to consideration of a Conditional Use Permit, the operator must prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances. 26. TRAFFIC SAFETY SIGHT AREA No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way. 4.c Packet Pg. 138 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-18 May 2020 A. Distances Used to Measure Traffic Safety Sight Areas The following distances, as seen in Figure 19.20 (29)-A (Traffic Safety Sight Area Distances) shall be used to measure Traffic Safety Sight Areas. Upon review by the City Traffic Engineer, the distances specified in this Section may be increased if he/she determines that a greater distance is required to maintain public health and safety or reduced if he/she determines that the reduced distance would not create a public health and safety hazard. 1. For Traffic Safety Sight Areas at the intersection of two street rights-of-way, two sides of the triangle extend along the intersecting property lines for 20 feet and the third side is a diagonal line that connects the two other sides. 2. For Traffic Safety Sight Areas at the intersection of a street right-of-way and alley, two sides of the triangle extend along the intersecting property lines for 10 feet and the third side is a diagonal line that connects the two other sides. 3. For Traffic Safety Sight Areas at the intersection of a street right-of-way and driveway or parking entrance, one side of the triangle extends from the intersection of the street right-of-way and the driveway or parking entrance for 10 feet along the property line. The second side extends from the intersection of the street right-of- way and driveway or parking entrance for 10 feet perpendicular to the property line. The third side of the triangle connects the two other sides. Figure 19.20 26-A: Traffic Safety Sight Area Distances B. EXEMPTIONS Traffic Safety Sight Areas shall not apply to the following: 1. Public utility poles; 4.c Packet Pg. 139 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-19 May 2020 2. Trees trimmed (to the trunk) to a line at least six feet above the level of the intersection; 3. Supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; or 4. Official warning signs or signals. 26.27. TRANSPORTATION CONTROL MEASURES (TCM) The purpose of this section is to reduce vehicle trips thereby reducing air pollutants and improving air quality, to comply with State Law, and to promote an improved quality of life. All new development is subject to the following Transportation Control Measures: A. Bicycle parking facilities or secured bicycle lockers shall be provided for all new non- residential developments and multi-family (of 10 or more units) developments when discretionary review is required. Parking racks or secured lockers shall be provided at a rate of 1 per 30 parking spaces with a minimum of a three-bike rack. B. All new non-residential developments, meeting CMP thresholds of 250 or more peak hour trips, shall provide a minimum of one shower for persons bicycling or walking to work. The shower shall be made so as to be accessible to both men and women. C. On-site pedestrian walkways and bicycle facilities shall be provided connecting each building in a development to public streets for all new non-residential and multi-family (of 10 or more units). D. Passenger loading areas, suitable to the proposed land use shall be provided for all new non-residential and multi-family (of 10 or more units) developments (of 100 or more parking spaces). The loading areas shall be placed in locations close to building entrances but so as not to interfere with vehicle circulation. E. Preferred parking facilities shall be provided for vanpools at a rate of 1 van parking space per 100 standard parking spaces for all new non-residential development. A minimum of one such space shall be required. A vertical clearance of no less than 9 feet shall be provided. F. Transit improvements such as bus pullouts, bus pads, and bus shelters shall be provided for new residential and non-residential development along existing or planned transit routes. The need for and nature of those improvements shall be defined in cooperation with Omnitrans. G. New non-residential developments exceeding the following thresholds may be required to designate on-site parking areas to be used by commuters as park-and-ride lots or contribute exaction fees to develop off-site park-and-ride lots: Retail 250,000 Square Feet GFA Industrial 325,000 Square Feet GFA Office 125,000 Square Feet GFA 4.c Packet Pg. 140 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-20 May 2020 The determination of whether an on-site park-and-ride facility or contribution of exaction fees is required will be based upon a Traffic Impact Analysis Report (TIA Report), prepared by a qualified traffic engineer in a manner consistent with the Congestion Management Program (CMP) for San Bernardino County. H. Parking space requirements for new non-residential development shall be reduced when linked to other actions that reduce trips to account for increased ridesharing and other modes of transportation. Analysis shall be provided estimating the trip reductions. The City Traffic Engineer shall review the analysis and make a recommendation to the Planning Division on the number of parking spaces that may be eliminated. I. A telecommuting center or contributions toward such a center shall be required for all new residential developments of 500 units or more. J. On-site video conferencing facilities shall be provided for all office park developments with 1,000 or more employees. (MC 890 1/20/94) 27.28. UNDERGROUNDING OF UTILITIES Utilities shall be placed underground pursuant to Section 19.30.110. In the event an above ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and landscaping and not located in any setback area. If it cannot be screened, it shall be located in an underground vault. Exceptions to the undergrounding of utilities requirements are as follows: A. Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be placed above ground, if they are used solely in connection with the underground transmission or distribution lines; B. Poles supporting street lights, and the electrical lines within the poles, may be situated above the surface of the ground; C. The Council may waive any requirement of this section if topographical, soil or similar physical conditions make such underground installation unreasonable or impractical; D. Any Parcel Map with a maximum of four residential parcels, no parcel of which has previously been exempted from this section; and where at least 50% of the surrounding area within a radius of 500 feet has been previously developed without undergrounding utilities; E. That portion of a previously developed non-residential Parcel Map; F. The requirement to underground shall apply to all utility lines traversing a subdivision, or installed along either side of the streets and alleys adjoining the subdivision, except for electrical lines of 33 KVA or more. Where one line is exempt, all parcel lines on that same pole shall be exempt; 4.c Packet Pg. 141 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-21 May 2020 G. Any single lot development on a Residential Estate, Low, Suburban, or Urban (RE, RL, RS, and RU) designated parcel; or any single lot development of one net acre or less in any land use district, shall be exempt from this requirement. This exemption shall not apply where the requirement to underground utilities is imposed as a condition of approval of a subdivision map; and H. The remodeling of existing structures where the cost of remodeling is less than 50% of the replacement cost of the existing structure as determined for building permit fees shall be exempt. 28.29. VIBRATION No vibration associated with any use shall be permitted which is discernible beyond the boundary line of the property. 4.c Packet Pg. 142 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) PROPERTY DEVELOPMENT STANDARDS – 19.20 III-19.20-22 May 2020 Intentionally Blank 4.c Packet Pg. 143 Attachment: CED.DCA19-04.SIGNS.A1.Ordinance.ExhibitB (6643 : Ordinance No. MC-1531 Sign Regulations Update) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Paul Espinoza, Finance Director Subject: Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for May 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. Detailed warrant registers are available on the City’s website, and are updated weekly by the Finance Department. You may access the registers by copying the following link into an internet browser: http://sbcity.org/cityhall/finance/warrant_register.asp Discussion Gross Payroll Bi-Weekly for May 14, 2020 $2,091,203.64 Monthly for May 15, 2020 $11,666.69 Total Payroll Demands: $2,102,870.33 The following check registers are being presented for approval: April 30, 2020 2019/20 (Register #46)$449,283.99 May 7, 2020 2019/20 (Register #47)979,220.85 Total commercial check demands:$1,428,504.84 The following Electronic Funds Transfer (EFT) registers presented for approval: April 10, 2020 2019/20 (Register #900)$804.18 April 14, 2020 2019/20 (Register #901)1,259.08 April 15, 2020 2019/20 (Register #902- #905)707,229.12 Total commercial EFT demands:$709,292.38 2020-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll 5 Packet Pg. 144 6736 Page 2 disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2020. Attachments Attachment 1 Payroll Checks for May 2020 Attachment 2 Commercial Checks for Register #46 Attachment 3 Commercial Checks for Register #47 Attachment 4 Commercial EFT Registers #900 Attachment 5 Commercial EFT Registers #901 Attachment 6 Commercial EFT Registers #902-905 5 Packet Pg. 145 5.a Packet Pg. 146 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6736 : Approval of Commercial and Payroll Disbursements) 5.a Packet Pg. 147 Attachment: FN. Payroll Summary Report ATTACHMENT#1 (6736 : Approval of Commercial and Payroll Disbursements) 5.b Packet Pg. 148 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 149 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 150 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 151 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 152 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 153 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 154 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 155 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 156 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 157 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 158 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 159 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 160 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 161 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 162 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 163 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.b Packet Pg. 164 Attachment: FN. Commercial Checks & Payroll. Register #46 ATTACHMENT#2 (6736 : Approval of 5.c Packet Pg. 165 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 166 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 167 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 168 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 169 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 170 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 171 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 172 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 173 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 174 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 175 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 176 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 177 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 178 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 179 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 180 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 181 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 182 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.c Packet Pg. 183 Attachment: FN. Commercial Checks & Payroll. Register #47 ATTACHMENT#3 (6736 : Approval of 5.d Packet Pg. 184 Attachment: FN. EFT Register #900. ATTACHMENT#4 (6736 : Approval of Commercial and Payroll 5.d Packet Pg. 185 Attachment: FN. EFT Register #900. ATTACHMENT#4 (6736 : Approval of Commercial and Payroll 5.e Packet Pg. 186 Attachment: FN. EFT Register #901. ATTACHMENT#5 (6736 : Approval of Commercial and Payroll 5.e Packet Pg. 187 Attachment: FN. EFT Register #901. ATTACHMENT#5 (6736 : Approval of Commercial and Payroll 5.f Packet Pg. 188 Attachment: FN. EFT Register #902-#905. ATTACHMENT#6 (6736 : Approval of Commercial and Payroll 5.f Packet Pg. 189 Attachment: FN. EFT Register #902-#905. ATTACHMENT#6 (6736 : Approval of Commercial and Payroll Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Paul Espinoza, Finance Director Subject: Monthly Investment Portfolio Report for April 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 April 2020. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended April 30, 2020. As of November 6, 2019, the City’s Investment Portfolio is in ful l compliance with the California Government Code Section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2020-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Financial Stability by Implementing and maintaining and updating a fiscal accountability plan. Fiscal Impact None Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2020. Attachments Attachment 1 Investment Portfolio Management Summary Report 6 Packet Pg. 190 6732 Page 2 Ward: All Synopsis of Previous Council Actions: None 6 Packet Pg. 191 CITY OF SAN BERNARDINO Portfolio Management April 30, 2020 CITY OF SAN BERNARDINO FINANCE DEPARTMENT 290 N D. ST SAN BERNARDINO, CA 92401 (909)384-5242Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM 360 Equiv. YTM 365 Equiv. State Local Agency Investment Fund 47,780,949.29 140.89 1.625147,780,949.2947,780,949.29 1.648 Managed Pool Accounts 1,769.10 10.00 1.75611,769.101,769.10 1.780 Corporate Notes 11,108,058.02 1,3399.51 1.8941,20511,132,812.9111,062,890.00 1.921 Federal Agency Issues - Coupon 41,428,810.00 1,43435.46 1.74566641,971,490.2541,425,000.00 1.769 Supranationals 2,004,941.76 1,4451.72 1.8201,3682,017,800.002,000,000.00 1.845 Treasury Securities - Coupon 4,993,722.91 1,2754.27 2.1723555,098,050.005,000,000.00 2.202 Certificates of Deposit 6,188,000.00 1,5825.30 2.4387836,486,474.266,188,000.00 2.472 Money Market Funds 3,342,779.06 12.86 0.10813,342,779.063,342,779.06 0.110 116,849,030.14 100.00%Investments 117,832,124.87116,801,387.45 799 431 1.720 1.744 Cash and Accrued Interest 116,870,914.86Total Cash and Investments 21,884.72Subtotal 21,884.72 117,854,009.59116,801,387.45 21,884.72 21,884.72 799 431 1.720 1.744 Accrued Interest at Purchase Current Year April 30 171,801.36 Fiscal Year To Date 1,657,312.01 Average Daily Balance Effective Rate of Return 118,108,159.76 106,045,751.45 1.87%1.77% Total Earnings Month Ending "I certify that this report accurately reflects all pooled investments and is in conformity with the Investment Policy Statement approved by the Mayor and City Council on November 6, 2019. *Book Value is amortized Cost Basis **Market Values provided by BNY Western Trust. __________________________________________________ ____________________ PAUL ESPINOZA, DIRECTOR OF FINANCE Portfolio CITY AP Reporting period 04/01/2020-04/30/2020 Run Date: 05/07/2020 - 10:05 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.3b 6.a Packet Pg. 192 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for YTM 360 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2020 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date State Local Agency Investment Fund 1.625LOCAL AGENCY INVESTMENT FUND10001 47,780,949.29 47,780,949.29 1.64847,780,949.29SYS 1 47,780,949.2947,780,949.2947,780,949.2941,902,327.11Subtotal and Average 1.625 1 Managed Pool Accounts 1.756CALTRUST GOVT INVESTMENT FUND20008 1,769.10 1,769.10 1.7801,769.1020008 1 1,769.101,769.101,769.101,756.96Subtotal and Average 1.756 1 Corporate Notes 1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,453.75 05/10/20231.95001/10/2020 994,150.00 A02665WDH1 1,104 1.732APPLE INC30554 1,000,000.00 998,704.84 09/11/20221.70012/10/2019 1,025,930.00 Aaa037833DL1 863 1.778APPLE INC30561 998,890.00 998,890.00 09/11/20241.80001/24/2020 1,035,719.07 Aaa037833DM9 1,594 2.152BANK OF AMERICA CORPORATION30549 1,000,000.00 1,000,000.00 10/30/20222.10010/30/2019 986,040.00 Aa06048WD72 912 2.201BANK OF AMERICA CORPORATION30568 1,000,000.00 1,000,000.00 02/28/20252.05002/28/2020 992,530.0006048WH94 1,764 1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,017,002.17 08/16/20232.20010/16/2019 2,050,040.00 Aaa06406FAD5 1,202 1.180JOHNSON & JOHNSON30570 1,000,000.00 1,003,745.81 03/01/20211.65003/03/2020 1,009,690.00 Aaa478160BS2 304 2.271J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 982,160.00 Aaa48128GN97 1,697 1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,089,261.45 01/25/20232.65001/27/2020 1,110,613.84 Aa808513AT2 999 2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 945,940.00 Aaa89236TGN9 1,635 11,108,058.0211,132,812.9111,062,890.0011,108,803.32Subtotal and Average 1.894 1,205 Federal Agency Issues - Coupon 1.726FEDERAL FARM CREDIT BANK30536 1,000,000.00 1,000,000.00 10/26/20201.75010/26/2017 1,006,610.00 Aaa3133EHJ95 178 1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,016,514.87 12/13/20212.11012/31/2019 2,058,420.00 Aaa3133EH2T9 591 1.618FEDERAL FARM CREDIT BANK30557 1,000,000.00 1,000,000.00 04/09/20211.64001/09/2020 1,002,170.00 Aaa3133ELGK4 343 1.612FEDERAL FARM CREDIT BANK30564 1,000,000.00 999,074.14 02/10/20231.60002/11/2020 1,006,790.003133ELMD3 1,015 1.647FEDERAL FARM CREDIT BANK30567 1,000,000.00 1,000,000.00 06/03/20241.67003/03/2020 1,000,530.003133ELQU1 1,494 0.819FEDERAL FARM CREDIT BANK30571 1,000,000.00 1,000,000.00 12/16/20210.83003/16/2020 1,000,030.003133ELTM6 594 0.773FEDERAL FARM CREDIT BANK30572 1,000,000.00 999,541.67 09/16/20210.75003/16/2020 1,000,030.003133ELTL8 503 1.164FEDERAL HOME LOAN BANK30516 1,000,000.00 1,000,685.10 09/11/20201.37511/02/2016 1,001,240.00 Aaa313380WG8 133 1.781FEDERAL HOME LOAN BANK30522 1,000,000.00 998,409.06 12/24/20201.55001/09/2017 1,007,430.00 Aaa313381P25 237 1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 998,954.21 11/29/20211.87501/19/2017 1,025,640.00 Aaa3130AABG2 577 1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 998,836.91 11/29/20211.87502/14/2017 1,025,640.00 Aaa3130AABG2 577 1.672FEDERAL HOME LOAN BANK30534 1,000,000.00 1,000,491.89 04/07/20211.75006/14/2017 1,013,650.00 Aaa3130AB5A0 341 1.687FEDERAL HOME LOAN BANK30535 1,000,000.00 1,001,763.47 06/11/20211.87506/22/2017 1,014,520.00 Aaa313379RB7 406 2.541FEDERAL HOME LOAN BANK30539 1,000,000.00 1,001,038.40 09/11/20202.87506/11/2018 1,009,590.00 Aaa313370US5 133 2.836FEDERAL HOME LOAN BANK30540C 1,000,000.00 1,000,000.00 01/29/20242.87501/29/2019 1,015,750.00 Aaa3130AFRQ2 1,368 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.3b 6.a Packet Pg. 193 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for YTM 360 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2020 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 1.775FEDERAL HOME LOAN BANK30552 1,000,000.00 1,000,000.00 12/19/20221.80012/19/2019 1,001,570.00 Aaa3130AHPB3 962 1.795FEDERAL HOME LOAN BANK30556 1,000,000.00 1,000,000.00 12/23/20221.82012/31/2019 1,001,940.00 Aaa3130AHRV7 966 1.726FEDERAL HOME LOAN BANK30565 2,000,000.00 2,000,000.00 02/12/20251.75002/12/2020 2,001,080.003130AJ5F2 1,748 1.529FEDERAL HOME LOAN BANK30566 1,000,000.00 1,000,000.00 03/25/20241.55003/25/2020 1,005,540.003130AJAX7 1,424 1.341FEDERAL HOME LOAN MORTGAGE CRP30518 1,000,000.00 997,094.22 08/12/20211.12511/07/2016 1,011,200.00 Aaa3137EAEC9 468 1.450FEDERAL HOME LOAN MORTGAGE CRP30520 1,000,000.00 1,000,000.00 05/01/20201.37511/22/2016 1,000,000.00 Aaa3137EADR7 0 1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,963.03 01/26/20222.00001/30/2017 436,530.25 Aaa3134GAU44 635 2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,033,350.00 Aaa3134GA5T7 668 1.973FEDERAL HOME LOAN MORTGAGE CRP30530C 1,000,000.00 1,000,000.00 09/16/20212.00003/16/2017 1,023,930.00 Aaa3134GA5C4 503 1.933FEDERAL HOME LOAN MORTGAGE CRP30531 1,000,000.00 998,991.71 07/26/20211.87503/06/2017 1,021,190.00 Aaa3134G9M20 451 2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 998,667.70 04/26/20222.00011/06/2017 1,033,980.00 Aaa3134GBP55 725 2.841FEDERAL HOME LOAN MORTGAGE CRP30541C 1,000,000.00 1,000,000.00 03/20/20242.88003/20/2019 1,003,300.00 Aaa3134GS5Q4 1,419 2.408FEDERAL HOME LOAN MORTGAGE CRP30543C 1,000,000.00 1,000,737.07 05/22/20232.50005/28/2019 1,001,100.00 Aaa3134GTNN9 1,116 1.627FEDERAL HOME LOAN MORTGAGE CRP30558 1,000,000.00 1,000,000.00 07/13/20221.65001/13/2020 1,002,520.00 Aaa3134GUW55 803 1.272FEDERAL NATIONAL MORTGAGE ASSO30510C 1,000,000.00 999,922.92 09/29/20201.27009/29/2016 1,002,140.00 Aaa3136G37C3 151 1.332FEDERAL NATIONAL MORTGAGE ASSO30512C 1,000,000.00 1,000,000.00 03/29/20211.35009/29/2016 1,009,210.00 Aaa3136G4BD4 332 1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,175.31 10/07/20211.37510/13/2016 1,016,440.00 Aaa3135GOQ89 524 1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,375.34 10/07/20211.37510/31/2016 1,016,440.00 Aaa3135G0Q89 524 1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,153.39 10/07/20211.37511/03/2016 1,016,440.00 Aaa3135GOQ89 524 1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 995,003.69 10/07/20211.37511/18/2016 1,016,440.00 Aaa3135G0Q89 524 1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,427.07 01/05/20222.00001/23/2017 1,029,350.00 Aaa3135G0S38 614 1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,659.33 01/05/20222.00002/02/2017 1,029,350.00 Aaa3135G0S38 614 1.775FEDERAL NATIONAL MORTGAGE ASSO30527C 1,000,000.00 1,000,000.00 08/21/20201.80002/21/2017 1,004,760.00 Aaa3136G4LA9 112 2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,329.50 01/05/20222.00003/02/2017 1,029,350.00 Aaa3135G0S38 614 2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,036,300.00 Aaa3136G4MQ3 697 41,428,810.0041,971,490.2541,425,000.0046,050,513.76Subtotal and Average 1.745 666 Supranationals 1.726INTL BK RECON & DEVELOPMENT30562 1,000,000.00 1,000,000.00 01/27/20231.75001/27/2020 1,008,500.00 Aaa45905U5U4 1,001 1.913INTL BK RECON & DEVELOPMENT30569 1,000,000.00 1,004,941.76 01/28/20252.05003/03/2020 1,009,300.00 Aaa459058HV8 1,733 2,004,941.762,017,800.002,000,000.002,004,983.11Subtotal and Average 1.820 1,368 Treasury Securities - Coupon 1.501U.S. TREASURY40000 1,000,000.00 1,000,164.43 06/30/20201.62511/28/2016 1,002,510.00 Aaa912828XH8 60 1.919U.S. TREASURY40001C 1,000,000.00 1,000,689.82 08/31/20212.00002/21/2017 1,024,530.00 Aaa912828D72 487 2.348U.S. TREASURY40002 1,000,000.00 998,446.36 07/31/20212.25002/12/2018 1,025,780.00 Aaa912828WY2 456 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM2) 7.3.0 6.a Packet Pg. 194 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for YTM 360 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2020 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Treasury Securities - Coupon 2.510U.S. TREASURY40003 1,000,000.00 996,476.18 07/31/20212.25006/04/2018 1,025,780.00 Aaa912828WY2 456 2.584U.S. TREASURY40004 1,000,000.00 997,946.12 03/15/20212.37506/25/2018 1,019,450.00 Aaa9128284B3 318 4,993,722.915,098,050.005,000,000.004,993,528.07Subtotal and Average 2.172 355 Certificates of Deposit 1.7261ST TECHNOLOGY FEDERAL CREDIT80034 248,000.00 248,000.00 06/30/20211.75006/30/2016 250,847.1633715LAD2 425 2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 252,954.0102587DM70 579 2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 254,923.0705580AGK4 664 2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 270,273.9514042RLW9 1,490 2.860CITI BANK SALT LAKE CITY UTAH80043 246,000.00 246,000.00 05/24/20212.90005/23/2018 251,371.2617312QM22 388 2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 272,842.5520033AU61 1,445 2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 260,085.6027002YEP7 753 1.825CAPITAL ONE BANK USA NATL80026 248,000.00 248,000.00 06/03/20201.85006/03/2015 248,383.68140420RT9 33 3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 264,005.4338148P4B0 991 1.775J.P. MORGAN CHASE & CO80037 248,000.00 248,000.00 11/18/20211.80011/18/2016 252,696.7548126XLB9 566 2.910MEDALLION BANK80044 249,000.00 249,000.00 06/04/20212.95006/04/2018 254,866.9658404DCA7 399 2.860MORGAN STANLEY BANK80042 246,000.00 246,000.00 05/10/20212.90005/10/2018 251,179.4361747MX63 374 3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 271,133.5561760AVF3 1,370 2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 269,978.7161760AG52 1,504 2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 261,773.34668015AL4 1,018 2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 258,011.6869140WAS4 788 2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 255,648.85857894SK6 622 1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 250,905.9387165FNC4 538 2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 269,989.9087270LBU6 1,392 2.959UBS FINANCE COMMERCIAL PAPER80045 249,000.00 249,000.00 06/14/20213.00006/13/2018 255,154.0190348JCU2 409 2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 254,231.52940727AH3 663 3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 553,570.85949763WU6 1,357 1.301WELLS FARGO BANK20033 250,000.00 250,000.00 06/28/20201.30106/28/2018 250,000.001611507847 58 1.726WELLS FARGO BANK80033 249,000.00 249,000.00 06/17/20211.75006/17/2016 251,646.079497485W3 412 6,188,000.006,486,474.266,188,000.006,188,000.00Subtotal and Average 2.438 783 Money Market Funds 0.108WELLS FARGO GOVT MONEY MARKET20002 3,342,779.06 3,342,779.06 0.1103,342,779.06SYS20002 1 3,342,779.063,342,779.063,342,779.065,858,247.43Subtotal and Average 0.108 1 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM2) 7.3.0 6.a Packet Pg. 195 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for YTM 360 Page 4 Par Value Book Value Stated RateMarket Value April 30, 2020 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date 118,108,159.76 116,801,387.45 1.720 431117,832,124.87 116,849,030.14Total and Average Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM2) 7.3.0 6.a Packet Pg. 196 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for YTM 360 Page 5 Par Value Book Value Stated RateMarket Value April 30, 2020 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date 0.00 118,108,159.76 116,801,387.45 1.720 431 0 21,884.72 21,884.72 21,884.72 21,884.72 Subtotal Accrued Interest at PurchaseAverage Balance 117,854,009.59 116,870,914.86Total Cash and Investments Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM2) 7.3.0 6.a Packet Pg. 197 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for Page 1 Stated Rate Transaction Date April 1, 2020 through April 30, 2020 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals State Local Agency Investment Fund (Monthly Summary) LOCAL AGENCY INVESTMENT FUND10001 9,704,190.391.648 0.00SYS 0.00 47,780,949.29Subtotal9,704,190.39 Managed Pool Accounts (Monthly Summary) CALTRUST GOVT INVESTMENT FUND20008 12.561.780 0.0020008 0.00 1,769.10Subtotal12.56 Corporate Notes 11,108,058.02Subtotal Federal Agency Issues - Coupon FEDERAL FARM CREDIT BANK30514C 0.001.580 04/08/2020 949,951.103133EGZP3 FEDERAL FARM CREDIT BANK30545C 0.001.820 04/15/2020 1,000,000.003133EK2F2 FEDERAL FARM CREDIT BANK30546C 0.001.980 04/17/2020 999,850.003133EKX76 FEDERAL FARM CREDIT BANK30553 0.001.740 04/22/2020 1,000,000.003133ELDV3 FEDERAL FARM CREDIT BANK30560 0.001.840 04/16/2020 1,000,000.003133ELGS7 FEDERAL HOME LOAN BANK30550 0.001.875 04/28/2020 1,000,000.003130AHGQ0 FEDERAL HOME LOAN MORTGAGE CRP30542C 0.002.600 04/24/2020 1,000,000.003134GTJW4 FEDERAL HOME LOAN MORTGAGE CRP30544C 0.002.100 04/09/2020 2,000,000.003134GUGG9 8,949,801.10 41,428,810.00Subtotal0.00 Supranationals 2,004,941.76Subtotal Treasury Securities - Coupon 4,993,722.91Subtotal Certificates of Deposit 6,188,000.00Subtotal Money Market Funds (Monthly Summary) WELLS FARGO GOVT MONEY MARKET20002 12,200,785.530.110 13,488,628.77SYS20002 13,488,628.77 3,342,779.06Subtotal12,200,785.53 116,849,030.14Total22,438,429.8721,904,988.48 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM3) 7.3.0 Report Ver. 7.3.3b 6.a Packet Pg. 198 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for Page 1 April 2019 through April 2020 Activity Summary Month Portfolio Management End Year Number of Securities Total Invested 360 Equivalent 365 Equivalent Managed Pool Rate Average Term Average Days to Maturity CITY OF SAN BERNARDINO Number of Investments Purchased Number of Investments Redeemed Yield to Maturity 108,862,266.26April201987 929 3561.626 1.648 2.450 2 1 128,886,141.21May201985 745 3021.353 1.372 2.450 3 5 124,896,967.11June201977 669 3021.301 1.319 2.449 1 9 102,169,953.51July201976 792 3482.076 2.105 2.379 0 2 100,006,961.73August201973 782 3401.984 2.012 2.341 0 3 94,603,560.06September201969 795 3441.971 1.998 2.280 0 4 91,198,209.04October201976 960 4741.957 1.985 2.190 7 0 96,737,190.19November201974 869 4301.945 1.972 2.103 0 2 104,414,539.79December201978 846 4521.942 1.969 2.043 6 2 116,512,135.33January202085 826 4561.903 1.929 1.967 7 0 123,735,583.62February202088 831 4671.870 1.896 1.912 3 0 117,383,961.74March202092 898 5271.760 1.784 1.730 6 2 116,849,030.14April202084 799 4311.720 1.744 1.648 0 8 Average 109,712,038.44 1.801%1.826%2.149 3 3 826 40280 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM4) 7.3.0 Report Ver. 7.3.3b 6.a Packet Pg. 199 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for Page 1 April 2019 through April 2020 Distribution of Investments By Type Portfolio Management CITY OF SAN BERNARDINO AverageMayAprilJune 2019 2019 by Period AugustJuly September 2019 2019 NovemberOctober December 2019 2019 January March 2020 2020 April 2020Security Type February 2020201920192019 0.3 0.30.4State Local Agency Investment Fund 0.4 23.70.4 32.5 35.824.6 35.2 32.434.8 40.9 20.1% 52.4 57.341.3Managed Pool Accounts 49.9 25.749.5 10.7 6.713.0 1.54.2 24.0% 0.2 0.20.2Negotiable CD's - Bank 0.1% Corporate Notes 4.2 5.84.4 8.2 9.57.8 9.5 3.8% 37.8 32.647.4Federal Agency Issues - Coupon 37.8 38.937.9 41.1 41.045.8 39.4 42.939.3 35.5 39.8% Supranationals 0.8 1.70.9 1.7 0.4% 3.9 4.04.6Treasury Securities - Coupon 5.0 5.34.9 5.2 4.85.5 4.0 4.34.3 4.3 4.6% 5.2 5.45.9Certificates of Deposit 6.7 6.57.0 6.4 5.96.8 5.0 5.35.3 5.3 5.9% Treasury Discounts -Amortizing Money Market Funds 5.8 3.93.4 2.9 1.2% 0.2 0.20.2Certificate Deposit-2 0.30.2 0.1% Negotiable CDs -3 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM5) 7.3.0 Report Ver. 7.3.3b 6.a Packet Pg. 200 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for Page 1 April 30, 2020 Interest Earnings Summary Month EndingApril 30 Fiscal Year To Date Portfolio Management CITY OF SAN BERNARDINO CD/Coupon/Discount Investments: 167,666.26Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 246,212.56 ( 301,493.35) 957,568.14 254,282.80 ( 251,389.57) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 112,385.47 -1,489.76 48.90 960,461.37 -2,775.31 6,411.22 110,944.61 964,097.28 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 205,032.17Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 505,708.23 ( 649,883.65) 767,998.61 505,708.23 ( 580,492.11) Interest Earned during Period 60,856.75 693,214.73 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 173,242.22 -1,489.76 48.90 1,653,676.10 -2,775.31 6,411.22 171,801.36 1,657,312.01 Portfolio CITY AP Run Date: 05/07/2020 - 10:05 PM (PRF_PM6) 7.3.0 Report Ver. 7.3.3b 6.a Packet Pg. 201 Attachment: FN. Investment Portfolio Report April 2020 (6732 : Monthly Investment Portfolio Report for Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Eric McBride, Acting Chief of Police Subject: Resolution Authorizing the Increase of a Purchase Order Issued to Duratech USA, Inc. Recommendation Adopt Resolution No. 2020-110 of the Mayor and City Council of the City of San Bernardino, California, authorizing the increase of the purchase order issued to Duratech USA, Inc. to $70,200. Background On September 18, 2019, the Mayor and City Council adopted Resolution No. 2019 -290 approving the issuance of purchase orders to Fairview Ford, DuraTech USA, Inc ., and West Coast Lights & Sirens for the purchase of twelve new polic e vehicles and related equipment. Equipment installed in the vehicles includes Mobile Data Computers (MDCs) necessary for communications between patrol staff and police dispatch . Discussion A purchase order was issued to DuraTech USA, Inc., in October 2019 for the purchase of twelve MDCs based on formal bid F-19-27 in the amount of $69,000. Staff has determined that one additional MDC, for a total of thirteen Mobile Data Computers , are needed to ensure all new vehicles are equipped with MDCs. It also pr ovides the department one additional MDC in case a replacement is needed for an older model that will no longer be compatible with the New World CAD Dispatch system due to be upgraded in June 2020. The purchase of the additional MDC will exceed the approv ed purchase order amount by $1,141.07. Staff is requesting to increase the purchase order issued to DuraTech USA, Inc., to a total not to exceed $70,200. 2020-2025 Key Strategic Targets and Goals The purchase of an additional Mobile Data Computer 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 The fiscal impact to the City is $1,200. There is sufficient funding in the FY 2019/20 7 Packet Pg. 202 6735 Page 2 Adopted Budget in account number 001-210-0001*5701. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-110, authorizing the increase of the purchase order issued to DuraTech USA, Inc., to a total of $70,200. Attachments Attachment 1 Resolution 2020-110 Ward: All Synopsis of Previous Council Actions: 9/18/19 Mayor and City Council adopted Resolution No. 2019-290, approving the purchase of 12 police vehicles and related equipment in an amount not to exceed $710,000. 2/2/19 Mayor and City Council adopted Resolution 2019-21 authorizing the issuance of a purchase order to DuraTech USA, Inc., for the purchase of Mobile Data Computers. 12/6/17 Mayor and City Council adopted Resolution 2017-235 approving purchase orders issued to Fairview Ford, Innovative Emergency Equipment, and DuraTech USA, Inc., for purchase of police vehicles and equipment. 6/21/17 Mayor and City Council adopted Resolution 2017 -115 approving a purchase order issued to DuraTech USA, Inc., for the Mobile Data Computers for police vehicles. 7 Packet Pg. 203 RESOLUTION NO. 2020-110 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE INCREASE OF THE PURCHASE ORDER ISSUED TO DURATECH USA, INC., TO A TOTAL OF $70,200 WHEREAS, the City selected DuraTech USA, Inc., through formal bid F-19-27 in January of 2019; and WHEREAS, the City of San Bernardino determined that it is advantageous and in the best interest of the City to purchase Mobile Data Computers from Duratech USA, Inc.; and WHEREAS, the City issued a purchase order to DuraTech USA, Inc., for the purchase of 12 Mobile Data Computers in October 2019. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Director of Finance is hereby authorized to increase the Purchase Order issued to DuraTech USA, Inc., to a total not to exceed $70,200 for the purchase of one additional Mobile Data Computer. 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 7.a Packet Pg. 204 Attachment: PD-IncreasePurchaseOrderToDuratch-Reso (6735 : Resolution Authorizing the Increase of a Purchase Order Issued to Duratech Resolution No. 2020-110 Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho , City Attorney 7.a Packet Pg. 205 Attachment: PD-IncreasePurchaseOrderToDuratch-Reso (6735 : Resolution Authorizing the Increase of a Purchase Order Issued to Duratech Resolution No. 2020-110 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 7.a Packet Pg. 206 Attachment: PD-IncreasePurchaseOrderToDuratch-Reso (6735 : Resolution Authorizing the Increase of a Purchase Order Issued to Duratech Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Cannabis Consulting Services Agreement - Clean Up Item Recommendation Adopt Resolution No. 2020-111 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and SCI Consulting Group (SCI) for Cannabis Monitoring and Financial Audit Services at the proposed contract amount; and approve the amended Minutes for the December 4, 2019 Mayor and City Council meeting, Item No. 24, reflecting the correct motion and consulting group awarded the Professional Services Agreement for Cannabis Monitoring and Financial Audit Services. Background At the December 4, 2019 Mayor and City Council meeting, the Community and Economic Development Department presented the results of the Request for Proposal (RFP) to solicit interest from consultants to provide cannabis monitoring and financial auditing services to the City of San Bernardino. Based on the results of the RFP, staff recommended that the City Council award the Professional Services Agreement to HdL. The RFP was scheduled as a consent agenda item. Councilman Sanchez requested that the item be called up for discussion at which time the Councilman made a motion to substitute SCI Consulting Group (SCI) for HdL. Councilman Nickel seconded the motion and the alternate motion passed by a vote of six to one. Discussion Subsequent to the December 4, 2019 meeting, a resolution was routed for execution in error awarding the Professional Services Agreement/Contract to HdL instead of SCI. Additionally, the minutes for this item were also incorrect. Staff has become aware of these errors and is taking the appropriate action to correct the minutes and resolution for this agenda item. As staff reviewed the agenda item again, staff realized that there was no inquiry into the contract amount for SCI. The proposed contract amount for HdL was $385,000 and the contract amount for SCI is an additional $34,000 for a total contract amount of $419,000. The intent of clarifying the contract amount is to clarify the contractual amount for the record. However, it should be noted that the contract costs are covered by the application and processing fees for cannabis businesses. 