Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-04-2018 Agenda Backup
CITY OF SAN BERNARDINO AGENDA FOR THE JOINT 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 4, 2018 4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Benito Barrios Andrea M. Miller COUNCIL MEMBER, W ARD 2 CITY MANAGER John Valdivia Gary D. Saenz COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, W ARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk by 5:00 pm the day of the meeting. o You may email your request to speak to publiccomments@sbcity.org if you cannot turn it in in person prior to 5:00 pm. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o Public comments for agenda items that are not public hearings will be limited to three minutes. o There is a 6-minute-per-person time limit for all comments, excluding public hearings. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk’s Office (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. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/30/2018 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez Council Member, Ward 2 Benito Barrios Council Member, Ward 3 John Valdivia 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 R. Carey Davis City Clerk Georgeann "Gigi" Hanna City Attorney Gary D. Saenz City Manager Andrea M. Miller CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12 -bk-28006 MJ City of Fontana, et al., v. State Board of Equalization (California Department of Tax and Fee Administration), et al., Alameda County Superior Court Case No. RG 14721676; California Court of Appeal, First Appellate District, Division 2, Case No. A147642; and Supreme Court of California, Case No. S246278 People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Concepts Collective, a California corporation; Joe Bixler, an individual; et al., San Bernardino County Superior Court Case No. CIVDS1516185 People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Inc., a business entity of unknown form; et al., San Bernardino County Superior Court Case No. CIVDS1512329 County of San Bernardino and City of San Bernardino v. The High Desert Partnership in Academic Excellence Foundation, Inc., San Bernardino County Superior Court Case No. UDFS1800988 Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/30/2018 Rosemary Easley, et al. v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS1515304 Bubba Likes Tortillas, LLC v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1806921 Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1702131 MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1802539 Karmel Roe v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1712424 Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): One (1) Item INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Special Recognition to Consul Billy Munoz Miranda, Guatemalan Consulate – By Mayor Davis and City Council Members 2. Issuance of Proclamation(s): Proclaim April as Child Abuse Prevention Month 3. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/30/2018 CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. 4. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated April 4, 2018. 5. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for March 2018. 6. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meeting of March 21, 2018. 7. Vendor Services Agreement with Advanced Pet Care of San Bernardino and authorization to amend the Adopted FY2017/2018 Budget and Increase the Purchase Order Recommendation: Adopt Resolution No. 2018-92, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with Advanced Pet Ca re of San Bernardino, appropriating $30,000 into the FY2017/18 Adopted Budget, and authorizing the increase of the Purchase Order to Advanced Pet Care of San Bernardino for veterinarian services. 8. Purchase Order Increase for C&W Construction Specialties, Inc. Recommendation: Adopt Resolution No. 2018-93, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and C&W Construction Specialties, Inc. of Ventura, California, and approving an increase to Purchase Order No. 2018-333 by $47,349 for the maintenance and repair of guardrails Citywide. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/30/2018 9. Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc., for FY 2018/19 Recommendation: Adopt Resolution No. 2018-94, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Platinum Security, Inc. and authorizing the Director of Finance to issue a Purchase Order to Platinum Security, Inc. 10. Authorization to issue Purchase Order to Public Safety Innovation, Inc., and Execution of a Vendor Services Agreement for refurbishment and repairs to the Police Mobile Command Post Recommendation: Adopt Resolution No. 2018-95, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Public Safety Innovation, Inc., and authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino, California, and Public Safety Innovation, Inc. 11. Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828) Recommendation: Authorize the Mayor, on behalf of the City of San Bernardino, to sign opposition letters to three proposed housing bills, AB 1759 (McCarty), SB 827 (Weiner) and SB 828 (Weiner). 12. Final Reading - Development Code Amendment 17-07 Recommendation: Accept for final reading and adopt Ordinance No. MC- 1479, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption and approving Development Code Amendment 17-07 to amend Chapter 19.19 (Main Street Overlay District) of the City of San Bernardino Development Code to add an Adaptive Reuse Overlay to allow for the conversion of existing commercial and office buildings to residential units within specified areas. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/30/2018 13. Final Reading - Amending Municipal Code Chapter 2.58 Related to the Conduct of Public Meetings and Establishing Reasonable Regulations for Public Comments, Testimony, and Procedural Rules for Quasi -Judicial Hearings Recommendation: Accept for final reading and adopt Ordinance No. MC 1478, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi-judicial hearings. STAFF REPORTS 14. Agreement with Westbound Communications, Inc. for Marketing and Public Relations Services Recommendation: Adopt Resolution No. 2018-96, a 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 Westbound Communications, Inc. for Public Relations and Marketing Services and a purchase order in an amount not to exceed $241,000. 15. Charter Implementation - Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part IV Recommendation: 1. Introduce for first reading Ordinance No. MC- 1480, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Municipal Code Chapter 2.43 Bureau of Franchises and amending Chapter 5. 76 related to Bureau of Franchises, Taxicabs and Non- Emergency Vehicles. 2. Introduce for first reading Ordinance No. MC-1481, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 8.90 (Mobile Home Rents) dissolving the Mobile Home Rent Board and delegating responsibility for the review of Mobile Home Park rent increase requests to an independent Hearing Officer. 3. Adopt Resolution No. 2018-97, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Arts and Cultural Heritage Commission. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/30/2018 4. Introduce for first reading Ordinance No. MC-1482, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 15.37 related to Historic Building Demolition. 5. Introduce for first reading Ordinance No. MC- 1483, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, enacting San Bernardino Municipal Code Chapter 2.27 related to the “Library Board.” 16. Charter Implementation - Business Registration Division Transfer Part II Recommendation: 1. Introduce for first reading Ordinance No. MC- 1484, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapters 3.55, 3.64, 5.44, 8.60, 12.32, and 14.08 transferring licensing of certain businesses and uses from the City Clerk to the Finance Department of the City of San Bernardino and repealing San Bernardino Municipal Code Chapter 3.60 related to the Cigarette Tax. 2. Introduce for first reading Ordinance No. MC- 1485, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing San Bernardino Municipal Code Chapter 5.16 entitled “Fire, Removal, or Closing-Out Sales.” 3. Introduce for first reading Ordinance No. MC- 1486, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing San Bernardino Municipal Code Chapter 5.40 related to “Charitable and Religious Solicitation in Central City Mall.” 4. Introduce for first reading Ordinance No. MC- 1487, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 5.52, transferring licensing of escort bureaus from the City Clerk to the Police Department of the City of San Bernardino, amending San Bernardino Municipal Code Chapter 5.84 related to enforcement, and repealing San Bernardino Municipal Code Chapter 5.60 related to motor buses. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/30/2018 5. Adopt Resolution No. 2018-98, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the reclassification of the Business Registration Representative and Senior Business Registration Representative job classifications from unclassified to classified positions within the General Unit bargaining group and amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017. 17. An Ordinance and Urgency Ordinance of the City of San Bernardino, California, Reauthorizing the City's Public, Educational, and Governmental Access and Support Fee Recommendation: 1. Introduce for first reading Ordinance No. MC- 1488, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and Governmental Access and Support Fee; and, 2. Adopt Urgency Ordinance No. MC-1489, an Urgency Ordinance of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and Governmental Access and Support Fee. 18. CIP Work Plan Update Recommendation: Receive and file the attached Update on the FY 2017/18 Capital Improvement Program Work Plan. 19. Verdemont Community Center Recommendation: 1. Direct the Public Works Department to prepare bid documents and solicit bids for the demolition/restoration of the Verdemont Community Center ("VCC") project site to a condition which compliments Al Guhin Park and meets Parks and Recreation landscape/facilities standards. 2. Direct the Parks and Recreation Department to continue work on the City-wide assessment to evaluate each park site including the age and condition of amenities; identify best practices; and make recommendations related to the acreage and location of Park facilities, and community centers to best service the citizens of San Bernardino and meet current demand. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/30/2018 20. Southern California Association of Governments Legislative Update Recommendation: Receive an oral report by Council Member Mulvihill. 21. Water Education for Latin Leaders (WELL) 2018 Annual Conference – March 22-23, 2018 Recommendation: Receive an oral report by Council Member Barrios. 22. Alternative Locations for City Council Chambers Recommendation: Review, discuss, and provide direction based on the findings of City Council Chambers relocation options. QUASI-JUDICIAL HEARINGS 23. Adopt a Resolution Approving Conditional Permit 18 -01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show Pursuant to San Bernardino Municipal Code Section 5.10.060(B) Recommendation: Review, discuss, and take possible action on the request by the National Orange Show and Trans -High Corporation to adopt Resolution No. 2018-99, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Permit 18-01 for a Temporary Cannabis Event at the National Orange Show Events Center by the Trans - High Corporation for April 20, 2018 through April 22, 2018 pursuant to San Bernardino Municipal Code Section 5.10.060(B). 24. Continue Public Hearing - Appeal of Pepe's Towing Recommendation: By mutual agreement of the parties, continue to April 18, 2018. 25. Continue Public Hearing - Appeal 18-01 of Conditional Use Permit 17-22 - Drive Through Restaurant - 2855 Waterman Avenue Recommendation: By mutual agreement of the parties, continue to May 2, 2018. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/30/2018 26. General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of Public Convenience or Necessity Letter 18-01 Recommendation: 1. Introduce for first reading Ordinance No. MC- 1490, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving General Plan Amendment 18-01 to allow the reclassification of the General Plan Circulation Element street designation of Shandin Hills Drive from a Local Street to a Secondary Arterial; and 2. Adopt Resolution No. 2018-100, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving Subdivision 18-01, Conditional Use Permit 18-01, a request to allow a service station and convenience store with a Type- 20 (Off-sale Beer and Wine) ABC License, a drive- thru restaurant, and a sit down restaurant, and finding of Public Convenience or Necessity Letter 18-01 on a site of approximately 3.5 acres located at the southwest corner of Kendall Drive and Shandin Hills Drive within the Commercial General (CG-1) Zone and Transit District (TD) Overlay. PUBLIC HEARING 27. Adopt Resolutions for Commercial Cannabis Business Types, Commercial Cannabis Review Criteria, Commercial Cannabis Application Fee, Personal Cultivation Registration Fee, and Authorization to Access State and Federal Criminal Records Recommendation: 1. Adopt Resolution No. 2018-101, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of Commercial Cannabis Business Types, pursuant to San Bernardino Municipal Code Section 5.10.080. 2. Adopt Resolution No. 2018-102, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Permit Application Review Criteria and Procedures pursuant to San Bernardino Municipal Code Section 5.10.090. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/30/2018 3. Adopt Resolution No. 2018-103, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Application Review and Appeal Fees, pursuant to San Bernardino Municipal Code Section 5.10.090 and 5.10.160. 4. Adopt Resolution No. 2018-104, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a Personal Cultivation in Private Residence Fee, pursuant to the San Bernardino Municipal Code Section 8.99.040(C). 5. Adopt Resolution No. 2018-105, a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an application to authorize the access to state and federal level summary criminal history information for employment, volunteers, contractors, licensing, or certification purposes. 28. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 29. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 30. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 31. ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, April 18, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Joint Regular Meeting Agenda April 4, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/30/2018 CERTIFICATION OF POSTING AGENDA I, Georgeann “Gigi” Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 4, 2018 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 in the breezeway of City Hall, 300 North “D” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Friday, March 30, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, CMC, City Clerk NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Consent Calendar City of San Bernardino Request for Council Action \ Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated April 4, 2018. 4.a Packet Pg. 13 Attachment: Waive Reading.Report_April 4 (5453 : Waive Full Reading of Resolutions and Ordinances) 5.a Packet Pg. 14 Attachment: Finance.Commercial Checks Payroll Report -April 4, 2018 (5452 : City Council Approval of Commercial and Payroll Checks) Fiscal Impact Amounts noted in the check 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 attached check registers be approved by the Mayor and City Council. Attachments Attachment 1 – Commercial checks for Register #44 Attachment 2 – Commercial checks for Register #45 Attachment 3 – Commercial checks for Register #46 Attachment 4 – Payroll checks for March 2018 Ward: Synopsis of Previous Council Actions: 5.a Packet Pg. 15 Attachment: Finance.Commercial Checks Payroll Report -April 4, 2018 (5452 : City Council Approval of Commercial and Payroll Checks) 5.b Packet Pg. 16 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 17 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 18 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 19 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 20 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 21 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 22 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 23 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 24 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 25 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 26 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 27 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 28 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 29 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 30 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 31 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 32 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 33 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 34 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 35 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 36 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.b Packet Pg. 37 Attachment: Finance.Commercial Checks & Payroll.A1. Register #44 (5452 : City Council Approval of 5.c Packet Pg. 38 Attachment: Finance.Commercial Checks & Payroll.A2. Register #45 (5452 : City Council Approval of 5.c Packet Pg. 39 Attachment: Finance.Commercial Checks & Payroll.A2. Register #45 (5452 : City Council Approval of 5.d Packet Pg. 40 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 41 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 42 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 43 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 44 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 45 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 46 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 47 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 48 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 49 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 50 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 51 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 52 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 53 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 