8 Packet Pg. 207 6747 Page 2 2020-2025 Key Strategic Targets and Goals Adopting the resolution, amended minutes, and clarifying the contractual amount for contractual services aligns with Key Target No. 1: Financial Stability since it clarifies the actions that occurred to award a Professional Services Agreement to SCI C onsulting Group to monitor cannabis business and provide financial auditing services. Fiscal Impact At the adoption of the FY 2019-20 budget staff did not anticipate the additional revenues estimates or the additional anticipated costs associated with com mercial cannabis program. To fund the agreement with SCI for Cannabis Monitoring and Financial Audit Services, the two actions include: 1. An amendment to the FY 2019-20 adopted budget in Community and Economic Development - Professional Contract Services (account no. 001-180-8661*5502) in the amount of $139,667; and 2. An increase to General Fund Revenues - Cannabis Permit Application Fees (account no. 001-180-8661*4451) in the amount of $80,800 and Cannabis Permit Regulatory Fees (account no. 001-180-8661*4452) in the amount of $160,160. Subsequent years estimated revenues and appropriations may be included in future years proposed budgets. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-111, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and SCI Consulting Group (SCI) for Cannabis Monitoring and Financial Audit Services at the proposed contract amount; and approve the amended Minutes for the December 4, 2019 Mayor and City Council meeting, Item No. 24, reflecting the correct motion and consulting group awarded the Professional Services Agreement for Cannabis Monitoring and Financial Audit Services. Attachments Attachment 1 Resolution 2020-111 Attachment 2 Cannabis Monitoring and Financial Audit Services Agreement with SCI Consulting Group (for reference only) Attachment 3 Amended Minutes of December 4, 2019 Ward: All Synopsis of Previous Council Action: December 4, 2019 Mayor and City Council awarded the Professional Services Agreement for Cannabis Monitoring and Financial Audit Services to SCI Consulting Group. 8 Packet Pg. 208 RESOLUTION NO. 2020-111 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SCI CONSULTING GROUP (SCI) FOR CANNABIS MONITORING AND FINANCIAL AUDIT SERVICES WHEREAS, on May 1, 2019, the Mayor and City Council directed staff to prepare and distribute a Request for Proposal (RFP) for Cannabis Monitoring and Financial Audit Services ; and WHEREAS, the City received seven (7) proposals from a wide range of consultants; and WHEREAS, the written proposals were evaluated by a selection committee comprised of City staff representing the Community & Economic Development Department; and WHEREAS, SCI Consulting Group (SCI) was selected as the top candidate by the selection committee due to its experience and status as an industry leader in cannabis development, implementation and enforcement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized and directed to execute a Professional Services Agreement with SCI Consulting Group (SCI) attached hereto as Exhibit “A”, in an amount not to exceed $419,000.00 for a term ending December 30, 2022 with two (2) one-year extensions. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. 8.a Packet Pg. 209 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.Attachement 1.RESO (6747 : Cannabis Consulting Services Resolution No. ___ 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 8.a Packet Pg. 210 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.Attachement 1.RESO (6747 : Cannabis Consulting Services Resolution No. ___ 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 8.a Packet Pg. 211 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.Attachement 1.RESO (6747 : Cannabis Consulting Services 8.b Packet Pg. 212 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 213 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 214 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 215 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 216 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 217 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 218 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 219 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 220 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 221 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 222 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 223 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 224 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 225 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 226 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 227 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 228 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 229 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 230 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 231 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 232 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 233 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 234 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 235 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 236 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 237 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 238 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 239 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 240 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 241 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 242 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 243 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 244 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 245 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 8.b Packet Pg. 246 Attachment: CED.Cannabis Consulting Services Agreement-Clean Up Item.SCI Consulting PSA.Attachment 2 (6747 : Cannabis Consulting 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, DECEMBER 4, 2019 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, December 4, 2019, in the Council Chamber, 555 West 6Th Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:30 PM Sandra Ibarra Council Member, Ward 2 Late 7:32 PM Juan Figueroa Council Member, Ward 3 Present 5:30 PM Fred Shorett Council Member, Ward 4 Present 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Present 5:30 PM James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:30 PM Gary D. Saenz City Attorney Present 5:30 PM Teri Ledoux City Manager Present 5:30 PM CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Catrice Brown, et al. v. SBPD Officers, et al., United States District Court Case No. 5:18-cv-00894 JGB-SP Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 8.c Packet Pg. 247 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/19/2019 ii. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1926878 iii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 iv. Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, Los Angeles County Superior Court Case No. BC465755 v. Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 vi. Pepe’s, Inc., a California corporation dba Pepe’s Towing v. City of San Bernardino, United States District Court Case No. 5:18-cv-02277-SVW (SPx) vii. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 viii. San Bernardino Police Officer’s Association v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1817732 ix. Vinson Gates v. City of San Bernardino, WCAB Case Nos. ADJ8851339 and ADJ8851338 x. James Kearns v. City of San Bernardino, WCAB Case Nos. ADJ814764 ADJ7602695, ADJ8673801, and ADJ10018397 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases (C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases (D) PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): City Manager and City Clerk - City Manager initiated to discuss procedure related to future appointments (E) THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Police Chief, San Bernardino Police Department The mayor opened the meeting with a moment of silence in honor of San Bernardino resident PJ Seleska, spouse of City Clerk Hanna. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance were led by Pastor Jerrold Thompson of San Bernardino Community Seventh Day Adventist church CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho reported that the council authorized filing a receivership action. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Racine Adams, San Bernardino, said she had lived on Home avenue for more than 50 years and the street has been paved once. She said the street needs to be repaved and street signs installed on the corners of Virginia Street at Florence and Magnolia because accidents occur there. She said there needs to be signs for street sweeping and cars that aren’t moved be ticketed. 8.c Packet Pg. 248 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/19/2019 Thomas Fleming, San Bernardino, questioned police training and a recent shooting of a mentally ill person. He said the police didn’t choose to use non-lethal weapons. He decried police salaries when there are homeless in city. He asked whether Jesus would approve of the city and its actions. Robert Porter, San Bernardino, thanked Sandra Ibarra for being his voice while he recovered from heart surgery and thanked people for being kind to him during his rough time and invited people to join his Facebook group and listen to his radio show. Damon Alexander, San Bernardino, thanked the sponsors, residents and elected officials for supporting the 5th annual Turkey Trot, despite the rain. He said nearly 500 people participated. Treasure Ortiz, San Bernardino, said the council cannot afford to take off meetings and said it leads to heavy agendas that leaves little time to consider important items. Questioned the filling of the police chief vacancy and said there needs to be a nationwide search. Said the city needs to be willing to cut where cuts need to be made and it requires creativity. Shirley Harlan, San Bernardino, spoke about the importance of registering to vote. Pearline Jones, San Bernardino, spoke about her issues of being homeless while not having identification. She said that, despite several requests via public comment at the Council meetings, no one has helped her. Christopher Kim said he had been involved in supporting politicians for years and if the Mayor and Council need a raise to get things done he is supportive of that. He spoe about non-profit organization that helps mentally ill homeless and said if the council would like him to set up a meeting for them to come to San Bernardino to open a shelter, to let him know. STAFF REPORTS 1. Animal Shelter Assessment and Repair Costs Speakers Angela Halfman Robert Porter Page Miller Clementina Pina Shirley Harlan Approved Motion: Adopt the resolution; Reso. 2019-356 Resolution of the Mayor and City Council of the City of San Bernardino, California, appropriating funding from the Animal Shelter Improvement Fund and amending fiscal year 2019/20 CIP; Authorizing the City Manager to engage Black O’Dowd and Associates to complete the electrical panel design, plans, and specifications; and authorizing the City Manager to execute a construction agreements with San Marino Roof Company Inc. for roof replacement and with Noble E & C Inc. for mold abatement and reconstruction. 8.c Packet Pg. 249 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/19/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Establishment of the Animal Services Department Speakers Robert Porter Page Miller Treasure Ortiz Approved Motion: Adopt the resolution; Reso. 2019-355 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the classification and approving the job description of Director of Animal Services (U), establishing the Animal Services Department, and amending the Fiscal Year 2019/20 Adopted Budget. RESULT: ADOPTED [4-3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Nickel, Richard NOES: Ibarra, Shorett, Mulvihill 3. Establishing a Moratorium on Land Use Entitlements and All License or Permit Applications for the Operation of Public or Private Social Service Uses or Welfare Operations Speakers Lynne Wear Joyce Seeger Amelia Lopez Clementina Pina Approved Motion: Read By Title Only, Waive Further Reading, and Adopt Urgency Ordinance No. MC-1527 MC-1527 Ordinance of the Mayor and City Council of the City of San Bernardino, California, Establishing A Moratorium On the Approval of Land Use Entitlements and All License or Permit Applications Allowing for the Operation of Public or Private Social Service Uses or Welfare Operations at Any Location Within 750 Feet of Any Residentially-Zoned Property Within the City. 8.c Packet Pg. 250 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 12/19/2019 RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa Nickel, Richard, Mulvihill NOES: Shorett 4. Results of the Request for Qualification Process for the Carousel Mall Property Speakers Lorena Peng, SEG America Gerard Meyer, Renaissance Downtown USA Ernesto Hidalgo, Renaissance Downtown USA Jian Torkian, ICO Real Estate Group Approved Motion: Direct the City Manager to proceed with a Request for Proposal process for the top three candidates RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa Nickel, Richard, Mulvihill NOES: Shorett * At this point in the meeting, The Mayor and Councill took a break, returning at 10:15 pm. PUBLIC HEARINGS 5. 2019 Building Code Adoption Mayor Valdivia opened the public hearing. Approved Motion: Adopt the ordinance. MC-1525 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving the adoption of the 2019 California Building Codes as proposed and amended. RESULT: ADOPTED [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 251 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 12/19/2019 6. General Plan Amendment 19-02, Development Code Amendment (Zoning Map Amendment) 19-07 And Conditional Use Permit 19-13 (Snappy Mart – Kendal and Mountain) Approved Motion: Adopt the resolutions; and Introduce Ordinance MC-1524 Reso. 2019-325 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving of General Plan Amendment 19-02, changing the General Plan Land Use designation of a parcel (APN: 0151-201-03) containing approximately 0.12 acres located on the Northwest corner of W. Kendall Drive and N. Mountain Drive from Residential Suburban (RS) to Commercial General (CG-1); and, finding the project subject to a categorical exemption under the California Environmental Quality Act. Reso. 2019-326 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 19-13 on a project site comprised of four (4) parcels containing a total of approximately 1.20 acres located on the Northwest corner of W. Kendall Drive and N. Mountain Drive (APN: 0151-201-01, 02, 03 AND 05) within the Commercial General (CG-1) Zone and Transit District (TD) Overlay; and finding the project subject to a categorical exemption under the California Environmental Quality Act. MC-1524 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code amendment (Zoning Map amendment) 19-07 changing the zoning district classification of a parcel (APN: 0151-201-03) containing approximately 0.12 acres located on the Northwest corner of W. Kendall Drive and N. Mountain Drive from Residential Suburban (RS) to Commercial General (CG-1); and finding the project subject to a categorical exemption under the California Environmental Quality Act. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 252 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 12/19/2019 7. Appeal 19-04 for Development Permit Type-P 19-03 (Winchell’s – 3003 N. E Street) Speakers Michael Blatnick, oppose Claire Clark, oppose Son Noi, oppose James Penman, attorney for applicant, support Watasi, applicant Scott Johnson, oppose Gus Renteria, oppose Kathy Nelson, oppose Barrett Peterson, oppose Nick Gonzalez, oppose Linda Catalda, oppose Eddie Jimenez, oppose Pastor Gilbert Augustine, oppose Carlos Ramos, oppose. Approved Motion: Adopt the resolution; Reso. 2019-327 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 19- 04 thereby approving Development Permit Type-P 19- 03 allowing the development of a new commercial building for the establishment and operation of a restaurant use (Winchell's) on a parcel containing approximately 0.40 acres located at 3003 N. E Street (APN: 0152-193-29) within the Commercial General (CG-1) zone and Transit District (TD) Overlay; and finding that the project is Categorically Exempt under the California Environmental Quality Act. RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Ibarra 8.c Packet Pg. 253 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 12/19/2019 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. Council Member Sanchez pulled items 11, 12, and 24; Councilmember Figueroa pulled item 20; Council Member Shorett pulled item 36; and Council member Mulvihill pulled item 9. The vote on the remaining items was: RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated December 4, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. M/CC Approval of Draft Minutes for the Meetings of October 2, 2019, October 16, 2019, October 25, 2019, October 26, 2019, November 6, 2019 and November 25, 2019 Council Member Mulvihill requested that the language in the minutes of November 6, 2019 under Public Speakers reflect that Ms. Negrete made a formal request for investigation for possible misuse of public funds. Clerk Hanna indicated that the minutes would be updated. Approved Motion: Approve the draft minutes for the meetings of October 2, 2019, October 16, 2019, October 25, 2019, October 26, 2019, November 6, 2019 and November 25, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 254 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 12/19/2019 10. August, September and October 2019 City Board, Commission, and Citizen Advisory Committee Approved Minutes Approved Motion: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in October and November 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. 2020 Proposed City Council Meetings Failed Motion: That the Mayor and City Council approve modification of City Council meeting dates for the 2020 holidays and spring and summer months as follows: 1. Holiday Schedule - meet ONLY the first Wednesday in November 2020 and December 2020, and return on the third Wednesday in January 2021 2. Spring Recess - Cancel Wednesday, April 15, 2020 3. Summer Recess - Cancel Wednesday July 1, 2020 RESULT: FAILED [3-4] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Figueroa, Nickel, Richard NOES: Sanchez, Ibarra, Shorett, Mulvihill Failed Motion: That the Mayor and City Council have all meetings but the first one in January 2021. RESULT: FAILED [2-4-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, NOES: Figueroa, Nickel, Richard, Mulvihill ABSTAIN: Shorett 8.c Packet Pg. 255 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 12/19/2019 12. Maddy Act (Local Appointments List) Approved Motion: Adopt the resolution. Reso. 2019-328 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the list of local appointments and procedure for giving notice. RESULT: ADOPTED [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 13. Repeal of Resolution No. 2019-23 Regarding Elected Official Time Limits Approved Motion: Adopt the resolution. Reso. 2019-329 Resolution of the Mayor and City Council of the City of San Bernardino, California, repealing resolution No. 2019-23. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 14. Receive and File Legislative Update Approved Motion: Receive and file the Legislative Update. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 15. Approval of Commercial and Payroll Disbursements Approved Motion: Approve the commercial and payroll disbursements for October/November 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 256 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 12/19/2019 16. Monthly Report of Investment Transactions October 2019 Approved Motion: Receive and file the Monthly Report of Investment Transactions for the month ended October 31, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 17. Fiscal Year 2018/19 Year End Update and Resolution to Approve 2018/19 Carryovers and Continuing Appropriations Speakers Father Manning Cardoza Dawn Thomas Sergio Luna Approved Motions: Adopt the resolution; and Receive and file the Year-End Revenue & Expenditure Analysis Update for the Fiscal Year 2018-19 as set forth in Exhibit I, and; Reso. 2019-330 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the FY 2018- 19 Continuing Appropriations and Encumbrance Carryovers and amending the FY 2019-20 Budget to include the approved FY 2018-19 Continuing Appropriations and Encumbrance Carryovers as set forth in Exhibit II and Exhibit III. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. Salary Schedules for the Full-Time Miscellaneous and Safety Classifications for Fiscal Years 2011/12 through 2019/20 Approved Adopt the resolution Motion: Reso. 2019-269 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving revised salary schedules for the full-time miscellaneous and safety classifications of the City of San Bernardino for Fiscal Years 2011/12, 2012/13, 2013/14, 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 and 2019/20 in compliance with the California Public Employees’ Retirement System (CalPERS) requirements. 8.c Packet Pg. 257 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 12/19/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 19. Establish Appointed City Clerk Job Classification Approved Motion: Adopt the resolution; and Direct staff to begin the search for an appointed City Clerk, presenting a candidate review and selection process for consideration by the Mayor and City Council at the beginning of the calendar year (2020). Reso. 2019-354 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving and establishing the classification and job description of an appointed City Clerk (U). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. Camp Cajon Picnic Table Relocation Approved Motion: Adopt the resolution. Reso. 2019-331 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the relocation of one historic Camp Cajon picnic table located at Lytle Creek Park to the new Camp Cajon Memorial Monument Site. RESULT: ADOPTED [UNANIMOUS] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 21. KaBOOM Accessible Playground Build at Lionel E. Hudson Park Approved Motion: Adopt the resolution. Reso. 2019-332 Resolution of the Mayor and City Council of San Bernardino, California, authorizing the City Manager to execute a Letter of Intent and Contract Agreement between the City of San Bernardino and KaBOOM! to build an accessible playground at Lionel E. Hudson 8.c Packet Pg. 258 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 12/19/2019 Park and authorize the Director of Finance to amend the FY 2019/20 Adopted Budget by transferring an amount not to exceed $8,500 from Parks and Recreation Salaries to Miscellaneous Equipment. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 22. Authorize Issuance of a Purchase Order for Two Mobile Barrier Transport Vehicles Approved Motion: Adopt the resolution. Reso. 2019-333 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Fairview Ford Sales, Inc., for two mobile barrier transport vehicles in an amount not to exceed $70,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 23. Authorize Agreements and Purchase Orders for On-Call Demolition Services Approved Motion: Adopt the resolution. Reso. 2019-334 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Professional Services Agreements with Interior Demolition, Inc. and Environmental Klean-Up Services, Inc., and authorizing the Director of Finance to issue Purchase Orders in an amount not to exceed $100,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 259 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 14 Printed 12/19/2019 24. Award of Contract for Cannabis Monitoring and Financial Audit Services Speakers Majid Seraj Christopher Kim Approved Motion: Adopt the resolution. Reso. 2019-318 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and SCI Consulting Group (SCI) for Cannabis Monitoring and Financial Audit Services RESULT: ADOPTED [6-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard, Mulvihill NOES: Shorett 25. Recognized Obligation Payment Schedule 20-21 a & B Approved Motion: Approve Recognized Obligation Payment Schedule 20-21 A and B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 26. Purchase and Sale Agreement of Real Property Located on N. J St (0144-123- 03) Approved Motion: Adopt the resolution. Reso. 2019-335 Resolution of the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Gonzalo Salazar and Manuel Valadez with respect to a parcel of real property located on 0 N. “J” Street, San Bernardino, California (APN 0144- 123-03), and authorize the City Manager to execute 8.c Packet Pg. 260 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 15 Printed 12/19/2019 the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 27. Purchase and Sale Agreement of Real Property Located on N. J St (0144-131- 36) Approved Motion: Adopt the resolution. Reso. 2019-336 Resolution of the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Gonzalo Salazar and Manuel Valadez with respect to a parcel of real property located at 00 N. “J” Street, San Bernardino, California (APN 0144- 131-36), and authorize the City Manager to execute the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 28. Purchase and Sale Agreement of Real Property Located on W. 17Th Street (0144-123-46) Approved Motion: Adopt the resolution. Reso. 2019-337 Resolution of the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving a Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Jorge Luis Nunez with respect to a parcel of real property located on W. 17th Street, San Bernardino, California (APN 0144-123-46), and authorize the City Manager to execute the Agreement. 8.c Packet Pg. 261 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 16 Printed 12/19/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 29. Purchase and Sale Agreement of Real Property Located on 673 N. Crescent Avenue (0134-014-10) Approved Motion: Adopt the resolution. Reso. 2019-338 Resolution of the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and JSC Enterprises, LLC, a California limited liability company with respect to a parcel of real property located at 673 N. Crescent Avenue, San Bernardino, California (APN 0134-014-10), and authorize the City Manager to execute the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 30. Purchase and Sale Agreement of Real Property Located on 1256 Wall Avenue (0146-241-07) Approved Motion: Adopt the resolution. Reso. 2019-339 Resolution The Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Estela Mata, Trustee of Sunrise Trust with respect to a parcel of real property located at 1256 Wall Avenue, San Bernardino, California (APN 0146-241-07). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 262 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 17 Printed 12/19/2019 31. Purchase and Sale Agreement of Real Property Located on 686 E. Santa Fe Street (0280-062-07) Approved Motion: Adopt the resolution. Reso. 2019-340 Resolution The Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Neville Firm, Inc., a California corporation with respect to a parcel of real property located 686 E. Santa Fe Street, San Bernardino, California (APN 0280-062-07), and authorize the City Manager to execute the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 32. Second Reading of Ordinance for Annexation No. 1 to CFD 2019-1 for Tract 17329 Approved Motion: Accept for final reading; and Adopt the ordinance. MC-1523 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522, and levying special taxes to be collected during FY 2019/20 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, and a reserve fund for Capital Replacement and Administrative Expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 263 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 18 Printed 12/19/2019 33. Award of Construction Contract for Construction of Traffic Signal Power Feed Conduit Along Hospitality Lane and Waterman Avenue to California Professional Engineering, Inc. Approved Motion: Adopt the resolution. Reso. 2019-342 Resolution The Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract to California Professional Engineering, Inc. in the amount of $95,420 for the construction of traffic signal power feed conduit along Hospitality Lane; authorizing the City Manager to execute a construction contingency in the amount of $9,500; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 34. Approval of Proposed Professional Services Agreements, for On-Call Engineering Plan Check and Public Works Inspection Services for Various Capital Improvement Program (CIP) Construction and Modernization Projects with GK & Associates, IDC Consulting Engineers, Inc., Infrastructure Engineers. Approved Motion: Adopt the resolution. Reso. 2019-343 Resolution The Mayor and City Council of the City of San Bernardino, California, approving the award of one-year professional service agreements with GK & Associates, IDC Consulting Engineers, Inc., and Infrastructure Engineers to provide as-needed, on-call, engineering plan checks and Public Works inspection services for various Capital Improvement Program (CIP) construction and modernization Projects, in an amount not-to-exceed $100,000; and authorize the City Manager or designee to sign and execute the agreements. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 264 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 19 Printed 12/19/2019 35. Rejecting Construction Bids for Citywide Bus Stop Improvements Approved Motion: Adopt the resolution. Reso. 2019-344 Resolution The Mayor and City Council of the City of San Bernardino, California, rejecting bids for citywide bus stop improvements. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 36. Acquisition Purchase & Sale Agreement for 335 W. 40Th Street for Street Widening Project Approved Motion: Adopt the resolution. Reso. 2019-345 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Purchase and Sale Agreement with Jesus Rojas Gonzalez for the property located at 335 W. 40th Street [Assessor’s Parcel 0271-052-27] RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 37. Annexation No. 3 into CFD 2019-1 for Tract DP-D18-07 Approved Motion: Adopt the resolution. Reso. 2019-346 Resolution The Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 3) and authorizing the levy of special taxes therein. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 265 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 20 Printed 12/19/2019 38. First Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. for State Street Extension Phase 1 Between Baseline Street and 16Th Street. Approved Motion: Adopt the resolution. Reso. 2019-347 Resolution The Mayor and City Council of the City of San Bernardino, California, approving First Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) in the amount of $24,681 for environmental and civil engineering design services for the State Street Extension Phase 1 between Baseline Street and 16th Street (SS04-009); and authorize the City Manager or designee to sign and execute the amendment. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 39. Irrevocable Agreement to Annexation No. 2019-006 Approved Motion: Adopt the resolution. Reso. 2019-348 Resolution The Mayor and City Council of the City of San Bernardino, California, authorizing an application to the San Bernardino Local Agency Formation Commission to provide City sewer services to a property within an unincorporated territory located at 615 West 48th Street (APN 0265-191-25) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 40. Irrevocable Agreement to Annexation No. 2019-006 / RFI 3955 Porter Street Approved Motion: Adopt the resolution. Reso. 2019-349 Resolution The Mayor and City Council of the City of San Bernardino, California, authorizing an application to the Local Agency Formation Commission to provide City sewer services to a properties within unincorporated territories located at 8.c Packet Pg. 266 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 21 Printed 12/19/2019 1951, 1955, & 1957 Porter Street (APNs 0268-29132, 33 &34) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 41. Irrevocable Agreement to Annexation No. 2019-006 4Th Avenue Approved Motion: Adopt the resolution. Reso. 2019-350 Resolution The Mayor and City Council of the City of San Bernardino, California, authorizing an application to the Local Agency Formation Commission to provide City sewer services to a property within an unincorporated territory located at 4139 North 4th Avenue (APN 0265-151-53) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 42. Irrevocable Agreement to Annexation No. 2019-006 Cajon Blvd Approved Motion: Adopt the resolution. Reso. 2019-351 Resolution The Mayor and City Council of the City of San Bernardino, California, authorizing an application to the Local Agency Formation Commission to provide City sewer services to a property within an unincorporated territory located at 19416 Cajon Blvd (APNs 0262-041-09, 13, 18, & 20) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8.c Packet Pg. 267 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Regular Meeting Minutes December 4, 2019 Mayor and City Council of the City of San Bernardino Page 22 Printed 12/19/2019 43. Award of Construction Contract for Construction of Patton Basin Outlet Repair to Jeremy Harris Construction, Inc. Approved Motion: Adopt the resolution. Reso. 2019-353 Resolution The Mayor and City Council of the City of San Bernardino, California, approving the award of a construction contract with Jeremy Harris Construction, Inc. in the amount of $496,371 for the construction of the Patton Basin outlet repair; authorizing the City Manager to execute the construction contingency in the amount of $49,600; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ITEMS TO BE REFERRED TO COMMITTEE Council member Figueroa asked that the city consider a memorial for the December 2, 2015 shooting victims. REPORTS ON CONFERENCES/MEETINGS ATTENDED No reports were received. ADJOURNMENT The meeting adjourned in the memory of Ethel Wood, who died at 103 on November 21, 2019, at 11:45 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 Thursday January 2, 2020 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Georgeann “Gigi” Hanna, MMC 8.c Packet Pg. 268 Attachment: CED.Cannabis Clean Up Item.Amended Minutes 1242020.Attachment3 (6747 : Cannabis Consulting Services Agreement - Clean Up Page 1 Staff Report City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Resolution to Approve PSA with Edward C. Adams and Jeanne M. Adams with Respect to Real Property Recommendation Adopt Resolution No. 2020-109 of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement a nd Joint Escrow Instructions between the City of San Bernardino and Edward C. Adams and Jeanne M. Adams with respect to the real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138 -114-09 to -11 and 0138-114-18), and authorizing the City Manager to execute the Agreement. Background Pursuant to Health and Safety Code Section (“HSC §”) 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved and City Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (“Successor Agency”). On December 31, 2015, the State Department of Finance (“DOF”) approved the Successor Agency’s Long-Range Property Management Plan (“LRPMP”) and notified the Successor Agency that pursuant to HSC § 34191.3, the approved LRPMP shall govern, and supersede all other provisions of the HSC relating to the disposition and use of all the real property assets of the former redevelopment agency. The approved LRPMP, which addresses the disposition and use of the real property assets then held by the Successor Agency, includes 230 parcels of land grouped into forty-six (46) separate sites, nineteen (19) of which are designated as government use sites, seven (7) of which are designated as future development sites and twenty (20) of which are designated to be sold. Pursuant to DOF’s letter of May 17, 2016, on August 1, 2016 , the Successor Agency adopted Resolution Nos. 2016-164, authorizing the transfer of the Future Development Sites from the Successor Agency to the City and on August 1, 2016, the City adopted Resolution 2016-165, accepting the Future Development Sites from the Successor Agency, including the Successor Agency’s obligations to comply with the applicable provisions of the HSC, including entering into HSC § 34180 (f) (l) compensation agreements with the Taxing Entities, as defined by HSC § 34171(k). On August 16, 9 Packet Pg. 269 6748 Page 2 2016, the Successor Agency transfe rred the Future Development Sites to the City via quitclaim. On March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which authorizes a competitive process that would result in listing 18 real property sites for sale with a real estate broker (two of which are owned by the City and designated for future development). On August 16, 2017, the Successor Agency Board approved an “Amended Property Disposition Strategy,” which: (i) reduces the number of real property sites to be listed with a real estate broker from 18 to 16 (one of which is City-owned); (ii) provides for an alternate method of real property disposition for the two real property sites removed from the group to be listed with a real estate broker; (iii) where applicable, provides a current status update on completed and pending real property transfers; and (iv) establishes an Escrow and Title Administrative Management Fee to allow the City to recover a portion of the cost of its services with respect to the management of the sale of real property assets. Consistent with the Amended Property Disposition Strategy, on October 18, 2017, the Successor Agency approved an agreement with Keller Williams Realty - Redlands (“KW Agreement”) to list and sell the City’s remaining site as identified in the Amended Property Disposition Strategy as LRPMP Site No. 24. The City is the owner of record as to that certain real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18) (“Property”). Within the LRPMP, the Property is: (i) identified as Site No. 24; (ii) described as four (4) vacant parcels of land approximately 0.56-acre in size; (iii) zoned Commercial General in the 1992 -Paseo Las Placitas Specific Plan; (iv) designated for future development; and (v) more fully described in Exhibit "A" attached to the Resolution, which is an excerpt from the LRPMP. As a part of the KW Agreement, Keller Williams is required to prepare o f a Broker’s Opinion of Value (“BOV”) for the property that is listed to be sold. Based on past practice, DOF has acknowledged that BOVs are an acceptable method and basis for confirming that the value of the real property being sold is fair and reasonable. Discussion In response to the listing, Keller Williams received, thoroughly reviewed, and vetted one (1) offer to purchase the Property. On March 3, 2020, Mr. Edward C. Adams offered to purchase the Property for $103,500 (“Purchase Price”) (a copy of the offer is attached to the Resolution as Exhibit “B”). Keller Williams has confirmed that Mr. Adams is a credible buyer capable of purchasing the Property and has recommended that the City consider Mr. Adams’ purchase offer. On March 13, 2020, Keller Williams submitted its BOV, indicating its opinion that the market value of the Property is $103,500 (“BOV Market Value”). In consideration that the Purchase Price equals the BOV Market Value, it may be concluded that the purchase price offered by Mr. Ada ms for the Property is fair and reasonable, as more fully described within the BOV, a copy of which is attached to the Resolution as Exhibit “C.” 9 Packet Pg. 270 6748 Page 3 The Purchase and Sale Agreement and Joint Escrow Instructions (“Purchase and Sale Agreement”) between the City and Edward C. Adams and Jeanne M. Adams with respect to the Property, a copy of which is attached to the Resolution as Exhibit “D,” is attached to this Staff Report as Attachment “2.” Consistent with the provisions of the HSC and the LRPMP with respect to real property designated for future development, staff will prepare and circulate a Notice of Compensation confirming that the net land sale proceeds (i.e., the Purchase Price less the costs of sale attributable to the City that are described within th e Purchase and Sale Agreement) shall be distributed to the affected taxing entities by the San Bernardino County Auditor-Controller in proportion to their respective shares of the general tax levy, a copy of which is attached to this Staff Report as Attachment “3.” The Purchase and Sale Agreement 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. 2020-2025 Key Strategic Targets and Goals Approval of the Purchase and Sale Agreement Property aligns with Key Target No. 1: Financial Stability. The sale of this 0.56-acre commercial property will lead to the future development of a commercial establishment that will generate new sales ta x revenue to the City. Fiscal Impact No General Fund revenue was used in the processing of this action since the property was a former Redevelopment Agency property asset and the costs were covered by the Recognized Obligation Payment Schedule. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2020 -109 approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Edward C. Adams and Jeanne M. Adams with respect to the real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18), and approving certain related actions. Attachments Attachment 1 Resolution 2020-109 Attachment 2 Excerpt from LRPMP Attachment 3 March 3, 2020 Offer from Edward C. Adams Attachment 4 March 13, 2020 Keller Williams’ BOV Attachment 5 Purchase and Sale Agreement Attachment 6 Original Purchase and Sale Agreement Attachment 7 Notice of Compensation 9 Packet Pg. 271 6748 Page 4 Ward: 1 Synopsis of Previous Council Actions: May 6, 2020 Mayor and the City Council considered an offer to purchase the property in closed session and directed staff to proceed with negotiations and sale. 9 Packet Pg. 272 RESOLUTION NO. 2020-109 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF SAN BERNARDINO AND EDWARD C. ADAMS AND JEANNE M. ADAMS WITH RESPECT TO THE REAL PROPERTY LOCATED AT 552 AND 578 N. MT VERNON AVENUE AND 1316 W. SPRUCE STREET, SAN BERNARDINO, CALIFORNIA (APNS 0138-114-09 TO -11, 0138-114-18), AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code (“HSC”) section 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and City Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (“Successor Agency”); and WHEREAS, the Oversight Board for the Successor Agency (the “Oversight Board”) has been established pursuant to HSC section 34179 to assist in the wind-down of the dissolved redevelopment agency; and WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight Board-approved Long-Range Property Management Plan (“LRPMP”) to the California Department of Finance (“DOF”); and WHEREAS, on December 31, 2015, the DOF approved the Successor Agency’s LRPMP and notified the Successor Agency that pursuant to HSC section 34191.3, the approved LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all the real property assets of the former redevelopment agency; and WHEREAS, the approved LRPMP, which addresses the disposition and use of the real property assets held by the Successor Agency, includes 230 parcels of land grouped into forty- six (46) separate sites, nineteen (19) of which are designated as government use sites, seven (7) of which are designated as future development sites (“Future Development Sites”) and twenty (20) of which are designated to be sold; and WHEREAS, per DOF’s letter of May 17, 2016, on August 1, 2016, the Successor Agency adopted Resolution Nos. 2016-164, authorizing the transfer of the Future Development Sites from the Successor Agency to the City; and WHEREAS, on August 1, 2016, the City adopted Resolution 2016-165, accepting the Future Development Sites from the Successor Agency, including the Successor Agency’s obligations to comply with the applicable provisions of the HSC, including entering into HSC 9.a Packet Pg. 273 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Resolution (6748 : Resolution to Approve PSA with Edward C. Adams and Resolution No. 2020-109 2 section 34180 (f) (l) compensation agreements with the Taxing Entities, as defined by HSC Section 34171(k); and WHEREAS, on August 16, 2016, the Successor Agency transferred the Future Development Sites to the City via quitclaim; and WHEREAS, on March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which among other things, authorizes a competitive process that would result in listing for sale of 18 real property sites with a real estate broker (two of which are owned by the City and designated for future development); and WHEREAS, on August 16, 2017, the Successor Agency Board approved an “Amended Property Disposition Strategy,” which: (i) reduces the number of real property sites to be listed with a real estate broker from 18 to 16 (one of which is City-owned); (ii) provides for an alternate method of real property disposition for the two real property sites removed from the group to be listed with a real estate broker; (iii) where applicable, provides a current status update on completed and pending real property transfers; and (iv) establishes an Escrow and Title Administrative Management Fee to allow the City to recover a portion of the cost of its services with respect to the management of the sale of real property assets; and WHEREAS, consistent with the Amended Property Disposition Strategy, on October 18, 2017, the Successor Agency approved an agreement with Keller Williams Realty – Redlands (“KW Agreement”) to list and sell the City’s remaining site as identified in the Amended Property Disposition Strategy as LRPMP Site No. 24; and WHEREAS, the City is the owner of record as to that certain real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18) (“Property”); and WHEREAS, within the LRPMP, the Property is: (i) identified as Site No. 24; (ii) described as four (4) vacant parcels of land approximately 0.56-acre in size; (iii) zoned Commercial General in the 1992-Paseo Las Placitas Specific Plan; (iv) designated for future development; and (v) more fully described in Exhibit "A" attached hereto, which is an excerpt from the LRPMP; and WHEREAS, as a part of the KW Agreement, Keller Williams is required to prepare of a Broker’s Opinion of Value (“BOV”) for the property that is listed to be sold; and WHEREAS, based on past practice, DOF has acknowledged that BOVs are an acceptable method and basis for confirming that the value of the real property being sold is fair and reasonable; and WHEREAS, in response to the listing, Keller Williams received, thoroughly reviewed and vetted one (1) offer to purchase the Property; and WHEREAS, on March 3, 2020, Mr. Edward C. Adams offered to purchase the Property for $103,500 (“Purchase Price”) (a copy of the offer is attached to this Resolution as Exhibit “B”); and 9.a Packet Pg. 274 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Resolution (6748 : Resolution to Approve PSA with Edward C. Adams and Resolution No. 2020-109 3 WHEREAS, Keller Williams has confirmed that Mr. Adams is a credible buyer capable of purchasing the Property and has recommended that the City consider Mr. Adams’ purchase offer; and WHEREAS, on March 13, 2020, Keller Williams submitted its BOV, indicating its opinion that the market value of the Property is $103,500 (“BOV Market Value”); and WHEREAS, in consideration that the Purchase Price equals the BOV Market Value, it may be concluded that the purchase price offered by Mr. Adams for the Property is fair and reasonable, as more fully described within the BOV, a copy of which is attached to this Resolution as Exhibit “C”; and WHEREAS, this Resolution will approve the Purchase and Sale Agreement and Joint Escrow Instructions (“Purchase and Sale Agreement”) between the City and Edward C. Adams and Jeanne M. Adams with respect to the Property, a copy of which is attached to this Resolution as Exhibit “D,” and authorize certain related actions; and WHEREAS, consistent with the provisions of the HSC and the LRPMP with respect to real property designated for future development, staff will prepare and circulate a notice of compensation confirming that the net land sale proceeds (i.e., the Purchase Price less the costs of sale attributable to the City that are described within the Purchase and Sale Agreement) shall be distributed to the affected taxing entities by the San Bernardino County Auditor-Controller in proportion to their respective shares of the general tax levy; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. 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 Purchase Price for the Property is determined to be fair and reasonable. SECTION 3. The City Manager is hereby authorized to execute the Purchase and Sale Agreement between the City and Edward C. Adams and Jeanne M. Adams, for the purchase and sale of the Property in substantially the form attached hereto as Exhibit “D.” SECTION 4. The City Manager, or designee, is authorized to take such other actions and to prepare or execute any other documents necessary to effectuate the sale and the intent of this Resolution, including the grant deed and a notice of compensation. SECTION 5. The City Council determines this Resolution is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) section 15060 (c) (3). Pursuant to State CEQA Guidelines section 15060 (c) (3), approval of this Resolution does not constitute a 9.a Packet Pg. 275 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Resolution (6748 : Resolution to Approve PSA with Edward C. Adams and Resolution No. 2020-109 4 project under CEQA as it has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment. 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 3rd day of June 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney 9.a Packet Pg. 276 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Resolution (6748 : Resolution to Approve PSA with Edward C. Adams and Resolution No. 2020-109 5 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 3rd day of June 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 3rd day of June 2020. Genoveva Rocha, CMC, Acting City Clerk 9.a Packet Pg. 277 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Resolution (6748 : Resolution to Approve PSA with Edward C. Adams and Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 24: Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property 117 IV. Property to be Transferred for Future Development Site 24 – Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property Address: APNs: 552 N. Mt. Vernon Avenue 0138-114-09 0138-114-10 1316 W. Spruce Street 0138-114-11 578 N. Mt. Vernon Avenue 0138-114-18 W. 6th Street N. Herrington Avenue W. Spruce Street N. Mt. Vernon Avenue 9.b Packet Pg. 278 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Excerpt from LRPMP.Attachment 2 (6748 : Resolution to Approve PSA Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 24: Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property 118 IV. Property to be Transferred for Future Development Site 24 – Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property A. Permissible Use (HSC § 34191.5 (c) (2)): Site No. 24 is the Vacant N. Mt. Vernon Avenue & W. Spruce Street Commercial Property (the “Vacant Commercial Property”) and is proposed to be transferred to the City of San Bernardino for future development pursuant to HSC § 34191.5 (c) (2). B. Acquisition of Property (HSC § 34191.5 (c) (1) (A) and § 34191.5 (c) (1) (B)): Property records indicate that the Vacant Commercial Property was acquired by the Agency in several separate transactions and carries a partial Book Value of $214,722. Agency staff continues to research the Acquisition Price for APN 0138-114-11. The following table details the property records: Acquisition Details of the Vacant Commercial Property APN Acquisition Date Book Value 0138-114-09 August 2004 $60,822 0138-114-10 June 2005 $47,000 0138-114-11 October 2005 $0.00 0138-114-18 March 1993 $106,900 The Vacant Commercial Property was acquired by the Agency in order to meet the revitalization goals of the City and the Agency to alleviate the existence and spread of physical and economic blight by assembling land and preparing property for future development. The estimated current value (the “ECV”) of the Vacant Commercial Property is approximately $193,000. C. Site Information (HSC § 34191.5 (c) (1) (C)): The Vacant Commercial Property consists of four (4) parcels (APNs 0138-114-09, -10, -11, -18) totaling 0.56 acres located at 552 and 578 N. Mt. Vernon and 1316 W. Spruce Street. The Vacant Commercial Property is zoned Commercial General (CG-3) in the 1992-Paseo Las Placitas Specific Plan (the “1992-SP”). The purpose of the CG-3 zone is to allow for local and regional serving retail, personal service, entertainment, office, and related commercial uses. D. Estimated Current Value (HSC § 34191.5 (c) (1) (D)): To determine an ECV for the Vacant Commercial Property, in January 2015, the Agency conducted a comparable sales analysis through the National Data Collective. The ECV was determined to be approximately $193,000 . Local factors were not taken into consideration in determining the ECV of this site. Therefore, the actual value of the property may vary significantly from the ECV. The ECV is only a rough estimate planning number and should not be relied upon as a basis for actual value. The real value of the property cannot be determined without an appraisal. E. Site Revenues (HSC § 34191.5 (c) (1) (E)): There are no site revenues generated from the Vacant Commercial Property. 9.b Packet Pg. 279 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Excerpt from LRPMP.Attachment 2 (6748 : Resolution to Approve PSA Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 24: Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property 119 IV. Property to be Transferred for Future Development Site 24 – Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property F. History of Environmental Contamination (HSC § 34191.5 (c) (1) (F)): There is no known history of environmental contamination.32 G. Potential for Transit Oriented Development (TOD) and the Advancement of Planning Objectives of the Successor Agency (HSC § 34191.5 (c) (1) (G)): There is no potential for a TOD in conjunction with Vacant Commercial Property. Mount Vernon Avenue is a major north-south roadway located in the western portion of the City. Mount Vernon Avenue connects to the 30 and 215 freeways on the northern end, and Interstate 10 to the south. Historic Route 66 runs north along a portion of Mount Vernon Avenue from Foothill Boulevard/5th Street north to Cajon Boulevard, where it continues north through the Cajon Pass. The transfer of the Commercial Property for future development to the City of San Bernardino advances the planning objectives of the Successor Agency in accordance with the City’s General Plan, Paseo Las Placitas Specific Plan and EIR, and the Agency’s Five-Year Implementation Plan 2009/2010 through 2013/2014: 1. Mt. Vernon/Spruce Street Retail Center: Enter into an agreement with a developer for the sale of four (4) Agency parcels for the development of new retail space; 2. Enter into a study agreement with a developer to study the feasibility of various types of development that would be of benefit to the surrounding neighborhood; 3. Maintain and enhance commercial uses along main thoroughfares such as Mt. Vernon Avenue; 4. Protect large parcels that front onto freeways and commercial corridors from subdivision into smaller parcels; 5. Establish and maintain an ongoing liaison with Caltrans; 6. Capture appropriate demand that meets the community’s needs and takes full advantage of emerging development and economic opportunities; 7. Provide opportunities for private investment in the City; 8. Provide opportunities for retail and other non-residential commercial and office uses; 9. Encourage pedestrian friendly uses; 10. Achieve greater private sector profit, public benefit, and sustainability; 11. Focus on creating distinct, discernible “places” of varied sizes, functions, and complexity; 32 http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=578+N.+Mt.+Vernon+Ave%2C+san+bernardino 9.b Packet Pg. 280 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Excerpt from LRPMP.Attachment 2 (6748 : Resolution to Approve PSA Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 24: Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property 120 IV. Property to be Transferred for Future Development Site 24 – Vacant N. Mt. Vernon Avenue & Vacant W. Spruce Street Commercial Property 12. Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development; 13. Promote development that integrates with and minimizes impacts on surrounding land uses; 14. Maximize opportunities that generate taxable sales in targeted growth areas; and 15. Develop combined urban street retail that will leverage and complement the existing retail uses. H. History of Previous Development Proposals and Activity (HSC § 34191.5 (c) (1) (H)): There is no history of previous development proposals or activities in conjunction with the Vacant Commercial Property. I. Disposition of Property: The City’s policies and procedures for property disposition, located in Exhibit “A” Section II, will guide the disposition of the Property. The ECV of the Vacant Commercial Property is approximately $193,000. The following process was used in determining the ECV of the Vacant Commercial Property: Date of estimated current value – January 2015 Value Basis – The ECV was determined by a comparable sales analysis using the National Data Collective subscription service. The ECV is approximately $193,000. Local factors that may affect land value were not taken into consideration. Therefore, the actual value of the property may vary greatly from the ECV. The ECV is only a planning number and should not be relied upon as a basis for actual value. J. Implementation of the Long-Range Property Management Plan: The Vacant Commercial Property will be transferred to the City of San Bernardino for future development subsequent to securing an HSC § 34180 (f) (1) compensation agreement (the “Compensation Agreement”) with the affected taxing entities, or as may otherwise may be provided by the HSC. 9.b Packet Pg. 281 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.Excerpt from LRPMP.Attachment 2 (6748 : Resolution to Approve PSA 9.c Packet Pg. 282 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 283 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 284 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 285 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 286 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 287 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 288 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 289 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 290 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 291 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 292 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 293 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 294 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 295 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 296 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 297 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. 9.c Packet Pg. 298 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.March 3rd Offer.Attchment 3 (6748 : Resolution to Approve PSA with Edward C. � �1 '+')IC O MM ER CI AL PREPARED FOR: Ms. Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 N. "D" Street - 3rd Floor San Bernardino, CA 92401 FOR THE PROPERTY LOCATED AT: 552 and 578 N Mt. Vernon Ave and 1316 W Spruce St San Bernardino, CA 92411 APN: 0138-114-09, -10, -11, -18 July 25, 2019 T.C. Obichang I KW CommericaJ I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 299 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � t1·,·JlcoMMERCIAL March 13, 2020 Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 N. "D" Street - 3rd Floor San Bernardino, CA 92401 RE: ANALYSIS OF COMPETITIVE OFFERS FOR SITE NO. 24 - 552 and 578 N Mt. Vernon Ave, 1316 W Spruce. -APN 0138-114-09, -10, -11, -18 ( 0. 5 6 acres) Dear Ms. Connor, We are pleased to provide to the Successor Agency our situation summary of the proposed sale transactions for Site No. 24, as follows: Site No. 24 was marketed locally, regionally and nationally resulting in Keller Williams receiving several phone calls and emails requesting marketing information on the subject site. This effort produced one ( 1) proposal to purchase as follows: March 13, 2020 - Ed Adams ("EA") proposed to purchase Site No.24 for $103,500 which was the 'highest and best' offer. The terms are as follows: (i) within per seller's requirements of the opening of escrow, EA shall deposit $2,000; (ii) 17-day due diligence periods; and (iii) the property shall be developed within the guidelines of the City General Plan and/or other City regulations that may address development parameters. Recommendations: The offer from Ed Adams is the highest monetary offer and therefore it is recommended that the Successor Agency accepts this offer. T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 300 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �,·.•JJcoMMERCIAL Sincerely, ltuil l\-i�ur1 Heath Hilgenberg I DRE #01904376 ph. 909.793.2100 I heath.hilgenberg@gmail.com T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-.2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 3/18/2020 I 1:18:50 9.d Packet Pg. 301 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �1'+'4lcoMMERCIAL Sincerely, Heath Hilgenberg I DRE #01904376 ph. 909.793.2100 I heath.hilgenberg@gmail.com T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 302 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ti f i 'JI CO MME RC IAL TABLE OF CONTENTS: Broker's Opinion of Value • Property Profile • Location Aerial • Assessor's Parcel Maps • Location Map Comparable Sales • Comparable #1 • Property Profile • Assessor's Parcel Map • Aerial • Comparable #2 • Property Profile • Assessor's Parcel Map • Aerial • Comparable #3 • Property Profile • Assessor's Parcel Map • Aerial T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFRCE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 303 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,,,,,,lcoMMERCIAL July 25, 2019 Ms. Lisa Connor Project Manager Successor Agency to the Redevelopment Agency of the City of San Bernardino 290 N "D" Street - 3rd Floor San Bernardino, California 92401 RE: Broker Opinion of Value for Site APN: 0138-114-09, -10, -11, -18 Dear Ms. Connor: We have prepared the following report regarding our opinion of value for the above referenced properties. We utilized a comparable sales approach to determine our opinion of value for this properties. Subject Property The subject property is zoned Commercial, which allows for multiple parcels of land totaling approximately acres 0.56(24,400 SQFT). Comparable Sales As further described within this report, there have been three (3) property sales which can be used as sale comparable for this Site. The Sale Comparables are summarized below: T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 304 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �i·+'JlcoMMERCIAL Comparable Sales Analysis Summary for LRPMP Site No. 24 Property Site LRPMP #24 Address 552 and 578 N Mt. Vernon Av and 1316 W Spruce St APN 0138-114-09, -10, -11, -18 SF 24,400 Sales Comparables Summary Sale Comp 1 Sale Comp 2 Sale Comp 3 Address 1505 W 5th St 1467 W 5th St 1040 N Mt Vernon APN 0138-173-05 0138-173-10 0139-103-12 SF 8,400 7,000 5,229 Date Sold 4/25/2019 8/31/2018 2/28/2019 Price $42;000 $45;000 $29;000 $/SF $5.00 $6.43 $5.55 Average Price/SF $5.66 Property Adjustments Location -10% -10% - Size -12.5% -15% -17.5% Exposure -5% -5% - Subtotal Property -27.5% -30% -17.5% Adjustments Total Adjustment $3.63 $4.50 $4.58 Price/SF Adjusted Average Price/SF $4.24 T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 305 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,,, • ,,1 COMMERCIAL Analysis of Comparable Sales The Property Site is a rectangular shape corner property located at the northeast corner of W. Vine Street and N. Mt. Vernon Avenue. The Property Site fronts along the four-lane north-south Mt. Vernon commercial corridor and is a good location for neighborhood-oriented commercial development. The three sales comparables selected are physically closest to the Property Site. However, because there are differences between the Property Site and the comparables, it is necessary to closely examine each one and to make adjustments to value, as appropriate, to arrive at a Broker Opinion of Value. Based on the foregoing, the unadjusted average price per square foot of the three vacant Sales Comparables is $5 .66/SF. To determine an adjusted price per square foot, comparisons were made with respect to location, property size and exposure (greater visibility) to the marketplace. The adjustments for these factors are as follows: 1. Location - Downward adjustments were made to Sale Comparables 1 and 2 for their superior location lying along the 5th Street, which is an east-west four-lane thoroughfare with greater traffic counts and easy access to the I-215 freeway. 2. Size - Downward adjustments were made to Sale Comparables 1, 2 and 3 as smaller sites typically result in a higher $/SF. 3. Exposure - Downward adjustment was made to Sale Comparable 1 and 2 due to their greater level of marketplace exposure due to their 5th Street location that is an east-west four-lane thoroughfare with greater traffic counts than Mt. Vernon Avenue and easy access to the I-215 freeway. After applying each adjustment to each Sale Comparable, the adjusted average price per square foot is $4.24. Accordingly, the result of applying the adjusted average price per square foot to the size of the Property Site (i.e., 24,400 SF), is $103,456; rounded to $103,500. T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 306 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � t,•.•J!coMMERCIAL' Broker Opinion of Value Based on the above analysis, it is our opinion that the subject property is worth $103,500 in the current marketplace. We appreciate the opportunity to prepare this report. Please do not hesitate to call with questions. 3/18/2020 I 1:18:50 PM CDT Heath Hilgenberg DRE #01904376 909 .793 .21006 heath .hil gen berg@grnail.com T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 307 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,,,,,JlcoMMERCIAL Broker Opinion of Value Based on the above analysis, it is our opinion that the subject property is worth $103 ,500 in the current marketplace. We appreciate the opportunity to prepare this report. Please do not hesitate to call with questions. Sincerely, Heath Hilgenberg DRE #01904376 909.793.21006 heath.hilgenberg@gmail.com T.C. Obichang I KW Cornrnerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFRCE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 308 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �1'+'AlcoMMERCIAL Subject Property: • Property Profile • Assessor's Parcel Map • Aerial T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 309 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,i ,+f JI CO MME RC JAL 552 N Mount Vernon Ave, San Bernardino, CA 92411, San Bernardino County .. ' 't· r ,1, . ·:,.- .. ·. \' LJL.:J 1·---1 r--- ' - t _ _JI: ' .I �-J. I .. ,i, Owner Information N/A Beds N/A Baths N/ A 6,330 $103,500 Bldg Sq Ft Lot Sq Ft MLS List Price N/ A VCNT LND-NE N/ A Yr Built Type Sale Date Active Listing Owner Name: Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location Information Zip Code: Carrier Route: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Characteristics County Land Use: Universal Land Use: Lot Acres: Lot Area: Estimated Value Value As Of: Listing Information MLS Listing Number: MLS Status: MLS Area: MLS Status Change Date: City Of San Bernaridno City Of San Bernaridno 300 N D St #6th San Bernardino, CA 92411 C041 San Be�nardino San Bernardino Vly J 0138-114-10-0000 7167 Vacant Land Vacant Land (NEC) 0.145 6,330 03/04/2020 EV17250684 Active 274 - SAN BERNARDINO 11/03/2017 Tax Billing Zip: Tax Billing Zip+4: Owner Occupied: Census Tract: Topography: Neighborhood Code: Lot: Block: Gross Area: Water: Sewer: MLS Current List Price: MLS Original List Price: MLS Listing Agent: MLS Listing Broker: 92418 0001 No 43.02 Flat/Level 091.-09·1 1 2 San Bernardino Vly J MLS: 26,136 Public Public Service $103,500 $239,000 Evcraiden-Dennis Craig KELLER WILLIAMS REALTY 12 Water Tax Dist: TOMPKINS SUB E 100 FT LOT 1 BLK 2 Last Market Sale & Sales History Recording Date: Document Number: Recordln9. l)ate Sale Date s.iie i>�ice · No.min al 08/16/2016 O°il/11/2016 y 12/13/1990 490423 12/03/2014 '11i24/20i4 . . y Deed Type: Owner Name: 03/18/2011 0'3117 i2011 y 03/18/2011 03/l 7i2011 y Quit Claim Deed City Of San Bernaridno 12/13/1990 Buyer Name Seller Name City Of San Bernardino Successor Agcy Of Redev Agcy/City Redevelopment Agcy Of San Bernardino San Bernardino San Bernard Economic Dev Co Economic Dev Co San Bernardino Redevelopment Agcy Of Redevelopment Agcy Of Economic Dev Co San Bernard San Bernard Kim Hak Y Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, Calirornia Regional MLS .• � .lcl: l1 I.. ,lllrl, lilt ,11 II ,ct' I , r· 1 ,,, 1·111 the j!pu, •r t � t; I jlull 1 Tl • l.:"'U I",• I f11�!j clllt') Property Detail Generated on OJ/ 12/ 2020 Peqe l of 2 T.C. Obichang I KW Commerical I DRE O 1870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED lNDEPENDENTLY 9.d Packet Pg. 310 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �' ,+f JI CO MME RC IAL Document Number 331262 463122 112894 Document Type Quit Claim Deed Quit Claim Deed Quit Claim Deed Recording Date 06/22/1988 06/22/1988 09/11/1980 Sale Date 05/1988 05/1988 Sale Price sss.ooo $71,000 Nominal y Buyer Name Chang Mo Yang Holcomb Linda Russo Yang Chang Mo Seller Name Holcomb Linda Russo Holcomb Harold Document Number 199510 199509 Document Type Grant Deed Quit Claim Deed Deed (Reg) Mortgage History 111991 Quit Claim Deed 490423 Quit Claim Deed Mortgage Date Mortgage Amount Mortgage Code Property Map 06/22/1988 $70,000 ___ Priva_te_ P_a_rty Lender s < m 3 0 :::i )> < m -100·- I I La Plaza Park ., 63' 63' I I -100·-- Spruce St W 3 0 O Our Lad· of => T CJi.idiJlUjJi..: Chur: .. .h � 1l> W 5th St ..... I � I 25 yards 1 , I f.lapooto•s,2c201 � 200 yards I f,t3p data t�o201 Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS Property Detail .3t--f!eratr-<1 on 11 J 1 J JO)!. Page 2 1•r 2 T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 311 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,,,+'JlcoMMERCIAL N Mount Vernon Ave, San Bernardino, CA 92411, San Bernardino County Owner !Information N/A Beds N/A Baths N/ A 7,500 $25,200 Bldg Sq Ft Lot Sq Ft Sale Price N/A VCNT LND-NE N/A Yr Built Type Sale Date Owner Name·. Mail Owner Name: Tax Billing Address: Location Information Zip Code: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Characteristics County Land Use: Universal Land Use: Lot Acres: Estimated Value Value As Of: City Of San Bernaridno City Of San Bernaridno 300 N D St #6th 92411 San Bernardino San Bernardino Vly J 0138-114-09-0000 7167 12 TOMPKINS SUB LOT 2 BLK 2 Vacant Land Vacant Land (NEC) 0.172 03/04/2020 Tax Billing City & State·. Tax Billing Zip: Tax Billing Zip+4: Census Tract: Topography: Neighborhood Code: Lot: Block: Water Tax Dist: Lot Area: Water: Sewer: San Bernardino, CA 92418 0001 42.02 Flat/Level 091-091 2 2 San Bernardino Vly J 7,500 Public Public Service Last Market Sale & Sales History Recording Date: Sale Price: Document Number: Recording Date Sale Date Sale Price Nominal 08/16/2016 08/11/2016 y 03/04/1980 $25,200 5099 12/03/2014 11/24/2014 y Sale Type: Deed Type: Owner Name: 03/18/2011 03/17/2011 y 03/18/2011 03/17/2011 y Unknown Deed (Reg) City Of San Bernaridno 09/03/2004 06/25/2004 y Buyer Name Seller Name Document Number Document Type Recording Date Sale Date Sale Price Nominal Buyer Name City Of San Bernardino Successor Agcy Of Redev Agcy/City 331262 Quit Claim Deed 07/18/2002 . 07/18/20()2. $12,DDD Pham Kathy T Quit Claim Deed 03/04/1980 $25,200 . Torres Francisca G Quit Claim Deed Quit Claim Deed . Grant Deed Redevelopment Agcy Of San Bernardino San Bernardino Redevelopment Agcy Of San Bernard Economic Dev Co Economic Dev Co Cty/San Ber San Bernardino Redevelopment Agcy Of Redevelopment Agcy Of Pham Th & K th Economic Dev Co San Bernard San Bernard ang a Y 463122 112894 112189 644646 Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REAL TY, California Regional MLS Property Detail Generated on 03112/2020 Page 1 of 2 T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 312 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,,,,,JlcoMMERCIAL Seller Name Document Number Docur:n.en� TXpe Tax Collector Of San Bernardino C 371810 Tax Oeed 5099 Oeed (Reg) Property Map 200 yards I I Map cata ,f,2020: La Plaza Park .. , z (!) 3 0 O Our Lady oi :, Y Guadalupe Church � It) W 5th St I I \ \,. I:, �'·r·•,•, I I I I I z � < Cl) 3 0 :::) )> < Cl) ----iso· ---- 50' 50' I I ----150·---- Spruce St W I � Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REAL TY, California Regional MLS Property Detail T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACHO ICE IS OWNED AND OP RATED lNDEP NDENTLY 9.d Packet Pg. 313 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �,,,,,lcOMMERCIAL 578 N Mount Vernon Ave, San Bernardino, CA 92411, San Bernardino County Owner Information N/A Beds N/A Baths N/A 7,500 N/A Bldg Sq Ft Lot Sq Ft Sale Price N/ A VCNT LND-NE N/ A Yr Built Type Sale Date Owner Name·. Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location Information Zip Code: Carrier Route: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Characteristics County Land Use: Universal Land Use: Lot Frontage: Lot Depth: Estimated Value Value As Of: City Of San Rernaridno City Of San Bernaridno 300 N D St #6th San Bernardino, CA 92411 C041 San Bernardino San Bernardino Vly J 0138-114-18-0000 7167 Vacant Land Vacant Land (NEC) 50 150 03/04/2020 Ta)( Billing Zip: Tax Billing Zip+4: Owner Occupied: Census Tract: Topography: Neighborhood Code: Lot: Block: Lot Acres: Lot Area: Water: Sewer: 92418 0001 No 43.02 Flat/Level 091-091 3 2 San Bernardino Vly J 0.172 7,500 Public Public Service 12 Water Tax Dist: TOMPKINS SUB LOT 3 AND SLY 4 INCHES LOT 4 BLK 2 Last Market Sale & Sales History Recording Date: Document Number: Deed Type: Recording Date ·Sale Date. .. Sale Price Nominal 08/16/2016 OB/il/2016 y 03/29/1993 136062 Grant Deed 12/03/2014 11/24/2014 y Owner Name: Seller: 03/18/2011 03/17/20ii' y 03/29/1993 City Of San Bernaridno Lopez Pedro & Manuela 08/20/1992 07/1992 $90,000 Buyer Name Seller Name Document Number Document Type Recording Date Sale Oate Sale Price City Df San Bernardino Successor Agcy Of Redev Agcy/Clty 331262 Quit Claim Deed 03/23/1990 11/i989 Quit Claim Deed 06/26/1989 05/1989 $80,000 Quit Claim Deed Grant Deed Grant Deed Redevelopment Agcy Of San Bernardino Redevelopment Agency San Bernard Economic Dev Co Of The City Of San Lopez Pedro & Manuela San Bernardino Redevelopment Agcy Of Lopez Pedro & Manuela Andrade Ismael L Economic Dev Co San Bernard 463122 112190 136062 347216 Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS <, 1, ·: l. Property Detail Gener ated en 03/1212020 Page 1 of 2 TC. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 314 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,, ,, ,,1 CO MM ER C IAL Nominal Buyer Name Seller Name . Document Number Document Type . . . Andrade Ismael & Adella Rangel Lucy F 109250 Deed (Reg) Andrade Ismael & Adelia Rangel Lucy F . 229191 . Grant Deed Mortgage History Mortgage Date Mortgage Amount M·o�tg.age i.e.nder Mortgage Code Property Map 08/20/1992 $55,000 . Lender Seller Conventional 06/26/1989 $30,000 Private Party Lender z s: - < 150' (1) ...., :, 0 51' 51' ::i I I l> < 150' (1) I I h· 1� I ·,•, � l < I � .: - I s ::, I l> < n, I La Plaza Park I z < (t) 3 Q O Our Ladv of ::, Y Guudu!Jpe Chorch � (t) WSth St I� -t.ot Dtmenstcns are Esnrneted 25 yards I I I I I� ,', • r I I 200 yards I I fh1p data 's20��, Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS T.C. Obichang I KW Cornmerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY Property Detail r-euernt-o ou nJ 1 /OlO Page: 2 cf 2 9.d Packet Pg. 315 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � t,','JlcoMMERCIAL 1316 Spruce St, San Bernardino, CA 92411, San Bernardino County Owner Informatton N/A Beds N/A Baths N/A 3,150 N/A Bldg Sq Ft Lot Sq Ft Sale Price N/ A VCNT LND-NE N/ A Yr Built Type Sale Date Owner Name·. Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location Information Zip Code: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Characteristics County Land Use: Universal Land Use: Lot Frontage: Lot Depth: City Of San Bernaridno City Of San Bernaridno 300 N D St #6th San Bernardino, CA 92411 San Bernardino San Bernardino Vly J 0138-114-11-0000 7167 Vacant Land Vacant Land (NEC) so 63 Tax BiH\ng Zip: Tax Billing Zip+4: Owner Occupied: Census Tract: Topoqraphv: Neighborhood Code: Lot: Block: Lot Acres: Lot Area: Water: Sewer: 92418 0001 No 43.02 Flat/Level 091-091 1 2 San Bernardino Vly J 0.072 3,150 Public Public Service 12 Water Tax Dist: TOMPKINS SUB W 50 FT LOT 1 BLK 2 Estimated Value Value As Of: --- ------------ ---- 03/04/2020 Last Market Sale & Sales History Owner Mame: Recording Date Sale Date Nominal Buyer Name Seller Name Document Number Document Type City Of San Bernaridno 08/16/2016 12/03/2014 03/18/2011 03/18/2011 05/19/1977 08/11/2016 11/24/2014 03/17/2011 03/17/2011 y y y y City Of San Bernardino Redevelopment Agcy Of San Bernardino San Bernardino Llamas Salvador P San Bernard Economic Dev Co Economic Dev Co Successor Agcy Of San Bernardino Redevelopment Agcy Of Redevelopment Agcy Of Redev Agcy/City Economic Dev Co San Bernard San Bernard 331262 463122 112894 111992 26 Quit Claim Deed Quit Claim Deed Quit Claim Deed Quit Claim Deed Deed (Reg) ·1 ' ,. r p, T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY Property Detail Generated on 03: 12 202(1 Peqe I of 2 Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS 9.d Packet Pg. 316 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,i•+'JlcoMMERCIAL Property Map ',', -so·- I I 63' 63' ' ' -so·- Spruce 5t W I I I - ,� I I � I 11 La Plaza Park z §'. < "' 3 0 6 Our lc1dy o\ => V Gu;irL1lupe Church � Cl) W 5th St ..... 1.J ,-, 1 �- .. Lot Drrnensacns are Estimated 25 yards I Map data st:![X!O Goog>e i' � - - -- 200 yards I Uap data !f:'2020J Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS • ' • J T.C. Obichang I KW Comrnerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED fNDEPENDENTLY Property Detail Page 2 cf 2 9.d Packet Pg. 317 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,, f. 'JI COM MERCI AL IX) ,,., 0 0 c: .., ..... 0 c: ..... CD CD O CD c: ..... o< u, a>,-.. -c.o -o- oa::::r--:, >- N =�O <..>1-r- 1- - ---HHH V� - - - - - - - - -r-- - -- - --f!OHll*-!HOO*-- --1 � : I c: ::, - 0 -u a> 0.o,O 0 0 c: �a...=-o ..... 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Adams and � t,,,,,lcoMMERCIAL Comparable Sale #1 • Property Profile • Assessor's Parcel Map • Aerial T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 320 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � '1'+'4lcoMMERCIAL 1505 W 5th St, San Bernardino, CA 92411, San Bernardino County ·Owner ilnfo,rmatlon Owner Name: Owner Name 2: Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location Information N/A Beds N/A Baths Dennen Antonio Xiao Bo Antonio Dennen Po Box 6986 Fullerton, CA N/A Bldg Sq Ft N/A Yr Built 8,400 Lot Sq Ft Type Tax Billing Zip: Tax Billing Zip+4: Owner Vesting: Owner Occupied: $42,000 MLS Sale Price MLS Sale Date 92834 6986 Husband/Wife No VCNT LND-NE 04/25/2019 Zip Code: Carrier Route: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Assessment & Tax 92411 C042 San Bernardino San Bernardino Vly J 0138-173-05-0000 7012 Census Tract: Topography: Neighborhood Code: Lot: Block: 49.00 Flat/Level 091-091 27 24 12 Water Tax Dist: San Bernardino Vly J RS B PTNS LOTS 26 AND 27 BLK 24 BEG ON N Ll LOT 27 326 FT W OF NE COR SD LOT TH S 140 FT TH W 60 FT TH N 140 FT TH E 60 FT TO POB Assessment Year Assessed Value - Total Assessed Value - Land YOY Assessed Change($) _YOY Assessed Change(%). Tax Year 2016 2017 2018 2018 $24,898 $24;898. $488 2% Total Tax $455 $.469 $484 2017 2016 $24,410 $23,931 $24,410 $23,931 $479 2% Change($) Change(%) $14 3.06% $15 3.11% Special Assessment Sbcofire Fp-5 City Snbndo Sb Valley Muni Wtr Dbt Svc School Bonds San Bdno Comm College Bond . -··· . Co Ventor Control Total Of Special Assessments . . ... . .. charactertsncs Tax Amount $157.56 $37.96 $28.03 $10.13 $1.30 $234.98 County Land Use: Universal Land Use: Lot Acres: Estimated Value Vacant Land Vacant Land (NEC) 0.1928 Lot Area: Water: Sewer: 8,400 Public Public Service Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS Property Detail Cn:1111:!rdlt.:d •Joi fJ 1 2012019 T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 321 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,1·+'JlcoMMERCIAL Property Map 139' 139' -62'- -. r, ... ... > '"' I I I i I . I )J I - I I )-, 1 I W 5th St __ 11 NI•: ·11�11 -:.r i I .: Our LZJdy of� G...1ada,uµe Church T T - ').• ? @) i I� 'Lot ounenstons are Estimated I j I . I I 1 25 yards 1 ! I ____ Mapaata•s,2019) I� T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFRCE IS OWNED AND OPERATED INDEPENDENTLY 200 yards I Map data •b2019 9.d Packet Pg. 322 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. 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Adams and � �1'+'2lcoMMERCIAL Comparable Sale #2 • Property Profile • Assessor's Parcel Map • Aerial T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 325 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,, , • 'JI CO MME RC IAL 1467 W 5th St, San Bernardino, CA 92411, San Bernardino County Owner Information 1 Beds 1 Baths 528 Bldg Sq Ft 1922 Yr Built 7,000 Lot Sq Ft SFR Type $45,000 MLS Sale Price 08/31/2018 MLS Sale Date Owner Name: Owner Name 2: Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location Information Zip Code: Carrier Route: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Assessment & Tax Assessment Year Assessed Value - Total .Assessed Value - Land Yoy)\ssessed ·change ($) YOY Assessed Change(%) Tax Year 2016 2017 2018 Special Assessment Sbcofire Fp-5 City Snbndo Sb Valley Muni Wtr Dbt Svc School sends San Bdno Comm" Colleqe "sand Co Ventor Control Total Of Special Assessments Characteristics County Land Use: Universal Land Use: Lot Frontage: Lot Depth: Lot Acres: Lot Area: Yanez Rodrigo Suarez Bella Rodrigo Yanez 16525 Raymond Ave Fontana, CA 92411 C042 San Bernardino San Bernardino Vly J 0138-173-10-0000 7012 2018 $6,314 .$5,314 _$124 2% Total Tax $227 $234 $241 Tax Amount $157.56 $9.62 $7:10 $2.56 $1.30 $.178.14 Vacant Land SFR so 140 0.1607 7,000 Tax Billing Zip: Tax Billing Zip+4: Owner Vesting: Owner Occupied: Census Tract: Topography: Neighborhood Code: Lot: Block: 2017 $·6,i90 -�;('>,190 $121 1. 99°io Change($) $7 $7 Half Baths: Water: Sewer: Heat Tvpe: Cooling Type: Roof Material: 92336 2046 Married Man No 49.00 Flat/Level 091-091 27 24 2016 $6,069 ... $6,069 Change(%) 3.01% 3.04% 1 Public Public Service Furnace None Composition Shingle 12 Water Tax Dist: San Bernardino Vly J RS B BEG 125 FT W OF NE COR LOT 27 BLK 24 TH S 140 FT W 50 FT N 140 FT E SO FT Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REAL TY, California Regional MLS Property Detail 0enermed on 011.201.!0I<J Page l of J T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 326 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �1·,·JlcoMMERCIAL Property Map -53·- 140' 140' -53·- i :� W 5th St ! ' I ',\' V -,l�n- ,·:r .: 11 I i I I I I 25 vards i ' Map data @2019 Google J : � .: Our Lady oi In\ Guadalupe Church"' 1• < Cl) ... ;;} 0 :J )> < It) W 5th St 1', °' f� ,1 • ,"1 I :t 200 �·ards I Map data •&l201 T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 327 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,, ,, ,,1c OM MER C IAL c: ,..._:::, �i ., Cl. C) 0 0 0 c: :=2:a....=-c ... "'cc o � .... ...,.., c: o� ._ .,,o., "' a, ., ..,,. "' 0 c: <n O O <(QlV, " a, v, I I H Ir I � :.; t ® ® @ ------�------ = go I - ) @. ® @ ® a eet ® ® � @) �@ @ � ® • 7 ® I f----• l �" I " f.-------t----,, � � J 1.,,..---�"'i------1r-f- � ;: f---�---l g � C',,I 1-------1--------1 @ I 1---------,-----,;t� � @ > I I @)C))I 1,;ci, " I @ @ .l. � ..... ..... @ @ � "® ® ® -, ® @ 0 c: 00 .., 0 r-- 0 c: -0 ...... 0 c: ...... ® Q) CDN c: ......... Or- V) co 0 ..c:::::::;; (..) c: 0 Ct:: c: a... ... 0 0 N T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 328 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �' f ,'JI CO MM ER CI AL T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 329 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �,, +'Jlc OM MER C IAL Comparable Sale #3 • Property Profile • Assessor's Parcel Map • Aerial T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 330 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � �,,,,,lcOMMERCIAL 1040 N Mt Vernonave, San Bernardino, CA 92411, San Bernardino County Ow.ner !nfurmatton N/A Beds N/A Baths N/A Bldg Sq Ft N/A Yr Built 5,229 Lot Sq Ft Type $34,888 MLS List Price Sale Date Active Listing • VCNT LND-NE 02/21/2019 Owner Name: Mail Owner Name: Tax Billing Address: Tax Billing City & State: Location Information Zip Code: Tract Number: School District: Comm College District Code: Tax Information APN: Tax Area: Tax Appraisal Area: Legal Description: Assessment 8:. Tax Lopez Michael A Michael A Lopez 14041 Newland St #bo3 Westminster, CA 92411 1705 San Bernardino San Bernardino Vly l 0139-103-12-0000 7167 Tax Billing zro. Tax Billing Zip+4: Owner Vesting: Owner Occupied: Census Tract: Topography: Neighborhood Code: Lot: Block: 92683 4595 Single Man No 42.02 Flat/Level 091-091 1 2 12 Water Tax Dist: San Bernardino Vly l FRANK C PLATTS MT VERNON SUB NO 1 TR NO 1705 LOT 1 BLK 2 Assessment Year Assessed Value - Total Assessed Value - Land YOY Assessed Change ($) YOY Assessed Change(%) Tax Year 2016 2017 2018 2018 $25,350 $25,350 $497 2% Total Tax $461 $475 $490 2017 2016 $24,853 $24,366 $24,1353 $24,366 $487 .. 2% Change($) Change(%) $14 3.06% $15 3.11% Special Assessment Sbcofire Fp-5 City Snbndo Sb Valley Muni Wtr Dbt Svc . . . . School Bonds San Bdno Comm College Bond Co Ventor Control Total Of Special Assessments Characteristics Tax Amount $157.56 $38.65 $28:54 $10.31 $1.30 $236.36 County Land Use: Universal Land Use: Lot Acres: Estimated Value Value As Of: Vacant Land Vacant Land (NEC) 0.12 07/20/2019 Lot Area: Water: Sewer: 5,229 Public Public Service Courtesy of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS ,, ,' T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY Property Detail w�!ncr.;t.._-:: er ,,Lt.��·., 9.d Packet Pg. 331 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � t,,,,JlcoMMERCIAL Foreclosure History Document Type Default Date Foreclosure Filing Date ..... .. . Recording Date Document Number Default Amount Final Judgment Amount Original Doc Date . . . . . . . Original Document Number Notice Of Trustee's Sale 06/30/2010 07/02/2010 266512 $39,060 06/06/2008 259124 Notice Of Default 02/05/2010 02/05/2010 02/08/2010 49969 $5,051 06/06/2008 259124 Property Map 1 :::0 25 yards I �v1a.E_<lata ©2019 Goog� L�- Encanto Park Mt Vl:'r'lon� Elementary School Y ·•;,: ,t' ., 'li -�·th �1 200 yards I Map data �201 '· ·,, ::r: (/) ..... J 0 ; ... ::::!. 0 s (l) a, a, O Gri.!CJi.1110 Gorn L Y Elr�r...,�gtc1ry Set· )I i \V f�.1•;1° I 111c ',I I - I I I . I I I I ! I I I l I 11 I I V•/ 9111 St () :E I Vl ...... 0 .... z � - W Olive St < ct> -, :::> 0 115' ::, )> 46' < (0 I 115' 46' I --- 'Lot Dimensions are Eslimated W Olive St I� T.C. Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 332 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and � ,,,,,JlcoMMERCIAL � . 0 c: ::, Oo -u e&�o ��� ... "'a, c � .... ......, c o t- ... "'c:, ., "' co Q)..,. "'0 c: u, 0 C <COV1 "' 0 0 N L ' - @w =® N ®� (I\ �@ ®;:: N \�) :=@ @) � :::!@ ®N :::!@ N @- ;,c@ N @o �@ N @= �@ - ® e, !::@ @ @ @ @ I ± w �) ® . ' ' : ... !H : u: ® @ !::!@ � @!:: ...... ;:!@ -.� ... � l :.-:;; 0 := ® @� ,p. ::l® � zu·�21 ® �@ 0� ;:;@ b6'SZ! @ m@ @;,c �® ® (;� = (E) @M �9�@ - lt"Dtl 1- HI ® '(tf .......... @ C) 1111 ® .... ® �-- �?L ® w;p,@ @w ® l5'9,1� @ "'® l @ "' I ® ,._ 7,;:lo ® ... ® :!; ®"" ® <? 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Obichang I KW Commerical I DRE 01870646 1473 Ford St Suite 200, Redlands CA 92373 Office (909) 793-2100 I Fax (909) 793-8200 EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY 9.d Packet Pg. 334 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.BOV.Attachment 4 (6748 : Resolution to Approve PSA with Edward C. Adams and PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS SELLER: City of San Bernardino BUYER: Edward C. Adams and Jeanne M. Adams DATED: June 3, 2020 (552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street APNs 0138-114-09 to -11 and 0138-114-18) 9.e Packet Pg. 335 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. BASIC TERMS Buyer: Edward C. Adams and Jeanne M. Adams Buyer’s Address: 3242 Miramonte Dr. San Bernardino CA 92405 Tel: (909) 374-2547 Email: carson7252@aol.com City: The City of San Bernardino Closing Contingency Date: August 3, 2020 Closing Date (or Closing) Estimated to occur by June 19, 2020, but not later than the Outside Date Deed: A grant deed in the form of Exhibit “B” hereto Effective Date: June 3, 2020 Escrow Holder: Commonwealth Land Title A Fidelity National Financial Company 888 S. Figueroa Street, Suite 2100 Los Angeles, CA 90017 Tel: (213) 330-3059 Attention: Crystal Leyvas, Vice President, National Accounts National Commercial Services Direct: (213) 330-3059; email: Cleyvas@cltic.com (or another escrow holder mutually acceptable to Buyer and Seller) Independent Consideration Amount: Two Hundred Dollars ($200) Outside Date: August 28, 2020; provided that such date may be extended by mutual writing agreement by Seller and Buyer Purchase Price: One Hundred Three Thousand Five Hundred Dollars ($103,500) Real Property: That property described in Exhibit “A” hereto; the subject property is sometimes referred to as APNs 0138-114-09 to -11 and 0138-114-18 Seller: City of San Bernardino Seller’s Address: 290 N. “D” Street – Third Floor San Bernardino, California 92418 Attention: Teri Ledoux, City Manager Tel. (909) 384-5122 Fax: (909) 384-5138 9.e Packet Pg. 336 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 2 Email: Ledoux_Te@sbcity.org Soil and Title Contingency Date: July 4, 2020 Title Company: Commonwealth Land Title A Fidelity National Financial Company 888 S. Figueroa Street, Suite 2100 Los Angeles, CA 90017 Tel: (213) 330-3059 Attention: Crystal Leyvas, Vice President, National Accounts National Commercial Services direct: (213) 330-3059; email: Cleyvas@cltic.com (or another title company mutually acceptable to Buyer and Seller) 9.e Packet Pg. 337 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 3 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of June 3, 2020 (the “Effective Date”) by and between Seller and Buyer. RECITALS A. Seller is the fee owner of the Real Property. The Real Property is approximately 0.56 acres of vacant land. B. Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below. C. In addition to the Purchase Price, material considerations to Seller in agreeing to enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: (a) The fee interest in the Real Property to be conveyed by a grant deed in the form of the Deed; and (b) All personal property, equipment, supplies, and fixtures owned by Seller and located at the Real Property. 2. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for the Real Property. Upon payment of the Purchase Price (less any adjustments made to clear liens and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents and validation of the purchase price incurred by the City of San Bernardino and the Seller’s share of closing costs), the use of sales proceeds by Seller is a matter with which Buyer is not concerned. 3. Escrow and Independent Consideration. (a) Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary 9.e Packet Pg. 338 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 4 supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer. (b) Independent Consideration. Within two (2) days after the Opening of Escrow, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as non- refundable independent consideration. The Independent Consideration Amount has been bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement and Seller holding the Real Property off the market for a period commencing as of the Effective Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein, including any and all rights granted to Buyer to terminate this Agreement under the circumstances provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the Independent Consideration Amount shall be non-refundable in all events, except for Seller’s default hereunder. If the Closing occurs, a credit shall be applied to the Purchase Price based upon payment of the Independent Consideration Amount. (c) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the Outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party. 4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the “Property Documents”): (a) Such proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement. In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) on or before the Soil and Title Contingency Date. 5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. 9.e Packet Pg. 339 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 5 (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall provide a copy to the Seller of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results without any representation or warranty as to their accuracy or completeness. Buyer shall bear all costs, if any, associated with restoring the Real Property to substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by Buyer during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with counsel satisfactory to Seller) and hold Seller and the Real Property free and harmless from and against all costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or mechanic’s liens arising out of or resulting from any entry or activities on the Real Property by Buyer, Buyer’s agents, contractors or subcontractors and the contractors and subcontractors of such agents, but in no event shall the indemnity of this Section include the discovery of pre-existing conditions by Buyer or any such liabilities, costs, etc. arising from the negligence or willful misconduct of Seller and/or its consultants. The indemnity obligations of Buyer set forth in this Section 5(a) shall survive any termination of this Agreement or the Close of Escrow. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. 9.e Packet Pg. 340 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 6 (b) No Warranties as to the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Real Property for development purposes. In addition, Seller makes no representations, warranties or assurances concerning the Real Property, its suitability for any particular use or with regard to the approval process for entitlements as to the Real Property. (c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Real Property. Such precautions shall include compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real Property (“Governmental Requirements”) with respect to Hazardous Materials. 6. Buyer’s Conditions Precedent and Termination Right. (a) Conditions Precedent. The Closing and Buyer’s obligation to consummate the purchase of the Real Property under this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only. (i) Title Review. Within twenty (20) calendar days after the Opening of Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Buyer’s Title Policy shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages, and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Standard Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage 9.e Packet Pg. 341 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 7 shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. In the event Buyer enters into a loan agreement to generate moneys to purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to Buyer obtaining such loaned moneys. The sale shall be all cash to Seller. (iii) Physical and Legal Inspections and Studies. On or before Soil and Title the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. (iv) Natural Hazard Report. Seller shall cause the Escrow Holder to provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural Hazard Report. (v) Property and Formation Documents. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (vi) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below. (vii) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the date made and as of the Closing. (viii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement. (ix) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (b) Termination Right. Each of (i), (ii) and (iii) shall operate independently and each shall entitle Seller to terminate this Agreement, as follows: (i) If the Independent Consideration Amount is not paid by Buyer to Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement shall terminate upon Seller giving notice thereof to Buyer; 9.e Packet Pg. 342 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 8 (ii) If any of Buyer’s Contingencies are not met by the Closing Contingency Date, and Seller so informs Buyer, Buyer may, by written notice to Seller, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has not terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been satisfied. If this Agreement is terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only: (a) Completion of Title Review. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of title and that the condition of title satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has reviewed 9.e Packet Pg. 343 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 9 the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the condition of the Real Property. (c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has approved a pro forma title policy. (d) Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with closing. (e) Delivery of Documents. Buyer’s delivery of all documents described in Section 9(a), below. Should any of Buyer’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied) and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to those termination rights of Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer. 8. Seller’s Deliveries to Escrow Holder. (a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”): (i) Deed. The Deed. (ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”). (iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing. (iv) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy. (v) Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company which are consistent with the terms of this Agreement. (vi) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company which are consistent with the terms of this Agreement. 9.e Packet Pg. 344 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 10 (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller. 9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”): (a) Purchase Price. The Purchase Price, less amounts which Seller confirms in writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 593 to Title Company at or immediately after Closing. (b) Change of Ownership Report. One (1) original Preliminary Change of Ownership Report. (c) Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement. (d) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company. (e) Moneys for Buyer’s Real Estate Broker. Buyer shall deposit any moneys due and payable to Buyer’s Real Estate Broker in connection with the sale of the Real Property. (f) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. 10. Costs and Expenses. (a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) documentary 9.e Packet Pg. 345 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 11 recording fees, if any; (v) documentary transfer tax, if any; (vi) Seller’s Real Estate Broker’s Commission of Ten Thousand Three Hundred Fifty Dollars ($10,350) which the parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real Estate Broker; (vii) one half of the escrow charges; and (viii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”). (b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) the Escrow Holder’s fee; (ii) Buyer’s share of prorations, (iii) the premium for title insurance other than or in excess of a Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (iv) one half of escrow charges; (v) recording and other costs of closing; (vi) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf; and (vii) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”). (c) Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers, other than broker’s commission, in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. The parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real Estate Broker. 11. Prorations; Withholding. (a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto. (b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the 9.e Packet Pg. 346 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 12 month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board. 12. Closing Procedure. When the Title Company is unconditionally prepared (subject to payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below. (a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller. (b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (including any liens as to which such liens and the amount to satisfy such liens shall have been confirmed in writing by Seller to Escrow Holder) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the commission for Buyer’s Real Estate Broker (unless Buyer’s Real Estate Broker shall deliver a written statement to Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Real Estate Broker outside escrow and that payment of such remuneration is a matter with respect to which Escrow Holder and Seller need not be concerned). (c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of San Bernardino, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. (d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of San Bernardino, the Natural Hazard Report, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer. 9.e Packet Pg. 347 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 13 (f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g) Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. (h) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing. 13. Representations and Warranties. (a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing; provided that each of the representations and warranties of Seller is based upon the information and belief of the City Manager: (i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated. (ii) All requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) The individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. (iv) Neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. 9.e Packet Pg. 348 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 14 (vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property. (viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix) There are no mechanics’, materialmen’s or similar claims or liens presently claimed, or which will be claimed, against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing. (xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof. (b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing: 9.e Packet Pg. 349 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 15 (i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof. (iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound. (d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter. 14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. At such time as Buyer makes improvements to the Real Property, the costs for planning, designing, and constructing such improvements shall be borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such improvements in compliance with all the zoning, planning and design review requirements of the San Bernardino Municipal Code, and all nondiscrimination, labor standard, and wage rate requirements to the extent such labor and wage requirements are applicable. Buyer, including but not limited to its contractors and subcontractors, shall be responsible to comply with Labor Code Section 1720, et seq., if applicable, and its implementing regulations, regarding the payment of prevailing wages (the “State Prevailing Wage Law”), if applicable, and, if applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements to the Real Property, but only if and to the extent such sections are applicable to the development of the Real Property. Insofar as the parties understand that Buyer is paying a fair market price for the Real 9.e Packet Pg. 350 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 16 Property, the parties believe that the payment of prevailing wages will not be required. In any event, Buyer shall be solely responsible for determining and effectuating compliance with the Prevailing Wage Laws, neither the Seller nor the City makes any final representation as to the applicability or non-applicability of the Prevailing Wage Laws to improvements to the Real Property, or any part thereof. Buyer hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold each of the Seller and the City, and their respective officers, employees, agents and representatives, harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon Buyer’s acts or omissions pertaining to the compliance with the Prevailing Wage Laws as to the Real Property. This Section 14 shall survive Closing. 15. General Provisions. (a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (c) Brokers. Seller assumes sole responsibility for any consultants or brokers (“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer shall have no responsibility in connection with such matters). Seller represents that it has engaged Keller Williams Realty as “Seller’s Real Estate Broker” and that Seller shall be solely responsible for any commission, cost, fee or compensation of any kind due to Seller’s Real Estate Broker. Seller represents to Buyer that Seller has not engaged any consultants, finders or real estate brokers other than Seller’s Real Estate Broker in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind due or owing to any person or entity in connection with this Agreement other than Seller’s costs with respect to the Seller’s Real Estate Broker Commission. Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Agents”) it may have retained in connection with the purchase of the Real Property. Buyer represents that it has engaged Charles Obichang as “Buyer’s Real Estate Broker” and other than the portion of the Seller’s Real Estate Broker’s Commission that is payable to the Buyer’s Real Estate Broker per Section 10(a) of this Agreement, Buyer shall be solely responsible for any other cost, fee or compensation of any kind due 9.e Packet Pg. 351 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 17 to Buyer’s Real Estate Broker, if any. Buyer represents to Seller that Buyer has not engaged any consultants, finders or real estate brokers other than Buyer’s Real Estate Broker in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind due or owing to any person or entity in connection with this Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement. The Parties acknowledge and agree that Buyer has been represented in this transaction by Charles Obichang as “Buyer’s Real Estate Broker.” At Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker. The broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real Estate Broker. (d) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (e) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (f) Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement. (g) Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (h) Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall 9.e Packet Pg. 352 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 18 constitute but one and the same instrument. A facsimile signature shall be deemed an original signature. (i) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (j) Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (k) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (l) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (m) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California. (n) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (o) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, including, without limitation, that certain Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated March 3, 2020, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (p) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (q) Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party. [signatures begin on the following page] 9.e Packet Pg. 353 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. “SELLER” CITY OF SAN BERNARDINO, a public entity, corporate and politic By: Teri Ledoux City Manager “BUYER” EDWARD C. ADAMS AND JEANNE M. ADAMS By: Name: Edward C. Adams By: Name: Jeanne M. Adams Approved as to form: Gary D. Saenz, City Attorney By: 9.e Packet Pg. 354 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. Acceptance by Escrow Holder: Commonwealth Land and Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of San Bernardino, a public entity, corporate and politic (“Seller”), and Edward C. Adams and Jeanne M. Adams (“Buyer”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: _____________, 2020 COMMONWEALTH LAND AND TITLE COMPANY By: Name: Its: 9.e Packet Pg. 355 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. A-1 EXHIBIT A LEGAL DESCRIPTION Address: 552 and 578 N. Mt. Vernon and 1316 W. Spruce Street, San Bernardino, CA APN: 0138-114-09 to -11 and 0138-114-11 9.e Packet Pg. 356 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. B-2 EXHIBIT B DEED NOT FOR SIGNATURE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: “BUYERS” APNs: 0138-114-09 to -11 0138-114-11 [Space above for recorder.] DOCUMENTARY TRANSFER TAX $ ______ computed on the consideration or value of property conveyed; OR computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Bernardino, a public entity, corporate and politic (“Grantor”), hereby grants to Edward C. Adams and Jeanne M. Adams, husband and wife, as joint tenants (“Grantee”), that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easements, restrictions and covenants of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2020. CITY OF SAN BERNARDINO, a public entity, corporate and politic By: NOT FOR SIGNATURE Teri Ledoux City Manager 9.e Packet Pg. 357 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. ATTACHMENT NO. 1 TO GRANT DEED TO EXHIBIT B ATTACHMENT NO. 1 TO GRANT DEED LEGAL DESCRIPTION Address: 552 and 578 N. Mt. Vernon and 1316 W. Spruce Street, San Bernardino, CA APN: 0138-114-09 to -11 and 0138-114-11 9.e Packet Pg. 358 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On _____________________________ , before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer __________________________________________ Title(s) __________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other: ________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) __________________________________________ __________________________________________ __________________________________________ Number Of Pages __________________________________________ Date Of Documents __________________________________________ Signer(s) Other Than Named Above 9.e Packet Pg. 359 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. C-1 EXHIBIT C FIRPTA CERTIFICATE TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS To inform Edward C. Adams and Jeanne M. Adams (the “Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of certain real property to the Transferee by the City of San Bernardino (the “Transferor”), the undersigned hereby certifies the following: 1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor’s social security number or U.S. employer identification number is as follows: _________________. 3. The Transferor’s home or office address is: City of San Bernardino 290 N. “D” Street – 3rd Floor San Bernardino, CA 92401 The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document. City of San Bernardino 9.e Packet Pg. 360 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave.PSA.Attachment 5 (6748 : Resolution to Approve PSA with Edward C. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS SELLER: City of San Bernardino BUYER: Edward C. Adams and Jeanne M. Adams DATED: June 3, 2020 (552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street APNs 0138-114-09 to -11 and 0138-114-18) 9.f Packet Pg. 361 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams BASIC TERMS Buyer: Edward C. Adams and Jeanne M. Adams Buyer’s Address: 3242 Miramonte Dr. San Bernardino CA 92405 Tel: (909) 374-2547 Email: carson7252@aol.com City: The City of San Bernardino Closing Contingency Date: August 3, 2020 Closing Date (or Closing) Estimated to occur by June 19, 2020, but not later than the Outside Date Deed: A grant deed in the form of Exhibit “B” hereto Effective Date: June 3, 2020 Escrow Holder: Commonwealth Land Title A Fidelity National Financial Company 888 S. Figueroa Street, Suite 2100 Los Angeles, CA 90017 Tel: (213) 330-3059 Attention: Crystal Leyvas, Vice President, National Accounts National Commercial Services Direct: (213) 330-3059; email: Cleyvas@cltic.com (or another escrow holder mutually acceptable to Buyer and Seller) Independent Consideration Amount: Two Hundred Dollars ($200) Outside Date: August 28, 2020; provided that such date may be extended by mutual writing agreement by Seller and Buyer Purchase Price: One Hundred Three Thousand Five Hundred Dollars ($103,500) Real Property: That property described in Exhibit “A” hereto; the subject property is sometimes referred to as APNs 0138-114-09 to -11 and 0138-114-18 Seller: City of San Bernardino Seller’s Address: 290 N. “D” Street – Third Floor San Bernardino, California 92418 Attention: Teri Ledoux, City Manager Tel. (909) 384-5122 Fax: (909) 384-5138 9.f Packet Pg. 362 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 2 Email: Ledoux_Te@sbcity.org Soil and Title Contingency Date: July 4, 2020 Title Company: Commonwealth Land Title A Fidelity National Financial Company 888 S. Figueroa Street, Suite 2100 Los Angeles, CA 90017 Tel: (213) 330-3059 Attention: Crystal Leyvas, Vice President, National Accounts National Commercial Services direct: (213) 330-3059; email: Cleyvas@cltic.com (or another title company mutually acceptable to Buyer and Seller) 9.f Packet Pg. 363 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 3 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of June 3, 2020 (the “Effective Date”) by and between Seller and Buyer. RECITALS A. Seller is the fee owner of the Real Property. The Real Property is approximately 0.56 acres of vacant land. B. Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below. C. In addition to the Purchase Price, material considerations to Seller in agreeing to enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: (a) The fee interest in the Real Propert y to be conveyed by a grant deed in the form of the Deed; and (b) All personal property, equipment, supplies, and fixtures owned by Seller and located at the Real Property. 2. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for the Real Property. Upon payment of the Purchase Price (less any adjustments made to clear liens and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents and validation of the purchase price incurred by the City of San Bernardino and the Seller’s share of closing costs), the use of sales proceeds by Seller is a matter with which Buyer is not concerned. 3. Escrow and Independent Consideration. (a) Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a cop y of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or 9.f Packet Pg. 364 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 4 customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transac tion contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments a nd the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer. (b) Independent Consideration. Within two (2) days after the Opening of Escrow, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as non-refundable independent consideration. The Independent Consideration Amount has been bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement and Seller holding the Real Property off the market for a period commencing as of the Effective Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein, including any and all rights granted to Buyer to terminate this Agreement under the circumstances provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the Independent Consideration Amount shall be non-refundable in all events, except for Seller’s default hereunder. If the Closing occurs, a credit shall be applied to the Purchase Price based upon payment of the Independent Consideration Amount. (c) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the Outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party. 4. Seller’s Delivery of Real Property and Formation Documents . Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (c ollectively, the “Property Documents”): (a) Such proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement. In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) on or before the Soil and Title Contingency Date. 5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. 9.f Packet Pg. 365 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 5 (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer sha ll provide a copy to the Seller of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results without any representation or warranty as to their accuracy or completenes s. Buyer shall bear all costs, if any, associated with restoring the Real Property to substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by Buyer during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with counsel satisfactory to Seller) and hold Seller and the Real Property free and harmless from and against all costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or mechanic’s liens arising out of or resulting from any entry or activities on the Real Property by Buyer, Buyer’s agents, contractors or subcontractors and the contractors and sub contractors of such agents, but in no event shall the indemnity of this Section include the discovery of pre -existing conditions by Buyer or any such liabilities, costs, etc. arising from the negligence or willful misconduct of Seller and/or its consultants. The indemnity obligations of Buyer set forth in this Section 5(a) shall survive any termination of this Agreement or the Close of Escrow. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under S ection 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative C ode, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. 9.f Packet Pg. 366 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 6 (b) No Warranties as to the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Real Property for development purposes. In addition, Seller makes no representations, warranties or assurances concerning the Real Property, its suitability for any particular use or with regard to the approval process for entitlements as to the Real Property. (c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall take all necessary precautions to prevent the release into the environment of an y Hazardous Materials which are located in, on or under the Real Property. Such precautions shall include compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real Property (“Governmental Requirements”) with respect to Hazardous Materials. 6. Buyer’s Conditions Precedent and Termination Right. (a) Conditions Precedent. The Closing and Buyer’s obligation to consummate the purchase of the Real Property under this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only. (i) Title Review. Within twenty (20) calendar days after the Opening of Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Buyer’s Title Policy shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages, and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Standard Buyer’s Title Policy”) in the amount of the Purc hase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its 9.f Packet Pg. 367 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 7 sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. In the event Buyer enters into a loan agreement to generate moneys to purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to Buyer obtaining such loaned moneys. The sale shall be all cash to Seller. (iii) Physical and Legal Inspections and Studies . On or before Soil and Title the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. (iv) Natural Hazard Report. Seller shall cause the Escrow Holder to provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural Hazard Report. (v) Property and Formation Documents. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (vi) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below. (vii) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and correct as of the da te made and as of the Closing. (viii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement. (ix) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (b) Termination Right. Each of (i), (ii) and (iii) shall operate independently and each shall entitle Seller to terminate this Agreement, as follows: 9.f Packet Pg. 368 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 8 (i) If the Independent Consideration Amount is not paid by Buyer to Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement shall terminate upon Seller giving notice thereof to Buyer; (ii) If any of Buyer’s Contingencies are not met by the Closing Contingency Date, and Seller so informs Buyer, Buyer may, by written notice to Seller, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has not terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been satisfied. If this Agreement is terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Ti tle Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing a n endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Bu yer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only: 9.f Packet Pg. 369 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 9 (a) Completion of Title Review. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of title and that the condition of title satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has reviewed the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the condition of the Real Property. (c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has approved a pro forma title policy. (d) Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with closing. (e) Delivery of Documents. Buyer’s delivery of all documents described in Section 9(a), below. Should any of Buyer’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency (and without regard to whether all such contingencies have been removed or satisfied) and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to those termination rights of Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer. 8. Seller’s Deliveries to Escrow Holder. (a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”): (i) Deed. The Deed. (ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”). (iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing. (iv) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy. 9.f Packet Pg. 370 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 10 (v) Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company which are consistent with the terms of this Agreement. (vi) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company which are consistent with the terms of this Agreement. (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or rea l estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller. 9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”): (a) Purchase Price. The Purchase Price, less amounts which Seller confirms in writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Ti tle Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 593 to Title Company at or immediately after Closing. (b) Change of Ownership Report. One (1) original Preliminary Change of Ownership Report. (c) Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement. (d) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company. (e) Moneys for Buyer’s Real Estate Broker. Buyer shall deposit any moneys due and payable to Buyer’s Real Estate Broker in connection with the sale of the Real Property. 9.f Packet Pg. 371 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 11 (f) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. 10. Costs and Expenses. (a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for a Standard Buyer’s Tit le Policy with coverage in the amount of the Purchase Price; (iv) documentary recording fees, if any; (v) documentary transfer tax, if any; (vi) Seller’s Real Estate Broker’s Commission of Ten Thousand Three Hundred Fifty Dollars ($10,350) which the parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real Estate Broker ; (vii) one half of the escrow charges; and (viii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”). (b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) the Escrow Holder’s fee; (ii) Buyer’s share of prorations, (iii) the premium for title insurance other than or in excess of a Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (iv) one half of escrow charges; (v) recording and other costs of closing; (vi) costs, if any, for such services as Buyer may additionally request that Escrow perform on its be half; and (vii) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”). (c) Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers, other than broker’s commission, in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. The parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real Estate Broker. 11. Prorations; Withholding. (a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct 9.f Packet Pg. 372 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 12 the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto. (b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Clos ing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entit y under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board. 12. Closing Procedure. When the Title Company is unconditionally prepared (subject to payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall imme diately close Escrow in the manner and order provided below. (a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller. (b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (including any liens as to which such liens and the amount to satisfy such liens shall have been confirmed in writing by Seller to Escrow Holder ) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the commission for Buyer’s Real Estate Broker (unless Buyer’s Real Estate Broker shall deliver a written statement to Escrow Holder which indicates that Buyer has arranged to pay Bu yer’s Real Estate Broker outside escrow and that payment of such remuneration is a matter with respect to which Escrow Holder and Seller need not be concerned). (c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of San Bernardino, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. 9.f Packet Pg. 373 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 13 (d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of San Bernardino, the Natural Hazard Report, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer. (f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g) Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. (h) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing. 13. Representations and Warranties. (a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing; provided that each of the representations and warranties of Seller is based upon the information and belief of the City Manager: (i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated. (ii) All requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) The individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. (iv) Neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor t he consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, 9.f Packet Pg. 374 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 14 lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property. (viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix) There are no mechanics’, materialmen’s or similar claims or liens presently claimed, or which will be claimed, against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing. (xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof. (b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties s hall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Bu yer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. 9.f Packet Pg. 375 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 15 (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing: (i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the tr ansaction contemplated hereby. (iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to b ind Buyer to the terms and conditions hereof and thereof. (iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound. (d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves a ny such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter. 14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. At such time as Buyer makes improvements to the Real Property, the costs for planning, designing, and constructing such improvements shall be borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such improvements in compliance with all the zoning, planning and design review requirements of the San Bernardino Municipal Code, and all nondiscrimination, labor standard, and wage rate requirements to the extent such labor and wage requirements are applicable. 9.f Packet Pg. 376 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 16 Buyer, including but not limited to its contractors and subcontractors, shall be responsible to comply with Labor Code Section 1720, et seq., if applicable, and its implementing regulations, regarding the payment of prevailing wages (the “State Prevailing Wage Law”), if applicable, and, if applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements to the Real Property, but only if and to the extent such sections are applicable to the development of the Real Property. Insofar as the parties understand that Buyer is paying a fair market price for the Real Property, the parties believe that the payment of prevailing wages will not be required. In any event, Buyer shall be solely responsible for determining and effectuating compliance with the Prevailing Wage Laws, neither the Seller nor the City makes any final representation as to the applicability or non-applicability of the Prevailing Wage Laws to improvements to the Real Property, or any part thereof. Buyer hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold each of the Seller and the City, and their respective officers, employees, agents and representatives, harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon Buyer’s acts or omissions pertaining to the compliance with the Prevailing Wage Laws as to the Real Property. This Section 14 shall survive C losing. 15. General Provisions. (a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (c) Brokers. Seller assumes sole responsibility for any consultants or brokers (“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer shall have no responsibility in connection with such matters). Seller represents that it has engaged Keller Williams Realty as “Seller’s Real Estate Broker” and that Seller shall be solely responsible for any commission, cost, fee or compensation of any kind due to Seller’s Real Estate Broker. Seller represents to Buyer that Seller has not engaged any consultants, finders or real estate brokers other than Seller’s Real Estate Broker in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind due or owing to any person or entity in connection with this Agreement other than Seller’s costs with respect to the Seller’s Real Estate Broker Commission. Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of 9.f Packet Pg. 377 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 17 action or proceedings which may be ins tituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Agents”) it may have retained in connection with the purchase of the Real Property. Buyer represents that it has engaged Charles Obichang as “Buyer’s Real Estate Broker” and other than the portion of the Seller’s Real Estate Broker’s Commission that is payable to the Buyer’s Real Estate Broker per Section 10(a) of this Agreement, Buyer shall be solely responsible for any other cost, fee or compensation of any kind due to Buyer’s Real Estate Broker, if any. Buyer represents to Seller that Buyer has not engaged any consult ants, finders or real estate brokers other than Buyer’s Real Estate Broker in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind due or owing to any person or en tity in connection with this Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement. The Parties acknowledge and agree that Buyer has been represented in this transaction by Charles Obichang as “Buyer’s Real Estate Broker.” At Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker. The broker's commission shall be divided equally betwee n Buyer's Real Estate Broker and Seller's Real Estate Broker. (d) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereo f, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumu lative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the ot her party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (e) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be requir ed in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (f) Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement. (g) Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or 9.f Packet Pg. 378 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 18 event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (h) Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature. (i) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreeme nt or any provision hereof. (j) Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (k) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (l) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (m) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California. (n) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (o) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, including, without limitation, that certain Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated March 3, 2020, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agr ee and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (p) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (q) Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party. 9.f Packet Pg. 379 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 19 [signatures begin on the following page] 9.f Packet Pg. 380 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. “SELLER” CITY OF SAN BERNARDINO, a public entity, corporate and politic By: Teri Ledoux City Manager “BUYER” EDWARD C. ADAMS AND JEANNE M. ADAMS By: Name: Edward C. Adams By: Name: Jeanne M. Adams Approved as to form: Gary D. Saenz, City Attorney By: 9.f Packet Pg. 381 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams Acceptance by Escrow Holder: Commonwealth Land and Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of San Bernardino, a public entity, corporate and politic (“Seller”), and Edward C. Adams and Jeanne M. Adams (“Buyer”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: _____________, 2020 COMMONWEALTH LAND AND TITLE COMPANY By: Name: Its: 9.f Packet Pg. 382 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams A-1 EXHIBIT A LEGAL DESCRIPTION Address: 552 and 578 N. Mt. Vernon and 1316 W. Spruce Street, San Bernardino, CA APN: 0138-114-09 to -11 and 0138-114-11 9.f Packet Pg. 383 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams B-2 EXHIBIT B DEED NOT FOR SIGNATURE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: “BUYERS” APNs: 0138-114-09 to -11 0138-114-11 [Space above for recorder.] DOCUMENTARY TRANSFER TAX $ ______ computed on the consideration or value of property conveyed; OR computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Bernardino, a public entity, corporate and politic (“Grantor”), hereby grants to Edward C. Adams and Jeanne M. Adams, husband and wife, as joint tenants (“Grantee”), that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easements, restrictions and covenants of record . IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2020. CITY OF SAN BERNARDINO, a public entity, corporate and politic By: NOT FOR SIGNATURE Teri Ledoux City Manager 9.f Packet Pg. 384 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams ATTACHMENT NO. 1 TO GRANT DEED TO EXHIBIT B ATTACHMENT NO. 1 TO GRANT DEED LEGAL DESCRIPTION Address: 552 and 578 N. Mt. Vernon and 1316 W. Spruce Street, San Bernardino, CA APN: 0138-114-09 to -11 and 0138-114-11 9.f Packet Pg. 385 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On _____________________________, before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer __________________________________________ Title(s) __________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other: ________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) __________________________________________ __________________________________________ __________________________________________ Number Of Pages __________________________________________ Date Of Documents __________________________________________ Signer(s) Other Than Named Above 9.f Packet Pg. 386 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams C-1 EXHIBIT C FIRPTA CERTIFICATE TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS To inform Edward C. Adams and Jeanne M. Adams (the “Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of certain real property to the Transferee by the City of San Bernardino (the “Transferor”), the undersigned hereby certifies the following: 1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor’s social security number or U.S. employer identification number is as follows: _________________. 3. The Transferor’s home or office address is: City of San Bernardino 290 N. “D” Street – 3rd Floor San Bernardino, CA 92401 The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of per jury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document. City of San Bernardino 9.f Packet Pg. 387 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 6 (6748 : Resolution to Approve PSA with Edward C. Adams -1- Attachment No. 3 NOTIFICATION OF COMPENSATION 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs: 0138-114-09 to -11 and 0138-114-18) INTRODUCTION The purpose of this Notification of Compensation (Notification) is to inform the effected “Taxing Entities” (as defined in Health and Safety Code (HSC) Section 34171 (k) that receive pass-through payments and distributions of property taxes with respect to the redevelopment project areas of the former Redevelopment Agency of the City of San Bernardino) that the Property, as defined herein, has been sold for a price equal to its Broker’s Opinion of Value and that the net proceeds of sale will be submitted to the San Bernardino County Auditor-Controller/Treasurer/Tax Collector for distribution to the Taxing Entities Pursuant to HSC Section 34180 (f) (1), “If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to HSC Section 34188, for the value of the property retained.” Pursuant to HSC Section 34188, “for all distributions of property tax revenues and other moneys pursuant to this part, the distribution to each taxing entity shall be in an amount proportionate to its share of property tax revenues in the tax rate area in that fiscal year…” The Successor Agency to the Redevelopment Agency of the City of San Bernardino’s (Successor Agency) approved Long-Range Property Management Plan (LRPMP), includes 230 parcels of land grouped into forty-six (46) separate sites, eighteen (18) of which are designated as government use sites, seven (7) of which are designated as future development sites , and twenty- one (21) of which are designated to be sold. With respect to Site No. 24, as designated in the LRPMP for future development, the City of San Bernardino (City) has determined not to retain Site No. 24 for future development and instead, sell Site No. 24 for its market value and distribute the net proceeds of the sale to the San Bernardino County Auditor-Controller/Treasurer/Tax Collector for subsequent distribution to the Taxing Entities. Further, consistent with HSC Section 34182 (c) (4), each county auditor-controller shall disburse proceeds of asset sales or reserve balances, which have been received from the successor entities pursuant to HSC Sections 34177 and 34187, to the taxing entities (i.e., in accordance with the provisions of the Revenue and Taxation Code). In making such a distribution, the county auditor-controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in HSC Section 34188 (i.e., such distribution to each taxing entity shall be in an amount proportionate to its share of property tax revenues in the tax rate area in that fiscal year). In addition, it is the City’s view that from a practical perspective, the need for an HSC Section 34180 (f) (1) compensation agreement is based on an assumption that the former redevelopment agency’s sponsoring entity, in this case the City, would need to sell Site No. 24 at less than a 9.g Packet Pg. 388 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 7 (6748 : Resolution to Approve PSA with Edward C. Adams -2- market value and/or with payment terms. Therefore, since the City intends to sell Site No. 24 to a third-party at no less than market value on an all cash basis, a compensation agreement with the Taxing Entities is unnecessary. Moreover, and notwithstanding the authority used to make distributions to the Taxing Entities (i.e., either HSC Section 34180 (f) (1) or HSC Section 34182 (c) (4)), the payments made to the Taxing Entities comply with the HSC. Therefore, the purpose of this Notification is to inform the Taxing Entities of the sale of LRPMP- futured development designated as Site No. 24. BACKGROUND Pursuant to HSC Section 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012 and the City Council elected to serve in the capacity of the Successor Agency. The Oversight Board to the Successor Agency (“Oversight Board”) was established pursuant to HSC Section 34179 to assist in the wind-down of the dissolved redevelopment agency. On December 31, 2015, the California Department of Finance approved the Successor Agency’s Oversight Board-approved LRPMP and notified the Successor Agency that pursuant to HSC Section 34191.3, the approved LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all the real property assets of the former redevelopment agency. The approved LRPMP, which addresses the disposition and use of the real property assets held by the Successor Agency, includes 230 parcels of land grouped into forty-six (46) separate sites, nineteen (19) of which are designated as government use sites, seven (7) of which are designated as future development sites, and twenty (20) of which are designated to be sold. Site No. 24 (Property) is designated within the LRPMP as: i) Designated for future development; ii) Contains four (4) vacant parcels of land approximately 0.56-acre in size; iii) Located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18); and iv) Zoned Commercial General in the 1992-Paseo Las Placitas Specific Plan. Consistent with the LRPMP, on August 1, 2016, the Successor Agency adopted Resolution No. 2016-164 authorizing the transfer of the Property to the City, and on August 1, 2016, the City adopted Resolution 2016-165 accepting the transfer of the Property. On March 16, 2017, the Successor Agency transferred the Property to the City via quitclaim deed and the City is now responsible for compliance with the applicable provisions of the HSC governing the Property. PROPERTY DISPOSITION PROCESS On October 18, 2017, the Successor Agency approved an agreement with Keller Williams (KW Agreement) to list and sell the Property. As a part of the KW Agreement, Keller Williams is required to prepare a Broker’s Opinion of Value (“BOV”) for the Property. Based on past practice, DOF has acknowledged that BOVs are an acceptable method and basis for confirming that the value of real property being sold is fair and reasonable. 9.g Packet Pg. 389 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 7 (6748 : Resolution to Approve PSA with Edward C. Adams -3- On March 3, 2020, Mr. Edward C. Adams offered to purchase the Property for $103,500 (Purchase Price); Keller Williams confirmed that Mr. Adams is a credible buyer capable of purchasing the Property. On March 13, 2020, Keller Williams submitted its BOV, indicating its opinion that the market value of the Property is $103,500 (“BOV Market Value”), a copy of which is on file in Office of the City Clerk. In consideration that the Purchase Price equals the BOV Market Value, the City has determined the purchase price offered by Mr. Adams for the Property to be fair and reasonable. Further, since the Purchase Price of the Property equals the BOV Market Value, the City has determined that a formal Compensation Agreement is not warranted and would unnecessarily delay the distribution of the Purchase Price to the entitled Taxing Entities. On June 3, 2020, the City adopted Resolution No. 2020-XXX approving the Purchase and Sale Agreement and Joint Escrow Instructions (the “Purchase and Sale Agreement”) between the City and Mr. and Mrs. Edward C. Adams with respect to the Property, a copy of which is on file in the Office of the City Clerk. It is anticipated that escrow will close on the purchase and sale of the Property on or before August 28, 2020, which is the outside closing date. Therefore, it is projected that the distribution of the Purchase Price through the San Bernardino County Auditor- Controller/Treasurer/Tax Collector to the Taxing Entities, in the manner described above, is likely to occur during the third quarter of 2020. CONTACT FOR ADDITIONAL INFORMATION For any additional information regarding this Notification, including any additional background documents, please contact Ms. Kathleen Robles, at (909) 534-4434 or Robles_Ka@sbcity.org. To the extent that any additional information is needed or there are any questions, it will be appreciated if such inquiries are initiated within thirty (30) days of receipt of this Notification. LISTING OF TAXING ENTITIES The Taxing Entities, as defined in HSC Section 34171 (k) that receive pass-through payments and distributions of property taxes with respect to the redevelopment project areas of the former Redevelopment Agency of the City of San Bernardino, as reported by the San Bernardino County Auditor-Controller/Treasurer/Tax Collector, include: 1. County General Fund 2. Education Revenue Augmentation Fund 3. Flood Control Zone 2 & 3 4. Flood Control Admin 1 & 2 5. Flood Control Admin 3-6 6. Superintendent of Schools 7. Superintendent of Schools - R O P 8. Superintendent of Schools - Phys Hand 9. Superintendent of Schools - Ment Hand 10. Superintendent of Schools - Dev Center 11. City of San Bernardino 12. San Bernardino Community College 13. Colton Joint Unified School Dist 14. Redlands Unified School District 15. Rialto Unified School District 16. San Bernardino City Unified Sch Dis 17. San Bernardino County Fire Protect District - Valley Service Area 18. San Bernardino County Fire Protect District - Admin 19. Riverside Corona RCD 20. Inland Empire JT Resource Cons Dist 21. San Bernardino Valley Water Cons Dist 22. San Bernardino Valley Muni Water 9.g Packet Pg. 390 Attachment: CED.Purchase Sale Agreement for 578 N Mt Vernon Ave-Attachment 7 (6748 : Resolution to Approve PSA with Edward C. Adams Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 23) Santiago Communities Recommendation Adopt Resolution No. 2020-112 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17170 -1 (Subdivision 04-23) involving the subdivision of a parcel containing approximately 9.75 acres into thirteen (13) single-family residential lots and one Lettered Lot “A”. The project site is located on the easterly side of Macy Street between Spruce Street and Sixt h Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. Background On February 6, 2007, the Planning Commission approved Tract No. 17170-1 (Subdivision 04-23) proposing two phase subdivision, Phase one consisting of 13 residential lots and phase two consisting of 14 residential lots. Tract 17170 -1 is the first phase. On May 19, 2020 the Planning Commission approved an extension of time request to February 6, 2021. Analysis The proposed project consists of subdividing a parcel containing approximately 9.75 acres into thirteen (13) single-family residential lots. The residential lots within the tentative tract map range in size from 7,200 to 11,600 square feet. Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No.17170 -1 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and with all conditions of approval. California Environmental Quality Act (CEQA) The environmental impacts of this project were previously analyzed and a Mitigated Negative Declaration was adopted on February 6, 2007 by the Planning Commission in 10 Packet Pg. 391 6749 Page 2 conjunction with the approval of Tract No. 17170-1 (Subdivision 04-23). No new significant impacts and all mitigation measures previously adopted with the Mitigated Negative Declaration, are incorporated herein by this reference. 2020-2025 Key Strategic Targets and Goals The adoption of a Resolution approving the Final Map for Tract No. 17170 -1 aligns with Key Target No. 1: Financial Stability. Specifically, the transformation of existing vacant underutilized properties into productive single -family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals. Fiscal Impacts There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-112, approving Final Map for Tract No. 17170-1 (Subdivision 04-23) involving the subdivision of a parcel containing approximately 9.75 acres into thirteen (13) single-family residential lots and one Lettered Lot “A”. The project site is located on the easterly side of Macy Street between Spruce Street and Sixth Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. Attachments Attachment 1 Resolution Attachment 2 Subdivision Improvement Agreement Attachment 3 Project Bonds Attachment 4 Final Map for Tract No.17170-1 Ward: 6 Synopsis of Previous Council Actions: None 10 Packet Pg. 392 RESOLUTION NO. 2020-112 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NO. 17170-1 (SUBDIVISION 04-23), INVOLVING THE SUBDIVISION OF A PARCEL CONTAINING APPROXIMATELY 9.75 ACRES INTO THIRTEEN (13) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ON THE EASTERLY SIDE OF MACY STREET, BETWEEN SPRUCE STREET AND SIXTH STREET WITHIN THE RESIDENTIAL SUBURBAN (RS) ZONE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE SUBDIVISION IMPROVEMENTS WHEREAS, on February 6, 2007 the Planning Commission approved Subdivision 04-23 for Tentative Tract Map 17170-1; and WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 17170-1 with conditions of approval, and has analyzed the Final Map for Tract No. 17170-1 in order to ensure consistency between the approved Tentative Tract Map 17170-1 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 17170-1 has been found to be in substantial conformance with the approved Tentative Tract Map 17170-1; and WHEREAS, the Mayor and City Council find that proposed Tract Map No.17170-1, located on the easterly side of Macy Street, between Spruce Street and Sixth Street within the Residential Suburban (RS) Zone, together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino; and WHEREAS, the City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Santiago Communities, Inc. attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the C ommunity Development Department of the City of San Bernardino. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. 10.a Packet Pg. 393 Attachment: CED.Final Tract Map 17170-1.Resolution.A1 [Revision 1] (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04-23) Resolution No. 2020-112 SECTION 2. In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the City Engineer conducted an environmental evaluation in connection with the Final Map for Tract No. 17170-1, and concluded that the Final Map for Tract No. 17170-1 is found to be exempt under Section 15061(b)(1) (Statutory Exemptions) of CEQA. Pursuant to Section 15268(b)(3) (Ministerial Projects) of CEQA, the approval of final subdivision maps shall be presumed to be ministerial in the absence of any discretionary provision contained in the local ordinance or other law establishing the requirements for the permit, license, or other entitlement for use. The City Engineer has analyzed the Final Map for Tract No. 17170-1 in order to ensure consistency between the approved tentative tract map with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 17170-1 has been found to be in substantial conformance with the approved tentative tract map. Therefore, the City Engineer has determined the Final Map for Tract No 17170-1 is exempt pursuant to Section 15268(b)(3) of the CEQA guidelines. 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. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements. As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. The City Clerk shall certify approval and acceptance of the Mayor and City Council as set forth in this Resolution. SECTION 6. The authorization to execute the Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. 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, Acting City Clerk Approved as to form: _________________________________ Sonia R. Carvalho, Appointed City Attorney 10.a Packet Pg. 394 Attachment: CED.Final Tract Map 17170-1.Resolution.A1 [Revision 1] (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04-23) Resolution No. 2020-112 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-____, 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, Acting City Clerk 10.a Packet Pg. 395 Attachment: CED.Final Tract Map 17170-1.Resolution.A1 [Revision 1] (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04-23) 10.b Packet Pg. 396 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 397 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 398 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 399 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 400 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 401 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 402 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 403 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 404 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 405 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 406 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 407 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 10.b Packet Pg. 408 Attachment: CED.Final Tract Map 17170-1.Subdivision Improvement Agreement.A2 (6749 : Resolution Approving Final Tract Map 17170-1 Performance Bond – Public Improvements 10.c Packet Pg. 409 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 410 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 411 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 412 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 413 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Labor and Materials Bond 10.c Packet Pg. 414 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 415 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 416 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 417 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 418 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Defective Materials and Workmanship (Warranty) Bond 10.c Packet Pg. 419 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 420 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 421 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 422 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 423 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Monument Bond 10.c Packet Pg. 424 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 425 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 426 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 427 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Faithful Performance Bond - Grading 10.c Packet Pg. 428 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 429 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 430 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 431 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 432 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Subdividers Payment Bond - Grading 10.c Packet Pg. 433 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 434 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 435 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 436 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 437 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Subdivision Bond - Water 10.c Packet Pg. 438 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 439 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 440 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 441 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- Subdivision Bond - Sewer 10.c Packet Pg. 442 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 443 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 444 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.c Packet Pg. 445 Attachment: CED.Final Tract Map 17170-1.Project Bonds.Attachment 3 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04- 10.d Packet Pg. 446 Attachment: CED.Final Tract Map 17170-1.Final Map.Attachment 4 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04-23) Santiago Communities) 10.d Packet Pg. 447 Attachment: CED.Final Tract Map 17170-1.Final Map.Attachment 4 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04-23) Santiago Communities) 10.d Packet Pg. 448 Attachment: CED.Final Tract Map 17170-1.Final Map.Attachment 4 (6749 : Resolution Approving Final Tract Map 17170-1 (Subdivsion 04-23) Santiago Communities) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Cooperative Agreement with the City of Highland and SB County for ATP Cycle 5 Grant Program Recommendation Adopt Resolution No. 2020-113 of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the City of Highland and San Bernardino County for the submission of a Grant Application to the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino Bi -City Bikeway and Walkway Connector (Project) and authorizing the Director of Finance to record a budget adjustment in Local Circulation Development Impact Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application preparation. Background The Active Transportation Program was created by Senate Bill 99 in 2013 and subsequently expanded to Senate Bill 1 (SB 1) in April 2017 to encourage increased use of active transportation mode of transportation, such walking and biking. On March 26, 2020, the California Department of Transportation announced the next rounds of the Active Transportation Program (ATP) Cycle 5. The amount of funding available for the cycle is $440 million. The grant is intended to increase the proportion of walking and biking tripe to reduce greenhouse emissions, enhance public health , and provide benefits to disadvantage communities. The purpose of ATP funding is to encourage increased use of active modes of transportation and to achieve the following goals: Increase the proportion of trips accomplished by biking and walking Increase safety and mobility for non-motorized users Advance the active transportation efforts of regional agencies to achieve greenhouse gas (GHG) reduction goals Enhance public health Ensure that disadvantaged communities fully share in the benefits of the program Provide a broad spectrum of projects to benefit many types of active transportation users 11 Packet Pg. 449 6707 Page 2 The cities of San Bernardino and Highland, in partnership with San Bernardino County, have been working together to establish a regional active transportation project to improve active transportation options between schools within the San Bernardino City Unified School District. The ATP Cycle 5 Grant Program provides an opportunity for the agencies to leverage funding to support the regional project. Discussion The project is located within the San Bernardino City Unified School District (SBCUSD). The SBCUSD includes a total of 72 schools. This project will provide direct connection among twenty-two of those schools including fourteen elementary schools, two middle schools, four high schools, one continuation school, and one special education school. The proposed ATP 5 project application will provide multi-agency participation improvements as follows: o Improved efficiency of multi-modal transportation system o Improved connectivity with California State University San Bernardino throughout the City of San Bernardino o Improvement to nine routes listed in the SBCTA Non -Motorized Transportation Plan o Construction of 12 miles of continuous bikeways/walkways o Incorporate road diet and modern traffic safety improvements along the route The City of Highland is the lead agency on this project. Highland is requesting that the attached Cooperative Agreement, establishing the responsibilities of the both the City of San Bernardino and San Bernardino County, be approved by the City. The preliminary cost estimates for the full project is $17,532,805. Through the ATP Cycle 5 Grant Program $1,284,903 of the project costs are estimated to be eligible for reimbursement. Non-eligible for pavement rehabilitation is estimated in the amount of $4,503,774. The proposed Cooperative Agreement is requested to financially support the preparation and submission of the ATP Cycle 5 Grant Program in a collective amount of $50,000, of which $23,000 is the City of San Bernardino’s cost share. This agreement does not commit any of the agencies to any work or resources beyond the preparation and submission of the grant application. The application due date for ATP Cycle 5 is June 15, 2020. The SBCUSD is in support of this project. In addition, Southern California Association of Governments (SCAG) Metropolitan Planning Organization (MPO), which represents 6 counties and 191 cities, as well as San Bernardino County Transportation Authority, have indicated their support this project. 2020-2025 Key Strategic Targets and Goals This project aligns with Key Target No. 1c. Create a framework for spending decisions. By partnering with the City of Highland and County of San Bernardino, the City is able to take advantage of shared costs for grant preparation and submission. If the project is awarded funding, it will provide the City with an opportunity to comprehensively evaluate 11 Packet Pg. 450 6707 Page 3 the fiscal impacts and determine the level of priority for moving forward with the project expenditure decision. Fiscal Impact No General Fund impact. Funding for the grant application submission the amount of $23,000 will require an appropriation in the amount of $23,000 from Local Circulation DIF Fund No. 263 fund balance to Highland/San Bernardino Bi -City Bikeway and Walkway Connector (Project) Fund No. 263-160-8752-5502. The current available fund balance in the Local Circulation DIF Fund is $159,100. No General Fund appropriations are required for the grant application work. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-113, approving a Cooperative Agreement with the City of Highland and San Bernardino County for the submission of a Grant Application to the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino Bi- City Bikeway and Walkway Connector (Project) and authorizing the Director of Finance to record a budget adjustment in Local Circulation Development Impact Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application preparation . Attachments Attachment 1 Resolution No. 2020-113; Exhibit A - Agreement Ward: 1, 2, 4, 5, 7 Synopsis of Previous Council Actions: None 11 Packet Pg. 451 RESOLUTION NO. 2020-113 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE CITY OF HIGHLAND AND SAN BERNARDINO COUNTY FOR SUBMISSION OF A GRANT APPLICATION TO THE ACTIVE TRANSPORTATION CYCLE 5 GRANT PROGRAM FOR THE HIGHLAND/SAN BERNARDINO BI- CITY BIKEWAY AND WALKWAY CONNECTOR (PROJECT) AND AUTHORIZING THE DIRECTOR OF FINANCE TO RECORD A BUDGET ADJUSTMENT IN LOCAL CIRCULATION DEVELOPMENT IMPACT FEE (DIF) FUND NO. 263 IN THE AMOUNT OF $23,000 IN SUPPORT OF THE APPLICATION PREPARATION WHEREAS, the City of Highland, the City of San Bernardino and the County of San Bernardino (“Parties”) wish to work cooperatively in the preparation of a grant application to secure funding from the Cycle 5 Active Transportation Program (ATP) for development and construction of a bikeway and walkway facilities project entitled Highland/San Bernardino Bi- City Bikeway and Walkway Connector (Project); and WHEREAS, the total cost of the project is preliminarily estimated at $ 17,532,805, of which, $12,849,031 is eligible for grant reimbursements through the ATP Cycle 5 Grant Program; and WHEREAS, the Parties desire to enter into a Cooperative Agreement (“Agreement”) to financially support the preparation and submission of the ATP Cycle 5 Grant Program in a collective amount of $50,000, of which $23,000 is the City of San Bernardino’s cost share; and WHEREAS, this Agreement does not commit any of the Parties to any work or resources beyond the preparation and submission of the grant application. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized and directed to execute, on behalf of the City, Cooperative Agreement with the City of Highland and San Bernardino County, incorporated and attached herein as Exhibit “A”. SECTION 3. The Director of Finance is hereby authorized and directed to record a budget adjustment in the amount of $23,000 from Local Circulation Fund (Fund 263) for the City of San Bernardino’s share of the preparation of an ATP - Cycle 5 application. 11.a Packet Pg. 452 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1 - Resolution [Revision 5] (6707 : Cooperative Agreement with the City of Resolution No. 2020-113 SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this resolution. SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the 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 11.a Packet Pg. 453 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1 - Resolution [Revision 5] (6707 : Cooperative Agreement with the City of Resolution No. 2020-113 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 11.a Packet Pg. 454 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1 - Resolution [Revision 5] (6707 : Cooperative Agreement with the City of 1 AGREEMENT between City of Highland, City of San Bernardino and County of San Bernardino for GRANT APPLICATION to the Active Transportation Cycle 5 Grant Program to fund development of the HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR This AGREEMENT is made by and between the City of Highland (HIGHLAND), the City of San Bernardino (SAN BERNARDINO) and the County of San Bernardino (COUNTY), sometimes individually referred to as a PARTY and, collectively referred to as the PARTIES. Whereas, HIGHLAND, SAN BERNARDINO and COUNTY wish to work cooperatively in the preparation of a GRANT APPLICATION to secure funding from the Cycle 5 Active Transportation Program (ATP) for development and construction of a bikeway and walkway facilities project entitled HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR (PROJECT); and Whereas, the project description, scope and location are shown in Attachments “A” and “B”; Whereas, HIGHLAND will be the Lead Agency and SAN BERNARDINO and COUNTY will be Partnering Agencies in the PROJECT; and Whereas, the PARTIES desire to implement this effort on a cost-shared basis in a manner deemed most efficient and effective to the PARTIES; Whereas, the PROJECT includes bikeway and walkway components that are eligible for grant reimbursements and pavement rehabilitation that is not eligible for grant reimbursements; and Whereas, a preliminary cost estimate indicates that development of the portion of the PROJECT that is eligible for grant reimbursements may cost $12,849,031, the non-eligible portion which consists of pavement rehabilitation may cost $4,503,774, for a total preliminary cost estimate of $17,532,805; and Whereas, assuming a 10% match to the grant eligible portion of PROJECT, the estimated local match cost would be approximately $1,284,903, ($461,107 HIGHLAND, $705,979 SAN BERNARDINO, $117,818 COUNTY); and Whereas, the non-eligible portion of the PROJECT funded by 100% local funds for pavement rehabilitation in the motorized vehicular travel lanes, would be approximately $4,503,774 ($2,158,991 HIGHLAND, $1,972,949 SAN BERNARDINO, $371,834 COUNTY); and Whereas, the total estiamted development cost of the PROJECT to the PARTIES (grant eligible and non-eligible) would be $5,788,678 (HIGHLAND $2,620,098, SAN BERNARDINO $2,678,928, and COUNTY $489,652); and Whereas, based on total estimated development costs (eligible and non-eligible), HIGHLAND’s proportional share of the HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR is 45%, SAN BERNARDINO’s proportional share is 46%, and the COUNTY’s proportional share is 9%; and 11.b Packet Pg. 455 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1A - Agreement [Revision 1] (6707 : Cooperative Agreement with the City of 2 Now therefore, in consideration of the mutual covenants contained herein, the PARTIES agree as follows: Section 1 – Purpose. The purpose of this agreement is to formalize a commitment by the PARTIES to financially support preparation of the ATP Cyle 5 Grant Application. This is a cost-sharing Agreement only, and does not commit any of the PARTIES to any work or resources beyond preparation of the grant application which is due June 15, 2020 and as outlined herein. Section 2 – Administration. This Agreement will be administered by HIGHLAND, by designee of the City Manager. HIGHLAND will manage preparation of the Grant Application and provide progress reports to the other PARTIES. HIGHLAND will retain consultants to provide support data, organize stakeholders, lead public outreach efforts, prepare and submit final grant application documents as required by the grant program, be the single point of contact with the grant program administrator, and be responsible for obtaining and/or submitting all forms, reports, correspondence, etc., either from or to the grant program as may become necessary, and include SAN BERNARDINO and COUNTY in the PROJECT’s development team meetings and related communications on the Grant Application. Section 3 Funding – Each Party hereby commits to provide funding as set forth below: (a) City of Highland $22,500 (b) City of San Bernardino $23,000 (c) County of San Bernardino $4,500 The PARTIES acknowledge that final Grant Application costs may ultimately exceed the current estimate of costs. Any additional administrative cost resulting from PROJECT scope of work changes shall not exceed 10% of the estimate herein, and be borne by each Party in proportion to where the work actually lies (based on jurisdiction). SAN BERNARDINO AND COUTY will pay its proportional share of actual time-and-material of administrative costs within 30 days of invoice receipt, even if grant funding is denied. Section 3 – Termination. Except as set forth above, this Agreement may be terminated or modified only by unanimous written consent of each Party signed hereto. Section 4 – Term of Agreement. This Agreement is effective upon execution of the Agreement by the PARTIES through December 31, 2020. In Witness Whereof, the PARTIES have signed this Agreement as of the day and year written below. City of Highland __________________________________________________________ Joseph Hughes, City Manager Date City of San Bernardino __________________________________________________________ John Valdivia , Mayor Date County of San Bernardino __________________________________________________________ Gerry Newcombe, Director of Public Works Date 11.b Packet Pg. 456 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1A - Agreement [Revision 1] (6707 : Cooperative Agreement with the City of ATTACHMENT “A” PROJECT DESCRIPTION GRANT APPLICATION preparation to the ATP for grant funding to develop the HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR, including meetings, public outreach, data collection, communications, consultations, mapping, exhibits, cost estimating, data analysis, grant writing, submittals, program coordination, and any and all efforts directly related to the HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR GRANT APPLICATION(S). The HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR is intended to close the gaps between the non-motorized transportation networks in the cities of Highland and San Bernardino (see attached Vicinity Map), and will include bikeway and/or sidewalk improvements along the following alignments in the Cities of Highland and San Bernardino and the County of San Bernardino. 1. Northpark Blvd (University Drive to Electric Avenue) 2. Electric Avenue (Northpark Blvd to Mountain View Avenue) 3. Mountain View Avenue (Electric Avenue to Parkdale Drive) 4. Parkdale Drive (Mountain View Avenue to Valencia Avenue) 5. Valencia Avenue (Parkdale Drive to 21st Street) 6. 21st Street (Valencia Avenue to Perris Hill Park Road) 7. Perris Hill Park Road (21st Street to Pacific Street) 8. Pacific Street (Perris Hill Park Road to Del Rosa Drive) 9. Pacific Street (Del Rosa Drive to Boulder Avenue) 10. Del Rosa Drive (3rd Street to Pacific Street) 11. Palm Avenue (Base Line to Piedmont Drive) PROJECT SCOPE The PROJECT involves preparation of a GRANT APPLICATION to the ATP for grant funding to develop the HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR, including: Meetings, public outreach, data collection, communications, consultations, mapping, exhibits, cost estimating, data analysis, grant writing, submittals, program coordination, and any and all efforts directly relatated to the HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR GRANT APPLICATION). AGENCY SHARES BASED ON TOTAL PROJECT COST AGENCY Eligible Project Cost Non-Eligible Pavement Rehab TOTAL COST Total Project Share % COSB 705,979$ 1,972,949$ 2,678,928$ 46.28% SBCo 117,818$ 371,834$ 489,652$ 8.46% COH 461,107$ 2,158,991$ 2,620,098$ 45.26% ATP 11,564,128$ -$ 11,564,128$ TOTALS:12,849,031$ 4,503,774$ 17,352,805$ 11.b Packet Pg. 457 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1A - Agreement [Revision 1] (6707 : Cooperative Agreement with the City of ATTACHMENT “B” PROJECT VICINITY MAP HIGHLAND/SAN BERNARDINO BI-CITY BIKEWAY AND WALKWAY CONNECTOR Legend: Existing/Funded Bikeway Proposed Bikeway/Walkway 11.b Packet Pg. 458 Attachment: PW.Third-Party Coop Agreement for ATP Cycle 5.Att1A - Agreement [Revision 1] (6707 : Cooperative Agreement with the City of Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Resolution to Approve Operation and Maintenance Agreement for Stormwater Treatment Devices Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a Stormwater Treatment Device and Control Measure Access and Maintenance Agreement between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP). Background The San Bernardino County Municipal Separate Storm Sewer System (MS4) Permit requires that post-construction Best Management Practices (BMPs) be implemented for both private and public new development and significant redevelopment projects. To implement this permit requirement, the area-wide MS4 program requires the completion of a Water Quality Management Plan (WQMP) for each project to minimize the potential adverse effects that development projects can have on receiving waters. This may be accomplished through the implementation of site designs that reduce runoff and pollutant transport, by minimizing impervious surfaces, by maximizing onsite infiltration or by implementing other appropriate BMPs. The Southern California Regional Rail Authority (SCRRA) constructed the “First Mile” of the Redlands rail line extension between the existing San Bernardino Santa Fe Depot and “D” Street. Construction of the rail line resulted in the need to alter the existing drainage system layout and construct new drainage system improvements. Due to the storm system upgrades and BMPs implemented, a WQMP maintenance agreement is now required to be finalized and recorded with the County of San Bernardino for the project to meet compliance with the MS4 permit. In March 2018, Operation and Maintenance Agreement 17-1001666 was executed between the City, Omnitrans and SBCTA defining the maintenance roles and responsibilities for the San Bernardino Transit Center, including the maintenance roles and responsibilities for the two (2) BMP vaults, storm drai n inserts and offsite infiltration/detention basins (Devices). The maintenance requirements for the various Devices installed as part of the First Mile project are included in License Agreement 17 - 12 Packet Pg. 459 6722 Page 2 1001639, Cooperative Agreement 04-040, and Operations and Maintenance Agreement 17-1001666. Discussion The proposed Stormwater Treatment Device and Control Measure Access and Maintenance Agreement serves to consolidate, by reference, the roles, maintenance responsibilities and access authorities granted through the previously approved agreements. If approved, this Agreement will be recorded with the County of San Bernardino and will serve to meet the WQMP requirement for the project. The previously approved agreements are incorporated as exhibits into the propos ed Stormwater Treatment Device and Control Measure Access and Maintenance Agreement. 2020-25 Key Strategic Targets and Goals Approval of this WQMP maintenance agreement aligns with Key Target No. 1d: Minimize risk and litigation exposure as it established the operating and maintenance agreement necessary for project compliance with the WQMP requirement. Fiscal Impact There is no General Fund Impact. Costs associated with ongoing maintenance of this section of the storm drain system are minor and will be absorbed in approved Public Works Storm Drain Division operating budgets. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a Stormwater Treatment Device and Control Measure Access and Maintenance Agreement between the City and San Bernardino County Transportation Authority (SBCTA). Attachments Attachment 1 Resolution 2020-114; Exhibit A - Stormwater Treatment Device and Control Measure Access and Maintenance Agreement; Exhibit B - Plats and Legal; Exhibit C- BMP Layout; Exhibit D - License Agreement 17- 1001639; Exhibit E - Amendment No. 6 to Cooperative Agreement 04 - 040; Exhibit F - Operations and Maintenance Agreement 17-100166 Ward: 2 Synopsis of Previous Council Actions: 7/10/2000 Mayor and City Council allocated $150,000 for Metrolink at grade crossing at 2nd, 3rd, “E”, and “G” Streets, and $50,000 for “E” Street widening at Metrolink in the 2000/01 Capital Improvement Program (CIP). 11/20/2000 Resolution No. 2000-325 adopted approving Construction and Maintenance Agreement for the Redlands Subdivision “First Mile” Track Construction and Inland Empire Maintenance Facility. 12 Packet Pg. 460 6722 Page 3 12/06/2004 Resolution No. 2004-374 adopted authorizing the execution of Amendment No. 1 to Construction and Maintenance Agreement between the City of San Bernardino and the Southern California Regional Rail authority (SCRRA) to construct the Redlands Subdivision “First Mile” Improvements. 12/19/2005 Resolution No. 2005-421 adopted authorizing the execution of a License Agreement with SANBAG for the operation and maintenance for storm drain installed in the Redlands Subdivision “First Mile” railroad right-of- way. 7/19/2017 Resolution No. 17-1001639 adopted authorizing the execution of a license Agreement with SBCTA adopting new layout and SBCTA Administrative Fee. 5/6/2020 Resolution No. 2020-85 adopted approving Amendment No. 1 to License Agreement 17-1001639 with the San Bernardino County Transportation Authority (SBCTA). 12 Packet Pg. 461 RESOLUTION NO. 2020-114 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY AND SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) WHEREAS, at the time of approval of SBCTA’s development project commonly known as Downtown San Bernardino Passenger Rail Project (the “Project”), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff; and WHEREAS, SBCTA and City have chosen to install stormwater filter vaults, drain inserts and an infiltration/detention basin (the “Devices”) to minimize pollutants in urban stormwater runoff; and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City and require periodic and continuous maintenance to assure proper performance; and WHEREAS, SBCTA and City are also aware that such maintenance activity will require compliance with all Federal, State and local laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs; and WHEREAS, California Regional Water Quality Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036) San Bernardino County Municipal Separate Storm Sewer System (MS4) Permit and San Bernardino Municipal Code Section 8.80.208 requires this Stormwater Treatment Device and Control Measure Access and Maintenance Agreement BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute the Stormwater Treatment Device and Control Measure Access and Maintenance Agreement, incorporated herein as Exhibit A, and direct City Staff to submit an approved copy to SBCTA representatives in accordance with the requirements of the Agreement. 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 12.a Packet Pg. 462 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHMENT 1 RESOLUTION KJ [Revision 1] (6722 : Resolution to Approve Operation and Resolution No. 2020-114 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 Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney 12.a Packet Pg. 463 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHMENT 1 RESOLUTION KJ [Revision 1] (6722 : Resolution to Approve Operation and Resolution No. 2020-114 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 12.a Packet Pg. 464 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHMENT 1 RESOLUTION KJ [Revision 1] (6722 : Resolution to Approve Operation and SBCTA Agreement No. 19-1002074 RECORDING REQUESTED BY: City of San Bernardino WHEN RECORDED RETURN TO: City of San Bernardino Public Works Department 2RD FLOOR 201 North “E” Street San Bernardino, CA 92401 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY AGREEMENT STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Owner: San Bernardino County Transportation Authority Tract No.: Not Applicable APN: See Exhibit ___ Address: 1170 West 3rd Street, San Bernardino, CA 92410 Owner: City of San Bernardino Tract No.: Not Applicable______________ APN: See Exhibit Address: 201 North “E” Street, San Bernardino, CA 92401 THIS AGREEMENT is made and entered into this ___ day of _____, 2020, between the City of San Bernardino, a Charter City and municipal corporation, (“City”) and San Bernardino County Transportation Authority (“SBCTA”). SBCTA and the City are sometimes each individually referred to herein as a “Party” and, collectively, as the “Parties.” RECITALS WHEREAS, SBCTA and the City own that certain real property in the City more specifically described in Exhibit “A” (“Property”) which is attached hereto and incorporated herein by this reference; and WHEREAS, at the time of approval of SBCTA’s development project commonly known as Downtown San Bernardino Passenger Rail Project (the “Project”), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff; and WHEREAS, SBCTA and City have chosen to install stormwater filter vaults, drain inserts and an infiltration/detention basin (the “Devices”) to minimize pollutants in urban stormwater runoff; and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City and are specifically depicted in Exhibit “B,” which is attached hereto and incorporated herein by this reference; and WHEREAS, the SBCTA and City are aware that periodic and continuous maintenance of the Devices is required to assure proper performance of the Devices, including, but not necessarily limited 12.b Packet Pg. 465 Attachment: PW.SBCTA AGREEMENT AMEND ATTACHMENT 2 WQMP-STORMWATER TREATMENT DEVICE AND CONTROL MEASURE SBCTA Agreement No. 19-1002074 to, filter material replacement and sediment removal as specified in the Project’s Water Quality Management Plan on file with the City; and WHEREAS, SBCTA and City are also aware that such maintenance activity will require compliance with all Federal, State and local laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs; and WHEREAS, California Regional Water Quality Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036) San Bernardino County Municipal Separate Storm Sewer System (MS4) Permit and San Bernardino Municipal Code Section 8.80.208 requires this Stormwater Treatment Device and Control Measure Access and Maintenance Agreement; and WHEREAS, the City and SBCTA entered into a License Agreement 17-1001639 on January 17, 2018, by which SBCTA permitted City to construct and maintain the storm drain line and related appurtenances (drain inserts) in the railroad corridor from mile post 0.1 to 1.16; said license agreement is included as Exhibit “C” which is attached hereto and incorporated herein by this reference; and WHEREAS, on March 21, 2018, the City and SBCTA entered into Amendment No. 6, effective April 21, 2018, to Cooperative Agreement 04-040 (specifying roles and responsibilities for provision of maintenance and security at the Santa Fe Depot Commuter Rail Station), modifying the maintenance roles and responsibilities for additional improvements to the Santa Fe Depot Commuter Rail Station, including additional maintenance responsibilities for the stormwater treatment devices (storm filter vaults) installed at the Santa Fe Depot. Amendment 6 is attached as Exhibit “D” and incorporated herein by this reference; and WHEREAS, the City, Omnitrans and SBCTA entered into an Operations and Maintenance Agreement 17-1001666, as of March 21, 2018, defining the maintenance roles and responsibilities for the San Bernardino Transit Center, including the maintenance roles and responsibilities for the offsite infiltration/detention basin; said agreement is included as Exhibit “E,” which is attached hereto and incorporated herein by this reference; NOW, THEREFORE, in consideration of the City’s approval of the Project and the mutual promises contained herein, the City of San Bernardino and SBCTA agree as follows: AGREEMENT 1. The City and its designees require access to the Devices and SBCTA’s Property in the immediate vicinity of the Devices for the purpose of inspecting, sampling and testing of the Devices, and in cases of emergency, to undertake all necessary repairs or other preventative measures. The City shall make every effort at all times to minimize or avoid interference with SBCTA’s use of the Property when undertaking such inspections and repairs. Access to such Devices and Property shall be granted in accordance with License Agreement 17-1001639, Cooperative Agreement 04-040, or Operations and Maintenance Agreement 17-1001666, as applicable. 2. The maintenance requirements for the various Devices installed as part of the Downtown San Bernardino Passenger Rail Project are included in the License Agreement 17-1001639, Cooperative Agreement 04-040, or Operations and Maintenance Agreement 17-1001666. Maintenance of the Devices shall be undertaken in accordance with such requirements. 12.b Packet Pg. 466 Attachment: PW.SBCTA AGREEMENT AMEND ATTACHMENT 2 WQMP-STORMWATER TREATMENT DEVICE AND CONTROL MEASURE SBCTA Agreement No. 19-1002074 3. Pursuant to MS4 Permit Provision C.3.h.ii.(1)(d), SBCTA shall record this Agreement or a notice or memorandum of this Agreement in the Official Records of the County of San Bernardino at SBCTA’s expense, and such recording shall constitute notice to all successors and assigns to the title to the Property of the obligations herein set forth. 4. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees. The costs, salary and expenses of the City or SBCTA Attorney and members of his/her office in enforcing this Agreement on behalf of the City or SBCTA shall be considered “attorney’s fees” for the purposes of this Agreement. 5. It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute equitable servitudes that run with the Property and shall be binding upon future owners of all or any portion of the Property. Any Party’s liability hereunder shall terminate at the time its ownership interest is terminated, except for obligations which accrue prior to the date of transfer by such owner, which shall remain the personal obligation of such owner. 6. Time is of the essence in the performance of this Agreement. 7. Any notice to a Party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A Party may change notice address only by providing written notice thereof to the other Party. CITY SBCTA Public Works Director Director, Transit and Rail City of San Bernardino San Bernardino County Transportation Authority 201 North “E” Street 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92401 San Bernardino, CA 92410-1715 8. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal proceeding to enforce or interpret this Agreement or any of its provisions shall be filed in the San Bernardino County Superior Court. 9. Any amendment to this Agreement shall be valid only if in writing and approved by the Public Works Director of the City and signed by the City and the SBCTA. ------------------------------SIGNATURES ON THE FOLLOW ING PAGES------------------------ 12.b Packet Pg. 467 Attachment: PW.SBCTA AGREEMENT AMEND ATTACHMENT 2 WQMP-STORMWATER TREATMENT DEVICE AND CONTROL MEASURE SBCTA Agreement No. 19-1002074 IN W ITNESS W EHEREOF, the parties hereto have executed this Agreement as of the date(s) set forth below next to their respective signatures. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: ___________________________ Raymond Wolfe, PhD Executive Director Date: __________________________ CITY OF SAN BERNARDINO By: ___________________________ John Valdivia Mayor Date: ___________________________ APPROVED AS TO FORM By: ________________________ Julianna K. Tillquist General Counsel Date: ___________________________ APPROVED AS TO FORM By: ________________________ Sonia R. Carvalho City Attorney Date: ___________________________ 12.b Packet Pg. 468 Attachment: PW.SBCTA AGREEMENT AMEND ATTACHMENT 2 WQMP-STORMWATER TREATMENT DEVICE AND CONTROL MEASURE 12.c Packet Pg. 469 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 470 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 471 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 472 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 473 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 474 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 475 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 476 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 477 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 478 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 479 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 480 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 481 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 482 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 483 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 484 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 485 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 486 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 487 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 488 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 489 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 490 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 491 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 492 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 493 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 494 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 495 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 496 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 497 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 498 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 499 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 500 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 501 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 502 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 503 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 504 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 505 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 506 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 507 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.c Packet Pg. 508 Attachment: PW.SBCTA AGREEMENTAMEND. ATTACHMENT 3 EXHIBIT A PLATS AND LEGALS (6722 : Resolution to Approve Operation and 12.d Packet Pg. 509 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 510 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 511 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 512 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 513 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 514 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 515 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 516 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 517 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 518 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 519 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 520 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 521 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 522 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 523 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.d Packet Pg. 524 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 4 EXHIBIT B BMP LAYOUT (6722 : Resolution to Approve Operation and 12.e Packet Pg. 525 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 526 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 527 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 528 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 529 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 530 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 531 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 532 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 533 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 534 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 535 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 536 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 537 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 538 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 539 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 540 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 541 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 542 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 543 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 544 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 545 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 546 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 547 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 548 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 549 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 550 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 551 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 552 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 553 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 554 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 555 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 556 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 557 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 558 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 559 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 560 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 561 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 562 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 563 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 564 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 565 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 566 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 567 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 568 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 569 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 570 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 571 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 572 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 573 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 574 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 575 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 576 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 577 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 578 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 579 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 580 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 581 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 582 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 583 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 584 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 585 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 586 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 587 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 588 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 589 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 590 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 591 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 592 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 593 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 594 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.e Packet Pg. 595 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 5 EXHIBIT C LICENSE AGREEMENT 17-1001639 ) (6722 : Resolution to 12.f Packet Pg. 596 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 597 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 598 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 599 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 600 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 601 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 602 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 603 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 604 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 605 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 606 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 607 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 608 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 609 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 610 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 611 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 612 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 613 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 614 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 615 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 616 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 617 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 618 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 619 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 620 Attachment: PW.SBCTA AGREEMENT AMEND. ATTACHEMENT 6 EXHIBIT D AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 12.f Packet Pg. 621 Attachment: PW.SBCTA AGREEMENT AMEND. 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ATTACHEMENT 7 EXHIBIT E OPERATIONS AND MAINTENANCE AGREEMENT 17-100166 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I Local Expenditures Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-115, approving the Revised Measure I Five-Year Capital Improvement Plan for FY 2019/20 through FY 2023/24 and Measure I Expenditure Strategy and acknowledging that the City will maintain the base year level of expenditures in the amount of $1,075,643 from the General Fund to meet required Maintenance of Effort (MOE) expenditures in FY 2019/20. Background In November 1989, voters approved Measure I authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one -half of one percent retail transaction and use-tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990, and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure 1). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040. To distinguish the two programs, they are being referenced as Measure I 1990-2010 and Measure I 2010-2040. On July 17, 2019, the Mayor and City Council adopted Resolution No. 20198 -172 approving a Five-Year Capital Improvement Program (FY2019-2024) for Measure I (MICIP). This program identified the projects, estimated Measure I expenditures, and provided brief descriptions of projects and programs to be undertaken with the Measure I funding. Approval of the CIP program is an administrative requirement for both the original and subsequent voter approved measures. Following approval of the MICIP in 2019, staff began initiating work on many of the projects. As projects have progressed, required f unding has been revised based on project needs. Over the course of the fiscal year, a number of additional Measure I funded projects have been approved by the Mayor and City Council and added to the City's Capital Improvement Plan. Staff is now requesting to update the MICIP to accurately reflect the projects approved throughout the year. All revisions to the MICIP must also be approved by the Mayor and City Council prior to submission to 13 Packet Pg. 684 6727 Page 2 SBCTA. Discussion City staff is recommending approval of the revis ed Five-Year Capital Improvement Program (FY 2019-2024) for Measure I (Attachment 2). The projects shown in the revised five years of the MICIP reflect the projects and the revised Capital Improvement Program budget. Only projects in the first year of the budget are actually funded in FY 2019/20. The City is projected to receive $3,941,963 in Measure I pass thru funds for FY 2019/20. Exhibit A reflects revisions to the allocation of Measure I funds within the City's Capital Improvement Budget. The proposed projects were selected based upon need and importance to the City's roadway network and are consistent with the approved Capital Improvement Program and the Public Works Department Work Plan. Changes to the MICIP during the year are permitted, subject to approval of plan amendments authorized by resolution of the Mayor and City Council. SBCTA also requires the local agencies to provide an "Expenditure Strategy". A copy of the Expenditure Strategy Document for FY 2019/20 is attached as Attachment 4. Sta ff is recommending approval of the revised Five -Year MICIP for FY 2019-2024. In addition to obtaining approval for FY 2019/20 MICIP revisions, the proposed Resolution includes language asserting that the City of San Bernardino will meet its base year level Maintenance of Effort for FY 2019/20. Pursuant to Policy VLS -25 of the Measure I Strategic Plan, jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five Year CIP that acknowledges the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required levels to meet base year level in that fiscal year. While the City is well on track to meet the FY 2019/20 MOE of $1,075,643, the languag e was not included in the original resolution. Staff is recommending that it be included in the proposed Resolution to meet compliance for FY 2019/20. This MOE language will also be incorporated into any future year resolution for adoption of Measure I CIP plans. 2020-2025 Key Strategic Targets and Goals The revision of the Measure I Five-year CIP is consistent with Key Target No 1e: Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in the current fiscal year. Fiscal Impact There is no fiscal impact associated with approval of this item. The projects listed in the revised Five-Year MICIP (FY 2019-2024) for Measure I Local Expenditures have previously been approved, and their respective funding sources identified, in the City's Capital Improvement Program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-115 approving the Revised Measure I Five-Year 13 Packet Pg. 685 6727 Page 3 Capital Improvement Plan for FY 2019/20 through FY 2023/24 and Measure I Expenditure Strategy and acknowledging that the City will maintain the base year level of expenditures in the amount of $1,075,643 from the General Fund to meet required Maintenance of Effort (MOE) expenditures in FY 2019/20. Attachments Attachment 1 Resolution No. 2020-115 Attachment 2 FY 2019-2024 Revised MICIP Report San Bernardino Attachment 3 Location Map Attachment 4 Resolution 2019-172 Attachment 5 5-Yr CIP Measure I Expenditure Strategy 2019-2024 Ward: All Synopsis of Previous Council Actions: 11/05/12 Resolution No. 2012-258 adopted the Five-Year Measure I Capital Improvement Program for FY 2012-2017. 10/21/13 Resolution No. 2013-296 adopted the Five-Year Measure I Capital Improvement Program for FY 2013-2018. 10/20/14 Resolution No. 2014-374 adopted the Five-Year Measure I Capital Improvement Program for FY 2014-2019. 12/07/15 Resolution No. 2015-273 adopted the Five-Year Measure I Capital Improvement Program for FY 2015-2020. 03/20/17 Resolution No. 2017-047 adopted the Five-Year Measure I Capital Improvement Program for FY 2016-2021. 02/07/18 Resolution No. 2018- 031adopted the Five-Year Measure I Capital Improvement Program for FY 2017-2022. 08/15/18 Resolution No. 2018- 235 adopted the Five-Year Measure I Capital Improvement Program for FY 2018-2023. 06/05/19 Resolution No. 2019- 083 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2018-2023. 07/17/19 Resolution No. 2019- 172 adopted the Five-Year Measure I Capital Improvement Program for FY 2019-2024. 13 Packet Pg. 686 RESOLUTION NO. 2020-115 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE REVISED MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2019/20 THROUGH FY 2023/24 AND MEASURE I EXPENDITURE STRATEGY AND ACKNOWLEDGING THAT THE CITY WILL MAINTAIN THE BASE YEAR LEVEL OF EXPENDITURES IN THE AMOUNT OF $1,075,643 FROM THE GENERAL FUND TO MEET REQUIRED MAINTENANCE OF EFFORT (MOE) EXPENDITURES IN FY 2019/2020 WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and WHEREAS, On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-172 approving the Measure I Five Year Capital Improvement Plan (MICIP) for FY 2019/20 Thru FY 2023/24, Measure I Expenditure Strategy; and WHEREAS, the City now wishes to revise the MICIP for FY2019/20 projects to reflect the current priority of use for Measure I funding; and WHEREAS, in compliance with Policy VLS-25 of the Measure I Strategic Plan, the City hereby acknowledges that it will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort (MOE) base year level established in the amount of $1,075,643 for FY2019/20. 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. 13.a Packet Pg. 687 Attachment: PW. 2019-2024 Rivised MICIP.01-Attachment 1-Resolution [Revision 2] (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Resolution No. _XX__ SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves the Revised Five-Year Capital Improvement Program (FY 2019-2024) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Attachment 2. SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Attachment 5. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity i s 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 13.a Packet Pg. 688 Attachment: PW. 2019-2024 Rivised MICIP.01-Attachment 1-Resolution [Revision 2] (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Resolution No. _XX__ 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. 689 Attachment: PW. 2019-2024 Rivised MICIP.01-Attachment 1-Resolution [Revision 2] (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for 13.bPacket Pg. 690Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet Pg. 691 Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet Pg. 692 Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet Pg. 693 Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet Pg. 694 Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet 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MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet Pg. 702 Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.b Packet Pg. 703 Attachment: PW.2019-2014 Revised MICIP.02.MICIP Report San bernardino-Attachment 2 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.c Packet Pg. 704 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I 13.c Packet Pg. 705 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I 13.c Packet Pg. 706 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I 13.c Packet Pg. 707 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised 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Packet Pg. 714 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I 13.c Packet Pg. 715 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I 13.c Packet Pg. 716 Attachment: PW.2019-2024 Revised MICIP.03- Attachment -Location Map (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Measure I 13.d Packet Pg. 717 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 718 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 719 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 720 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 721 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 722 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 723 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 724 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 725 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 726 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 727 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 728 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 729 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 730 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 731 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 732 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 733 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 734 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 735 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 736 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 737 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 738 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 739 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 740 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 741 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 742 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 743 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 744 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 745 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) 13.d Packet Pg. 746 Attachment: PW.2019-2024 Revised MICIP.04-Attachment 3-Council Resolution 2019-172 (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) CITY OF SAN BERNARDINO REVISED MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2019/2020 to 2023/2024 The Cit y of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadwa y s ystem. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand and intersection capacity will be improved with new and modified traffic signals. In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities. Maintenance work will continue to include the Cit y's traffic signal systems, sidewalk and curb repair, and pavement repair and overla y on the local street system. 13.e Packet Pg. 747 Attachment: PW.2019-2024 Revised MICIP.05. 4-Attachment 5Yr Expenditure Strategy (6727 : Revised Five-Year CIP (FYI 2019/20 to 2023/24) for Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Purchase and Sale Agreement for 337 & 339 West 40TH Street Recommendation Adopt Resolution No. 2020-117 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at 337 & 339 West 40th Street. Background This project consists of the widening of West 40th Street from Johnson Street to Electric Avenue to provide two through lanes in each direction and a two -way left-turn lane (Attachment 2 - Location Map). The project includes right-of-way (ROW) acquisition, undergrounding overhead utility lines, pavement widening, pavement rehabilitation, signing and striping. On July 19, 2017, the Mayor and City Council adopted Reso lution No. 2017-131 approving an agreement with Engineering Resources of Southern California, Inc. to provide environmental and civil engineering design for the widening of West 40th Street from Johnson Street to Electric Avenue. Design and right-of-way acquisition for the widening of West 40th Street from Johnson Street to Electric Avenue was approved as part of the FY 18/19 Capital Improvement Program. The environmental component of the project was completed on April 24, 2018, and the Plans Specifications & Estimate (PS&E) are 95% completed. As part of the PS&E, Engineering Resources of Southern California, Inc., was required to identify necessary ROW , full and partial takes for this project. A total of 15 parcels were identified to complete this project. On September 5, 2018, the Mayor and City Council adopted Resolution No. 2018 -248 approving an agreement with Paragon Partners, Ltd to acquire the right -of-way for this project Discussion The subject property, located at 337 & 339 West 40th Street, S an Bernardino, California (Property), consists of approximately 24,832 square feet of land and is improved with 14 Packet Pg. 748 6729 Page 2 two single-family residences and a single tenant retail tenant, 664, 520, and 875 square feet in size respectively. A small portion of the prope rty is required for the construction of the City's capital improvement project West 40th Street Widening from Johnson Street to Electric Avenue (Project). The Project requires acquisition of a permanent easement for roadway purposes, approximately 2,919 square feet in size, from the subject property. Valbridge Property Advisors completed an appraisal report dated January 31, 2019, which established the Fair Market Value of the permanent easement at $200,250, which includes compensation for site improvements and severance damages. On June 17, 2019, The City of San Bernardino (City) approved the amount of just compensation and authorized the initiation of formal negotiations to acquire the permanent easement. On June 27, 2019, a written offer to purchase in the amount of $200,250 was presented to the property owner, Bryan Henley (Owner). Per the construction plans, the Project will require the removal of the property’s site improvements, including a portion of the asphalt-paved parking lot (five parking spaces), one large tree, an 8” concrete block wall, and a portion of concrete and asphalt -paved driveways. Additionally, acquisition of the permanent roadway easement will require the demolition of the 520 square foot single-family house located on the property in order to allow for replacement of the five parking spaces located within the permanent easement area. Demolition of the single-family home will result in the loss in value to the remainder property. The Owner reviewed the offer and appraisal and contested that the offer did not adequately compensate for the loss of value associated with the demolition of the single-family house located on the property. Moreover, the Owner contended that real estate values for similar homes in the area have increased since the appraisal’s date of value. Lastly, the owner provided a lease agreement for the 520 square foot house on the property, which illustrated an increase in the monthly rent from $800 to $1,000 since the appraisal was completed. As expressed by the owner, the house was re-leased to a new tenant upon expiration of the former tenant’s lease agreement. Based upon the change in market conditions, the owner presented staff with a counter offer in the amount of $250,000. Staff consulted with Valbridge Property Advisors to evaluate the effect on the just compensation amount associated with the increase in rental income for the 520 square foot house. It was determined that the increase in the rental income equated to an equivalent increase in valuation of $40,000; suggesting a counter offer in the amount of $240,000. In response, staff prepared the attached Purchase and Sale Agreement (Agreement) and presented it to the owner on December 30, 2019; which was reviewed, accepted, and signed by the owner. Additionally, the owner is waiving his rights to reimbursement of up to $5,000 for an independent appraisal. Paragon Partners has reviewed the owner’s counter offer in the amount of $240,000 for the permanent easement and believes the counter offer to be fair and reasonable, and in the public’s best interest. 14 Packet Pg. 749 6729 Page 3 Staff recommends that the City of San Bernardino approve an administrative settlement in the amount of $240,000 and proceed with consummating the Agreement attached hereto. Upon the City’s review, approval and signature of the Agreement, Staff will forward it to First American Title and Escrow Company, which will commence the escrow period for acquisition of the property rights required for the Project. 2020-2025 Key Strategic Targets and Goals Purchase of this property aligns with Key Target No. 1e: Create an asset management plan as it will allow the City to acquire right-of-way needed to move forward with implementation of the West 40th Street Widening project as identified in the City’s 5 - year Capital Improvement Plan. Fiscal Impact This project is being reimbursed by the San Bernardino County Transportation Authority (SBCTA) as part of the Valley Major Street Program. The West 40th Street widening project is one of the four projects in the City of San Bernardino approved for reimbursement under the Valley Major Street Program under the City’s Capital Project Needs Assessment (CPNA). The reimbursement rate is 67.6%. Regional Circulation DIF funding in the amount of $3,122,206.09 was previously a pproved by the Mayor and City Council for the West 40th Street Widening From Johnson Street to Electric Avenue (account 264-160-7160-5504) and $2,623,840 is available for this project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction to staff regarding the right -of-way acquisition for West 40th Street Widening (“Project”) and adopt Resolution No. 2020 -117 authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at 337 & 339 W. West 40th Street . Attachments Attachment 1 Resolution; Exhibit ‘A’ - Sale Agreement Attachment 2 Location Map Ward: 4 Synopsis of Previous Council Actions: July 19, 2017 Mayor and City Council adopted Resolution No. 2017-131 approving an agreement with Engineering Resources of Southern California, Inc to provide environmental and civil engineering design. March 21, 2018 Mayor and City Council adopted Resolution No. 2 018-75 approving a Mitigated Negative Declaration (MND), adopting a Mitigation Monitoring and Reporting Program (MMRP), and authorizing the Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of 14 Packet Pg. 750 6729 Page 4 San Bernardino County for the widening of West 40th Street from Johnson Street to Electric Avenue. September 5, 2018 Mayor and City Council adopted Resolution No. 2018-248 approving an agreement with Paragon Partners, Ltd to provide right-of-way acquisition services. 14 Packet Pg. 751 RESOLUTION NO. 2020-117 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL PURCHASE AND SALE AGREEMENT WITH BRYAN HENLEY AND SHARLAND L. HENLEY FOR THE PROPERTY LOCATED AT 337 & 339 WEST 40TH STREET WHEREAS, pursuant to the street widening project of 40th street between Johnson street and Electric Avenue, the City of San Bernardino requires the a small portion of the property located at 337 & 339 W 40th Street; and WHEREAS, the parcels to be acquired are known as Assessor’s Parcel 0271-051-11 and 0271-051-12 and is more fully described in Exhibit “A”, attached hereto and made a part hereof; and WHEREAS, on July 19, 2017, the Mayor and City Council adopted Resolution No. 2017-131 approving an agreement with Engineering Resources of Southern California, Inc. to provide environmental and civil engineering design for the widening of 40th Street from Johnson Street to Electric Avenue (SS04-014); and WHEREAS, on September 5, 2018, the Mayor and City Council adopted Resolution No. 2018-248 approving an agreement with Paragon Partners, Ltd to provide Right-of-Way Acquisition Services for the widening of 40th Street from Johnson Street and Electric Avenue (SS04-014); and WHEREAS, the City and property owner have reached an agreement on the terms and purchase price for parcels to be. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or her designee is hereby authorized and directed on behalf of the City of San Bernardino to execute the Partial Fee Acquisition Purchase and Sale Agreement and Joint Escrow Instructions to conclude the purchase of said parcels for the amount of $240,000 attached hereto as Exhibit A. SECTION 3. That the City Council finds that a Mitigated Negative Declaration (MND) was adopted for this project satisfying the requirements of the California Environmental Quality Act (CEQA), and the actions contemplated by this Resolution are within scope of the previously adopted MND. 14.a Packet Pg. 752 Attachment: PW.Purchase ansd Sale Agreement 337 & 339 W 40th Street.01.Attachment 1.Resolution (6729 : Purchase and Sale Agreement for Resolution No. 2020-XX 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 14.a Packet Pg. 753 Attachment: PW.Purchase ansd Sale Agreement 337 & 339 W 40th Street.01.Attachment 1.Resolution (6729 : Purchase and Sale Agreement for Resolution No. 2020-XX 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 this ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk 14.a Packet Pg. 754 Attachment: PW.Purchase ansd Sale Agreement 337 & 339 W 40th Street.01.Attachment 1.Resolution (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 755 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 756 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 757 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 758 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 759 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 760 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 761 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 762 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 763 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 764 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 765 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 766 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 767 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 768 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 769 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 770 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 771 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 772 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 773 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 774 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 775 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 776 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 777 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 778 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 779 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 780 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 781 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 782 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 783 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 784 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 785 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 786 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 787 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 788 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 789 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 790 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 791 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 792 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 793 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 794 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 795 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for 14.b Packet Pg. 796 Attachment: PW.Purchase and Sale Agreement 337 & 339 W 40th Street.01A. Exhibit A.Agreement (6729 : Purchase and Sale Agreement for Location Map 337 – 339 40 th Street , San Bernardino, CA. Property Location 14.c Packet Pg. 797 Attachment: PW.Purchase and sale Agreement 337 & 339 W 40th Street.02.Attachment 2.Location Map Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions Recommendation Adopt Resolution No. 2020-118 of the Mayor and City Council of the City of San Bernardino, California, rejecting all bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations ("Project"). Background The Department of Public Works is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public s treets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with RSL between 20 and 10 are usually mai ntained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with RSL less than 5 require complete removal and replacement. As part of the FY 2019/20 budget preparation process staff used information from the existing Pavement Management Analysis to identify 11 street segments with RSLs between 4 and 10. Staff performed field reviews of these segments and determined them to be eligible for restoration through installation of asphalt concrete cap or mill and overlay, with some failed areas to be completely removed and replaced. On June 19, 2019, the Mayor and City Council approved Resolution No. 2019 -168 adopting the City’s Annual Operating Budget and Capital Improvement Program (CIP) for Fiscal Year 2019/20. The CIP included each of the 11 pavement rehabilitation locations, and listed them as separate projects. The 11 segments included in the CIP are shown in the table below. Street Segment 1. Crestview Avenue between East Baseline Street and 20th Street 2. Electric Avenue between 48th Street to Cul-De-Sac and Bartlett Drive 15 Packet Pg. 798 6740 Page 2 3. Mt. Vernon Avenue between 17th Street and Reece Street 4. Commercenter Drive West Between Hospitality Lane and the North Cul-de-Sec; Hospitality Lane to Business Center Drive; East Airport Drive to Commercenter Drive East 5. Highland Avenue between Valencia Avenue and Cedar Street 6. Little Mountain Drive between 48th Street to Sundance Drive 7. Arden Avenue between Pacific Street and Highland Creek 8. Victoria Avenue between 800 ft. East of Tippecanoe Avenue and Richardson St 9. 7th Street between Waterman Avenue and Sierra Way 10. 5th Street between E Street and F Street 11. Industrial Road between Waterman Avenue and Steele Road Discussion In an effort to get the most work benefit with the funding available, staff recently bid these projects together as Pavement Rehabilitation of Eleven Locations (“Project”). Special Provisions No. 13400 for the Project was advertised for public bidding on April 17, 2020 and April 24, 2020, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s web sites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on May 14, 2020. The lowest apparent bidder was Matich Cooperation of San Bernardino, California, with a bid of $5,130,000. This amount is significantly above the Engineer’s overall estimate and the available funding of $4,200,000 for the Project. At this time, staff recommends that the City reject all bids submitted for the Project to allow staff to reevaluate the scope of work. While the proposed project work is necessary, it is not of an emergent nature and may be delayed for a short period without consequences. Public Code Section 20166 establishes that the Mayor and City Council have the authority to reject all bids and the notice inviting bids. The specifications for the Project reiterate the same authority. Staff has already begun to reevaluate the project and scope of work, and anticipates re-advertising the Project with modifications in the upcoming weeks. 2020-2025 Key Strategic Key Targets and Goals Rejection of the bids is consistent with Key Target No. 1c: Financial Stability - Create a framework for spending decisions, as it will allow staff to revisit the elements of the project and evaluate alternatives that may be more in line with available funding. Fiscal Impact There is no fiscal impact associated with rejection of these bids. 15 Packet Pg. 799 6740 Page 3 Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2020 -118, rejecting all bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations ("Project"). Attachments Attachment 1 Resolution Rejecting Bids for Pavement Rehabilitation at Eleven Locations Attachment 2 Location Maps Wards: 1, 2,3,5,6 Synopsis of Previous Council Actions: June 19, 2019 Resolution No. 2019-168 of the Mayor and City Council was adopted, approving the City of San Bernardino’s Operating Budget and Capital Improvement Program for FY 2019/20. 15 Packet Pg. 800 RESOLUTION NO. 2020-118 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REJECTING BIDS FOR SPECIAL PROVISIONS NO. 13400 - PAVEMENT REHABILITATION AT ELEVEN LOCATIONS (“PROJECT”) WHEREAS, the City is responsible for the ongoing maintenance and repair of streets Citywide; and WHEREAS, the City previously approved funding in the total amount of $4,200,00 in the City’s Capital Improvement plan for pavement rehabilitation at 11 project sites; and WHEREAS, plans and specifications (Special Provision No. 13400 - Pavement Rehabilitation at Eleven Locations “Project”) ) were released for bid on April 17, 2020 soliciting bids for the 11 project sites as a single collective project; and WHEREAS, sealed bids were received from six bidders on May 14, 2020; and WHEREAS, the cost submittals resulting from the solicitation far exceed the available Project funding available. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or her designee is hereby authorized and directed to reject all bids for project entitled “Pavement Rehabilitation at Eleven Locations”, Special Provisions No. 13400 pursuant to California Public Contract Code Section 20166 and San Bernardino Municipal Code Section 3.04.070(E). SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. 15.a Packet Pg. 801 Attachment: PW.Bid Rejection Street Rehabilitation at 11 Locations.01.Resolutoion.Attachment 1.doc [Revision 1] (6740 : Resolution Rejecting Resolution No. 2020-118 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 15.a Packet Pg. 802 Attachment: PW.Bid Rejection Street Rehabilitation at 11 Locations.01.Resolutoion.Attachment 1.doc [Revision 1] (6740 : Resolution Rejecting Resolution No. 2020-118 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 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. 803 Attachment: PW.Bid Rejection Street Rehabilitation at 11 Locations.01.Resolutoion.Attachment 1.doc [Revision 1] (6740 : Resolution Rejecting ATTACHMENT NO. 4 LOCATION MAP Crestview Avenue between East Baseline St. and 20th St. Electric Ave. between 48th St. to Cul-De-Sac and Bartlett Dr. 15.b Packet Pg. 804 Attachment: PW.Bid Rejection Maps [Revision 1] (6740 : Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions) Mt. Vernon Avenue between 17th Street and Reece Street Commercenter Drive West 15.b Packet Pg. 805 Attachment: PW.Bid Rejection Maps [Revision 1] (6740 : Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions) Highland Avenue between Valencia Avenue and Cedar Street Little Mountain Drive between 40th Street to Sundance Drive 15.b Packet Pg. 806 Attachment: PW.Bid Rejection Maps [Revision 1] (6740 : Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions) Arden Avenue between Pacific Street and Highland Creek Victoria Ave b/w 800 ft. E. of Tippecanoe Ave & Richardson St 15.b Packet Pg. 807 Attachment: PW.Bid Rejection Maps [Revision 1] (6740 : Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions) 5th Street between E Street and F Street 7th Street between Waterman Avenue and Sierra Way 15.b Packet Pg. 808 Attachment: PW.Bid Rejection Maps [Revision 1] (6740 : Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions) Industrial Road between Waterman Avenue and Steele Road 15.b Packet Pg. 809 Attachment: PW.Bid Rejection Maps [Revision 1] (6740 : Resolution Rejecting All Bids for Pavement Rehabilitation at Eleven Loctions) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Public Works Equipment Purchase - Traffic Message Boards Recommendation Adopt Resolution No. 2020-119 of the Mayor and City Council of the City of San Bernardino, California to: 1. Authorize the purchase of four (4) Wanco Mini Three -Line Message Boards from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000; and 2. Authorize the Director of Finance to record a budget adjustment in the amount of $70,000 in Traffic Safety Fund No. 128 for the purchase; and 3. Authorizing the Director of Finance to issue a purchase order in the support of the equipment purchase. Background The Public Works Operations and Maintenance Division is responsible for operating and maintaining City streets, sidewalks, storm water drainage systems, traffic signals, streetlights, urban forestry, Landscape Maintenance Districts (LMDs), parks, medians, and parkways. An essential duty of the Department, while working on the City right -of- way, is to provide adequate traffic control and messaging for public safety. As such, traffic safety message boards, also known as changeable message signs, are critical devices that alert motorists and pedestrians of lane closures, detours, emergency repairs, flooding, striping, and public events. Discussion At this time, the Department has no inventory of traffic safety messaging boards and primarily relies on utilizing temporary signage secured to A -frames. Often, such temporary measures are knocked down by pedestrians, vehicles, or strong winds. With the recent emergency closure of the Warm Creek Bridge on 2nd Street, the use of A- frames did not supply the level of visibility staff felt was needed to warn the motoring public of the closure. In this case, Public Works had to borrow message boards from the Water District, and was only able to use them on a short-term basis. In an effort to make the most effective and best use of limited operational funding, staff 16 Packet Pg. 810 6741 Page 2 inquired on pricing from Wanco, one of the most reputable names in traffic safety message boards. After extensive research, staff identified Wanco’s Mini Three-Line Message Boards as most suitable for the Department’s needs . Wanco provided the attached MSRP quote (Attachment 2) and the contact to Maneri Traffic Control Inc., their largest dealer on the west coast who also provided a substantial price reduction of over 17% (Attachment 3). Both quotes are inclusive of taxes and shipping charges. After a review of quotes, staff has determined that Maneri Traffic Control Inc. provides the best cost benefit to the City. A staff analysis concluded that renting one traffic safety message board could cost between $1,000-1,500 per month, or up to $18,000 a year. Due to the high cost of just one rental, the recommended purchase will result in long-term savings for the City. The table below shows this comparison and the proposed savings over a five year period to purchase, versus rent, four message boards. *Assuming a 5% per year rent escalation factor As shown above, purchasing the recommended four (4) traffic safety message boards are estimated to provide a savings of $327,516 over five years as compared to renting the same units. At this time, staff has identified the Wanco equipment as the best fit for the City’s traffic safety messaging needs and in particular, Wanco’s Mini Three -Line Message Boards. Each solar powered device includes back-up batteries for several days of consecutive use, and a five year warranty. The recommended equipment includes full-size three-line messages with up to eight alphanumeric characters per line, clear ultra -bright LEDs, and are secured to a mini trailer for ultimate maneuverability and deployment. 2020-2025 Key Strategic Targets and Goals The purchase of the four traffic safety message boards are in alignment with Key Target No. 1: Financial Stability - This purchase is fiscally responsible as it eliminates the need to consider expensive rental costs. It further supports the objective of m inimizing risk and litigation exposure by providing the latest safety features for our crews (interal risk) and maximizing public awareness (external risk) which ultimately reduces damage claims, Key Target No. 2: Focused, Aligned Leadership, and Unified Community - This purchase provides the City more options to message to motorists and pedestrians regarding public events, emergency information, and overall safety. In addition, purchasing proper tools and safety equipment builds an organizational culture that attracts, retains, and motivates the highest quality talent, and Key Target No. 3: 16 Packet Pg. 811 6741 Page 3 Improved Quality of Life -This purchase enhances public communication and delivers a model of quality of service to all businesses and residents. Fiscal Impact The purchase of four message boards will require an appropriation in the amount of $70,000 from Traffic Safety Fund (128) fund balance to the Traffic Safety Miscellaneous Equipment Account (128-400-0088-5702). The current available fund balance in the Traffic Safety Fund is $2,249,000. No General Fund appropriations are required for this purchase. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2020-119: 1. Authorizing the purchase of four (4) Wanco Mini Three -Line Message Boards from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000; and 2. Authorizing the Director of Finance to record a budget adjustment in the amount of $70,000 in Traffic Safety Fund No. 128 for the purchase; and 3. Authorizing the Director of Finance to issue a purchase order in the support of the equipment purchase. Attachments Attachment 1 Resolution 2020-119 Attachment 2 Wanco Manufacturer Quote Attachment 3 Wanco Dealer Quote by Maneri Attachment 4 Certified Dealer Letter Attachment 5 5 Year Wanco Manufacturors Warranty Ward: All Synopsis of Previous Council Actions: None 16 Packet Pg. 812 RESOLUTION NO. 2020-119 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF FOUR WANCO MINI THREE-LINE MESSAGE BOARDS FROM MANERI TRAFFIC CONTROL, INC. FALLBROOK, CA, IN THE AMOUNT OF $70,000; AND AUTHORIZING THE DIRECTOR OF FINANCE TO RECORD A BUDGET ADJUSTMENT IN THE AMOUNT OF $70,000 IN TRAFFIC SAFETY FUND NO. 128 FOR THE PURCHASE; AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE SUPPORT OF THE EQUIPMENT PURCHASE WHEREAS, the City of San Bernardino is responsible for the regular operations and maintenance of City streets, sidewalks, storm water drainage systems, traffic signals, streetlights, urban forestry, Landscape Maintenance Districts (LMDs), parks, medians, and parkways; and WHEREAS, as the City moves forward with major capital improvement continue to perform daily work in the public right-of-way, having traffic safety message boards readily available will help reduce liability concerns while increasing worker and motorist safety: and WHEREAS, the City has evaluated the fiscal impacts of renting traffic safety message boards and determined ongoing rental of the equipment is cost prohibitive versus purchasing the equipment for permanent use; and WHEREAS, the City solicited quotes from Wanco and Maneri Traffic Control, Inc. for the purchase of four Wanco Mini Three-Line Message Boards; and WHEREAS, Maneri Traffic Control, Inc., has provided a competitive quote and an opportunity to purchase the four Wanco Mini Three-Line Message Boards in the amount of $70,000inclusive of tax and shipping; and WHEREAS, the City has determined that a one-time purchase of the said equipment is a more fiscally responsible approach to securing the equipment, and results in long term operational cost savings to the City. 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. 16.a Packet Pg. 813 Attachment: PW.Traffic Message Boards.A1 - Resolution V2 (6741 : Public Works Equipment Purchase - Traffic Message Boards) Resolution No. 2020-119 SECTION 2. The City Manager is hereby authorized to execute any agreements necessary to purchase four Wanco Mini Three-Line Message boards from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000. SECTION 3. The Director of Finance is authorized to record a budget adjustment in Traffic Safety Fund No. 128 in the amount of $70,000 for purchase of said equipment. SECTION 4. The Director of Finance is authorized to issue a purchase order in support of the equipment purchase. SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the 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 16.a Packet Pg. 814 Attachment: PW.Traffic Message Boards.A1 - Resolution V2 (6741 : Public Works Equipment Purchase - Traffic Message Boards) Resolution No. 2020-119 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 16.a Packet Pg. 815 Attachment: PW.Traffic Message Boards.A1 - Resolution V2 (6741 : Public Works Equipment Purchase - Traffic Message Boards) Page 1 of 1 Wanco 5870 Tennys on St Arv ada, C O 80003 619-385-7264 leonard.f ros t @w anc o.com ww w .wanc o.c om Es t imat e ADDRESS Kev in McCurdy San Bernardino, City of SHIP TO San Bernardino SHIP VIA Common Carrier TRACKING#Lead time 4 week s ESTIMATE 1223 DATE 05/11/2020 EXPIRATION DATE 07/31/2020 SKU DESCRIPTION Q TY RATE AMOUNT WVT3(B)Mini 3‐Line Message Sign with Hand‐Operated Winch. Includes Wanco Security Battery Box with Puck Locks 4 19,300.00 77,200.00T Warranty variable message signs : Control box inc luding internal components (5 years), WANCO printed c ircuit boards (5 years ), WANCO LED display modules (5 years), O ther Manufac turer Warranties: Solar panels (20 years by manufac turer), AC battery chargers (1 year by manufacturer), Batteries (1 y ear by manufacturer, prorated). Lead times are about 4 weeks . Pleas e add any applic able sales tax. All terms are based on approv ed credit. For equipment shipping from the factory, the shipping address must have fork lift and forklift operator, or loading dock . Additional fees may apply if loc ation c annot unload equipment. Dealer to perform safety chec k on all equipment upon delivery, which may include tire inflation, drawbar c onnection or tightening, and connecting tail lights . Equipment will ship on open flatbed commercial truck and may need to be washed on arrival. For equipment warranty information, visit: https://www.wanco.com/support/warranty -polic y / SUBTOTAL 77,200.00 TAX (7.75%)5,983.00 SHIPPING 1,600.00 TOTAL $84,783.00 Acc epted By Acc epted Date 16.b Packet Pg. 816 Attachment: PW.Traffic Message Boards.A2 -Wanco Manufacturer quote (6741 : Public Works Equipment Purchase - Traffic Message Boards) 1 OF 2 4949 2ND STREET CONTRACTOR LICENSE #1017741 FALLBROOK, CA 92028 DIR #1000043135 O: 951-695-5104 DBE #38078 F: 951-695-5105 SB#2003406 UNION SIGNATORY MANERI TRAFFIC CONTROL, INC. PO #SB05072020 – Sign_________________________Date__05/07/2020________ TO: County San Bernardino ATTN: Andy PROJECT BID DATE 05/07/2020 **CURRENT SCHEDULING FOR CONSTRUCTION AREA SIGNS AND TRAFFIC CONTROL IS 3 WEEKS ADVANCE NOTICE. CONTRACTOR MUST SEND REQUEST VIA EMAIL/FAX UNTIL FURTHER NOTICE. ** QTY PER Description Qty Rate Amount Mini 3‐Line Message Sign 4 $17,500 with Hand‐Operated Winch Wanco Security Battery Box with 2 Puck Locks 4 included no charge Total: $70,000.00 Tax and Freight not included. PLEASE SIGN AND DATE THE PO AND WE CAN PROCESS IMMEDIEATELY. THANK YOU, Andy IF YOU HAVE ANY QUESTIONS REGARDING ANY PORTION OF THIS QUOTE, PLEASE DO NOT HESITATE TO CALL OUR ESTIMATOR, TOMMY PUETT, ON HIS CELL AT (951)314-9100. THANK YOU FOR YOUR TIME AND CONSIDERATION. SINCERELY, TOMMY PUETT 16.c Packet Pg. 817 Attachment: PW.Traffic Message Boards.A3 - Maneri-Wanco Quote (6741 : Public Works Equipment Purchase - Traffic Message Boards) 2 OF 2 4949 2ND STREET CONTRACTOR LICENSE #1017741 FALLBROOK, CA 92028 DIR #1000043135 O: 951-695-5104 DBE #38078 F: 951-695-5105 SB#2003406 UNION SIGNATORY MANERI TRAFFIC CONTROL, INC. 16.c Packet Pg. 818 Attachment: PW.Traffic Message Boards.A3 - Maneri-Wanco Quote (6741 : Public Works Equipment Purchase - Traffic Message Boards) 5/11/2020 RE: CERTIFIED DEALER LETTER This letter verifies that Maneri Traffic Control is a preferred certified Wanco Inc. dealer for Southern California. To qualify as a certified dealer, Maneri Traffic Control has completed training for repairs, maintenance, and safe operation training. Maneri Traffic Control is also a top volume dealer for Wanco, qualifying them for priority response for technical support, warranty claims, and parts and equipment shipping. End users are encouraged to purchase from Wanco certified dealers with service centers in their local area. Service and repairs performed by non-certified resellers may void equipment warranties. We thank you for considering Wanco products for your equipment fleet. In partnership with your local dealer, we aim to provide you with high quality equipment and superior service. Certified Dealer Information: Maneri Traffic Control 4949 2nd Street Fallbrook, CA 92028 Point of contact: Tommy Puett 951-314-9100 tommy@maneridirect.com Thank you, again. Leonard Frost Leonard Frost Southwest Regional Sales Manager Wanco Inc. leonard.frost@wanco.com Cell: 619-385-7264 16.d Packet Pg. 819 Attachment: PW.Traffic Message Boards.A4 - Certified Distributor Maneri Traffic (6741 : Public Works Equipment Purchase - Traffic Message Scope of Warranty WANCO INCORPORATED (WANCO) warrants to the original purchaser (PURCHASER) that each product of its manufacture (PRODUCT) is covered by this warranty from the date of original purchase if properly installed, serviced, and operated under normal conditions. Any part or parts thereof replaced during the base warranty period assumes the remainder of that warranty period or the parts warranty period, whichever is greater. The warranty coverage for the PRODUCT is continual from the original date of purchase and does not restart upon the replacement of any part or complete unit. Eligibility To be eligible for warranty service, the PRODUCT or replacement part must have been purchased from an authorized WANCO distributor or dealer. This warranty applies to PURCHASER only and is not transferable. Proof of purchase is required. Coverage Parts and service labor will be covered by WANCO for any failure that is proven to be a failure in material or workmanship under normal use during the applicable warranty period. This coverage is limited to parts and labor. The warranty for replacement parts is limited to direct replacement only with no allowance for freight or transportation charges. Reimbursement of labor charges to replace a defective part within its warranty period will be limited only to authorized WANCO service centers and then only if the authorized service center installs the replacement part. Travel time and expenses are not covered, authorized, or reimbursed. WANCO reserves the right to repair or replace any part, component, or assembly at its option. WANCO may request defective parts be returned for examination before the issuance of credit. Any item that is replaced under warranty becomes the property of WANCO. Purchaser’s Responsibilities The PURCHASER is responsible for maintaining the PRODUCT as described in the PRODUCT instruction manuals. WANCO recommends retaining all records and receipts regarding maintenance of PRODUCT. The PURCHASER is required to take the PRODUCT to an authorized WANCO service center for repairs as soon as a problem exists. For warranty service, contact an authorized WANCO dealer or service center. To locate a dealer or service center, contact WANCO by calling 1-303-427-5700 or visiting www.wanco.com. When contacting a dealer, a service center, or WANCO, include a description of the problem as well as all return contact information such as address, phone number, fax number, and email address. PRODUCT serial number or VIN, and proof of purchase and registration are required. Exclusions THIS WARRANTY SHALL NOT APPLY TO ANY WANCO PRODUCT OR PARTS THEREOF THAT MUST BE REPLACED BECAUSE OF NORMAL WEAR, THAT HAS BEEN SUBJECT TO ALTERATION, MISUSE, NEGLIGENCE, ACCIDENT OR COLLISION, NATURAL DISASTER OR ACTS OF NATURE, THAT HAS BEEN DAMAGED DUE TO SHIPPING, TRANSPORT OR HANDLING, FUEL OR ANY OTHER FLUID CONTAMINATION OR DEGRADATION, THAT HAS FAILED DUE TO MISAPPLICATION OR USE OF THE PRODUCT IN A MANNER INCONSISTENT WITH SUCH PRODUCT’S DESIGN OR INTENDED PURPOSE, OR THAT HAS BEEN SUBJECT TO ANY OTHER ACT, OMISSION OR CIRCUMSTANCE BEYOND WANCO’S REASONABLE CONTROL. THIS WARRANTY DOES NOT EXTEND TO NORMAL MAINTENANCE ITEMS SUCH AS BELTS, HOSES, SPARK PLUGS, AND FILTERS PAST THE FIRST SCHEDULED REPLACEMENT OR SERVICE INTERVAL FOR THESE ITEMS, WHICHEVER COMES FIRST. WANCO makes no warranties with respect to engines, batteries, battery chargers, axles, tires, or other component parts or accessories not manufactured by WANCO, same being subject only to such warranties, if any, as may be made by their respective manufacturers. Use on any PRODUCT of replacement parts other than WANCO-certified replacement parts purchased through WANCO or an authorized WANCO distributor or dealer shall void this warranty. Disclaimer of Consequential Damage and Limitation of Implied Warranties WANCO DENIES ANY RESPONSIBILITY FOR LOSS OF TIME OR USE OF THE PRODUCT, TRANSPORTATION, COMMERCIAL LOSS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE. ANY IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS WRITTEN LIMITED WARRANTY. THIS WARRANTY, AND WANCO’S OBLIGATION HEREUNDER, IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and all other obligations or Wanco® Traffic Safety Products MANUFACTURER’S LIMITED WARRANTY liabilities including special or consequential damages or contingent liabilities arising out of the failure of any product or part to operate properly. WANCO shall not be liable for any special, indirect, incidental, or consequential damages whether in contract, in tort, under any warranty, or otherwise beyond the warranty stated herein for PRODUCTS or parts. No person is authorized to give any other warranty or to assume any additional obligation on WANCO’s behalf unless made in writing and signed by an officer of WANCO. This warranty, dated November 2018, supersedes all prior and undated WANCO warranty statements for traffic safety products, except statements authorized by WANCO in individual contracts. Length of Warranty WANCO trailer- and pole-mounted variable message signs WANCO message sign conversion kits Control box including internal components . . . . . . . . . . . . . . . . . 5 years (60 months) WANCO printed circuit boards . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) WANCO LED display modules (character boards) . . . . . . . . . . . . . . 5 years (60 months) Trailer, sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) Camera, solar panels, charger, batteries, axle, tires . . . . . . . see Mfr. Warranties and Exclusions WANCO vehicle-mounted message signs Control box including internal components . . . . . . . . . . . . . . . . . 2 years (24 months) WANCO printed circuit boards . . . . . . . . . . . . . . . . . . . . . . . . . . 2 years (24 months) WANCO LED display modules (character boards) . . . . . . . . . . . . . . 2 years (24 months) Sign, frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 years (24 months) Electric actuator . . . . . . . . . . . . . . . . . . . . . . . . . . see Mfr. Warranties and Exclusions WANCO trailer- and skid-mounted arrow boards Control box including internal components . . . . . . . . . . . . . . . . . 5 years (60 months) Display panel LED lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) Batteries, 12VDC VRLA only . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 years (48 months) Trailer, sign, frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) Solar panels, charger, other batteries, axle, tires . . . . . . . . .see Mfr. Warranties and Exclusions WANCO vehicle-mount arrow boards Control box including internal components . . . . . . . . . . . . . . . . . 2 years (24 months) Display panel LED lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) Display panel halogen lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 month (30 days) Sign, frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 year (12 months) Electric actuator . . . . . . . . . . . . . . . . . . . . . . . . . . see Mfr. Warranties and Exclusions WANCO radar-speed signs and variable speed limit signs Control box including internal components . . . . . . . . . . . . . . . . . 5 years (60 months) WANCO printed circuit boards . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) WANCO LED display modules (character boards) . . . . . . . . . . . . . . 5 years (60 months) Radar head . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 years (24 months) Trailer, sign, frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) Solar panels, charger, batteries, axle, tires . . . . . . . . . . . . .see Mfr. Warranties and Exclusions WANCO caution beacons Control box including internal components . . . . . . . . . . . . . . . . . .1 year (12 months) LED lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 years (24 months) Solar panels, batteries . . . . . . . . . . . . . . . . . . . . . . see Mfr. Warranties and Exclusions WANCO traffic data collectors . . . . . . . . . . . . . . . . . . . . . . . . . 2 years (24 months) WANCO asset tracker Internal electronics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 years (60 months) WANCO 4G modem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 years (24 months) WANCO X-Marker™ L-893(L) runway closure marker . . . . . . . . . . .1 year (12 months) after start of service or 2 years (24 months) after purchase, whichever is later LED lights . . . . . . . . . . . . . . . . . . . . . . . . . .5 years (60 months) after start of service Engine, generator . . . . 2 years (24 months) or 2,000 hours of operation, whichever is earlier Batteries, axle, tires . . . . . . . . . . . . . . . . . . . . . . . . see Mfr. Warranties and Exclusions All other WANCO traffic safety products . . . . .1 year (12 months) after start of service or 18 months after purchase, whichever is earlier Engine, solar panels, charger, batteries, axle, tires . . . . . . . see Mfr. Warranties and Exclusions Mfr. Warranties (provided by their respective manufacturers) Solar panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 years by manufacturer AC battery chargers . . . . . . . . . . . . . . . . . . . . . . . . 1 year by manufacturer, prorated Batteries other than 12VDC VRLA . . . . . . . . . . . . . . . 1 year by manufacturer, prorated Electric actuators. . . . . . . . . . . . . . . . . . . . . . . . . . 1 year by manufacturer, prorated Cameras . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . varies Engines, generators, batteries, axles, tires, other components not specified . . . . . . varies WANCO INC. 5870 Tennyson St., Arvada, CO 80003 USA • Tel. 303-427-5700 Fax 303-427-5725 • info@wanco.com • www.wanco.com ©2018 Wanco Inc. All rights reserved. Printed in the USA. | November 2018 P/N 223318 Rev. B 16.e Packet Pg. 820 Attachment: PW.Traffic Message Boards.A5 - 5 Year Wanco Warranty (6741 : Public Works Equipment Purchase - Traffic Message Boards) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Public Works Equipment Purchase - Traffic Signal Controllers Recommendation Adopt Resolution 2020-121 of the Mayor and City Council of the City of Bernardino, California: 1. Authorizing the purchase of fifteen (15) traffic signal controllers from McCain Inc., of Vista, California in the amount of $44,550; and 2. Authorizing the Director of Finance to record a budget adjustment in the Traffic Safety Fund (128) for the equipment purchase; and 3. Authorizing the Director of Finance to issue a purchase order in support of t he equipment purchase. Background The Public Works Operations and Maintenance Division is responsible for operating and maintaining nearly 300 signalized intersections within the City’s jurisdiction of 61.59 square miles. These electrically operated intersections acutely rely on highly specialized signal controllers to provide indication for roadway users by assigning right -of-way to each approach and movement. Other hardware and software components managed by staff include timer settings, camera or pavement sensors, and housing cabinets to ensure the safe and efficient flow of vehicle and pedestrian transportation. As a City standard, McCain signal controllers continue to be a reliable manufacturer for all signalized intersections. As these devices operate 24 hours a day, 7 days a week, signalized infrastructure and technology have aged considerably. Industry standards and best practices have determined that the life span of a signal controller is around 10 years from installation. At this time, the City has several controllers that are well over 20 years old. Discussion The Mayor and City Council previously approved CIP Project No. TC20 -007 - Upgrades to Various Signal Hardware at 224 Signalized Intersections on Various Arterials. This project is funded with ATP Cycle 5 Grant Program funding and will replace outdated 17 Packet Pg. 821 6742 Page 2 traffic controllers at 224 signalized intersections throughout the City. That project is currently in the design phase and will ultimately update the majority of signal controllers throughout the City. The equipment being recommended for purchase through this report, however, will serve as emergency replacement inventory for the Operations and Maintenance Division to address immediate needs prior to the construction phase of the ATP projec t. While staff has done an excellent job repairing out dated equipment, many electronic components are now, or about to become, obsolete. At this time, it is critical for Public Works to have inventory on-hand and immediately available for maintenance purposes to ensure safe operation at signalized intersections. In an effort to make the most effective and best use of limited operational funding, the Department has verified an urgent need to purchase a minimum of fifteen 2070E McCain traffic controllers (Attachment 2). At this time, the City has no current inventory for urgent or emergency repairs. These critical multi -tasking field processors are configured to a variety of the City’s traffic management needs and are a necessity for signalized communication. In addition, the equipment is designed in full compliance with the 2009 Caltrans Transportation Electrical Equipment Specifications (TEES). During just the four hours of peak travel times (7:00AM - 9:00 AM and 4:00PM - 6PM), a single signalized intersection may direct over 8,300 vehicles (Hospitality and Tippecanoe) that pass through the intersection. Reliable equipment is critical to managing this level of traffic flow. In an effort to address urgent signal repair needs, reduce liability concerns, and increase motorist safety, staff is requesting a budget adjustment to utilize available Traffic Safety Fund monies for the purchase of fifteen 2070E McCain traffic controllers in the amount of $44,550. This purchase is inclusive of materials, tax, and freight. The equipment will be installed, as needed, by trained City Signal Technicians and work will be performed within existing, budgeted work hours. 2020-2025 Key Strategic Targets and Goals The purchase of 15 McCain 2070E traffic controllers aligns wi th Key Target No. 1d: Minimize Risk and Litigation Exposure by providing the latest hardware and software signal infrastructure. In addition, said equipment minimizes potential damage claims by alerting staff to signal issues. Fiscal Impact The purchase of 15 traffic signal controllers will require an appropriation in the amount of $44,500 from Traffic Safety Fund (128) fund balance to the Traffic Safety Miscellaneous Equipment Account (128-400-0088-5702). The current available fund balance in the Traffic Safety Fund is $2,249,000. No General Fund appropriations are required for this purchase. Conclusion It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-121: 17 Packet Pg. 822 6742 Page 3 1. Authorizing the purchase of fifteen (15) traffic signal controllers from McCain Inc., of Vista, California in the amount of $44,550; and 2. Authorizing the Director of Finance to record a budget adjustment in the Traffic Safety Fund (128) for the equipment purchase; an d 3. Authorizing the Director of Finance to issue a purchase order in support of the equipment purchase. Attachments Attachment 1 Resolution 2020-121 Attachment 2 McCain Quote Attachment 3 McCain 2070E Specifications Ward: All Synopsis of Previous Council Actions: None 17 Packet Pg. 823 RESOLUTION NO. 2020-121 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF FIFTEEN (15) TRAFFIC SIGNAL CONTROLLERS FROM MCCAIN INC., VISTA, CALIFORNIA IN THE AMOUNT OF $44,550; AND AUTHORIZING THE DIRECTOR OF FINANCE TO RECORD A BUDGET ADJUSTMENT IN THE TRAFFIC SIGNAL MAINTENANCE FUND FOR THE PURCHASE; AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE SUPPORT OF THE EQUIPMENT PURCHASE WHEREAS, the City is responsible for operating and maintaining nearly 300 signalized intersections within the City’s jurisdiction of 61.59 square miles; and WHEREAS, signalized intersections are electrically operated and acutely rely on highly specialized signal controllers to provide indication for roadway users by assigning right-of-way to each approach and movement; and WHEREAS, as a City standard, McCain signal controllers continue to be a reliable manufacturer for all signalized intersections operating 24 hours a day, 7 days a week, and WHEREAS, reliable signal control equipment is key to managing traffic flow throughout the City; and WHEREAS, it is critical for Public Works to have signal controller inventories on-hand for needed operations and maintenance, to address urgent signal repair needs, reduce liability concerns, and increase motorist safety; and WHEREAS, the City has determined that a purchase of the equipment is fiscally responsible, aligns with the City’s strategic targets and goals of reducing risk and litigation exposures. 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 any agreements necessary to purchase fifteen (15) McCain 2070E signal controllers from McCain Inc., of Vista, California in the amount of $44,550. 17.a Packet Pg. 824 Attachment: PW.Signal Controllers.A1- Resolution (6742 : Public Works Equipment Purchase - Traffic Signal Controllers) Resolution No. 2020-121 SECTION 3. The Director of Finance is authorized to record a budget adjustment in Traffic Signal Maintenance Fund No. 126 in the amount of $44,550 for the purchase of said equipment. SECTION 4. The Director of Finance is authorized to issue a purchase order in the support of the equipment purchase. 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: Sonia Carvalho, City Attorney 17.a Packet Pg. 825 Attachment: PW.Signal Controllers.A1- Resolution (6742 : Public Works Equipment Purchase - Traffic Signal Controllers) Resolution No. 2020-121 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. 826 Attachment: PW.Signal Controllers.A1- Resolution (6742 : Public Works Equipment Purchase - Traffic Signal Controllers) Frank Villalobos ____________________________________________ QUOTATION Estimator:Jennifer Phelan Quote #:JLP011520B (760)734-5050 Agency:San Bernardino City o jennifer.phelan@mccain-inc.com Job Name:2070E Controller Bid Date:5/13/20 Bid Item Qnty Description Price Extension 15 MCCAIN 2070E $2,750.00 $41,250.00 BI TRAN 2033 PROGRAM FOR 2070 TAX 8%$3,300.00 *turn on support is not included Reference Total $44,550.00 Prices firm for 30 days. Freight included. Add sales tax. Sale is subject to McCain's standard terms and conditions. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited., If you received this in error, please contact the sender and delete the material from any computer. 17.b Packet Pg. 827 Attachment: PW.Signal Controllers.A2- McCain 2070E Quote (6742 : Public Works Equipment Purchase - Traffic Signal Controllers) www.mccain-inc.com ® Cabinets Controllers Signals Signs Software Specialty Overview Benefits Product Description McCain’s 2070E Controller, designed in full compliance with the 2009 Caltrans Transportation Electrical Equipment Specifications (TEES), is a ruggedized, multi-tasking field processor and communications system configurable for a variety of traffic management applications. It is interchangeable with standard 170 controllers, allowing users to upgrade existing intersections to a higher performance platform without replacing cabinet hardware. • Support a variety of applications through modular design • Upgrade to more modern platform without replacing cabinet hardware • Compatible with off-the-shelf products and intersection control software • Compliant with 2009 Caltrans TEES The McCain 2070E Controller is designed to control traffic intersections, though it can be used for a multitude of applications. Based on the software control package utilized, the control applications can expand to include: ramp metering, variable message signs, sprinklers, pumps, and changeable lane control. The controller’s modular design allows various configurations based on the desired application. An OS-9 real-time operating system affords a robust, flexible, and expandable platform that is compatible with multi-vendor application control software. McCain offers a variety of compatible software programs (sold separately). 2070E Controller 17.c Packet Pg. 828 Attachment: PW.Signal Controllers.A3- McCain 2070E Specifications (6742 : Public Works Equipment Purchase - Traffic Signal Controllers) © 2015 McCain Inc. Updated 06/29/2015. McCain reserves the right to change product specifications without notice. For the most up-to-date information, please contact McCain. To learn more about McCain’s Integrated Traffic Solutions, please contact info@mccain-inc.com or call (760) 727-8100 2365 OAK RIDGE WAY // VISTA, CALIFORNIA 92081 // USA // WWW.MCCAIN-INC.COM® 2070E Controller Interfaces Communication interfaces • SDLC ports (2) • ACIA ports (5) • 10/100 Mb Ethernet (4), 4 LEDs • Datakey removable storage device, 8Mbits, (blue color) Front panel interface • Display: 8 lines x 40 characters • Keyboards: 3 x 4 navigation and 4 x 4 data entry keypads • C50J connector Cabinet interfaces • Rear connectors C1S, C11S, and C12S Software Compatible with McCain’s 2033 intersection control, 2045 arterial master control, and 2042 ramp metering control software. Also compatible with any 2070E compliant third party software. (See separate data sheets for details on McCain’s software control programs). General Specifications Dimensions:19 “ W x 7” H x 12” D (rounded to the near- est inch) Form Factor:EIA rack mount compatible Power:95 VAC to 135 VAC, 60 Hz (± 3 Hz) +5.0 VDC 10.0 A +12.0 VDC Serial 0.5 A –12.0 VDC Serial 0.5 A +12.0 VDC ISO 1.0 A Environment:Operating Temperature: -37° C to +74 ° C Humidity: 0 to 95% (non-condensing) Weight:12 lbs (based on final module selection) Options • McCain control software • Available modules • 2070-2B field I/O module for ITS (SP5) / NEMA (SP3) cabinet applications • 2070-3A large 4 x 40 character display • 2070-4A-220 international voltage: 190VAC to 253VAC, 50 Hz (± 3 Hz) • 2070-6A dual 1200 baud modem • 2070-6B dual 9600 baud modem • 2070-7A async comm module • 2070-7B sync comm module • 2070-8 NEMA adapter Standard Features Operating system • Microware OS-9 real-time operating system (RTOS) Modules (standard, included) • 2070-1E CPU Module • 2070-2E Field I/O Module • 2070-3B LCD/Front Panel Module • 2070-4A Power Supply Microprocessors • CPU Module: Freescale MC68EN360, 32 Bit, 24.576 MHz microprocessor • I/O Module: Freescale microprocessor, running at 24 MHz Memory • 8MB Flash memory • 32MB PSRAM • 2MB non-volatile SRAM Backup real-time clock (RTC) Applicable standards • Meets or exceeds Caltrans TEES 2009 standards 17.c Packet Pg. 829 Attachment: PW.Signal Controllers.A3- McCain 2070E Specifications (6742 : Public Works Equipment Purchase - Traffic Signal Controllers)