54 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 55 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 56 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 57 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 58 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 59 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 60 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 61 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 62 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 63 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 64 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 65 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 66 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 67 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 68 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 69 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 70 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 71 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 72 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 73 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 74 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 75 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 76 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.d Packet Pg. 77 Attachment: Finance.Commercial Checks & Payroll.A3. Register #46 (5452 : City Council Approval of 5.e Packet Pg. 78 Attachment: Finance.Commercial Checks & Payroll.A4. Payroll Summary Report (5452 : City Council Approval of Commercial and Payroll 5.e Packet Pg. 79 Attachment: Finance.Commercial Checks & Payroll.A4. Payroll Summary Report (5452 : City Council Approval of Commercial and Payroll Consent Calendar City of San Bernardino Request for Council Action \ Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Draft Minutes Recommendation Approve the minutes of the Mayor and City Council Regular Meeting of March 21, 2018. 6.a Packet Pg. 80 Attachment: Minutes_April 4 (5454 : City Council Approval of Draft Minutes) City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 3/21/2018 DRAFT MINUTES FOR THE JOINT 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 21, 2018 4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:03 PM, Wednesday, February 7, 2018, in the Board Room, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:03 PM Benito J. Barrios Council Member, Ward 2 Present 4:14 PM John Valdivia Council Member, Ward 3 Present 4:12 PM Fred Shorett Council Member, Ward 4 Present 4:03 PM Henry Nickel Council Member, Ward 5 Present 4:18 PM Bessine L. Richard Council Member, Ward 6 Present 4:03 PM James Mulvihill Council Member, Ward 7 Present 4:03 PM R. Carey Davis Mayor Present 4:03 PM Georgeann "Gigi" Hanna City Clerk Present 4:03 PM Gary D. Saenz City Attorney Present 4:03 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 6.b Packet Pg. 81 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/21/2018 Closed Session A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ City of San Bernardino v. DPSB Quality Investments, LLC, San Bernardino County Superior Court Case No. CIVDS1610926 City of Fontana, et al., v. State Board of Equalization (California Department of Tax and Fee Administration), et al., Alameda County Superior Court Case No. RG 14721676; California Court of Appeal, First Appellate District, Division 2, Case No. A147642; and Supreme Court of California, Case No. S246278 Briones, Hector, et al. v. City of San Bernardino, et al., USDC CIV10-7571CBM (Opx) B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Simplicio Gonzalez City v. Gilberto Sosa City v. John E. Townsend C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property Address: An approximately 18-acre vacant site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues (APNs 1191-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041- 25 to 32) City negotiator: Andrea M. Miller, City Manager Negotiating parties: To Be Determined Under negotiation: Price, terms of payment INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by the Reverend Joshua Beckley, of Ecclesia Christian Fellowship. Evelyn Harper, a fourth grade student from Newmark Elementary School, led the Pledge of Allegiance. 6.b Packet Pg. 82 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/21/2018 CLOSED SESSION REPORT City Attorney Saenz reported the following actions took place in Closed Session: In the matter of City of San Bernardino v. DPSB Quality Investments, LLC, San Bernardino County Superior Court Case No. CIVDS1610926, the Council gave settlement directive by a vote of 4 -0, with Council members Valdivia and Barrios absent and Council member Nickel abstaining. In the matter of Briones, Hector, et al. v. City of San Bernardino, et al., USDC CIV10-7571CBM (Opx), the Council gave settlement directive by a vote of 7-0. In the matter of City v. Simplicio Gonzalez, the Council gave settlement directive by a vote of 7-0. In the matter of City v. Gilberto Sosa, the Council gave settlement directive by a vote of 7-0. In the matter of City v. John E. Townsend, the Council gave settlement directive by a vote of 7-0. In the matter of An approximately 18-acre vacant site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues (APNs 1191-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32), council gave negotiation direction by consensus, with Council memb er Barrios absent. PRESENTATIONS 1. Student of the Month – Domingo De Haro, Indian Springs High School – Council Member Virginia Marquez Council member Marquez honored Domingo De Haro as Student of the Month. He also received a proclamation from Assemblywoman Elise Reyes’ office. 2. Citizen of the Month – Sergio Luna – Council Member Benito Barrios Council member Barrios honored Sergio Luna as Citizen of the Month. He also received a proclamation from Assemblywoman Elise Reyes’ office. 3. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens announced the upcoming Chamber events. Darrell Frye, from Assemblywoman Reyes’ office, announced the events in the District for the month of April. Consent Calendar The City Attorney asked that Item 6 be continued to the net meeting. The Mayor announced that he had a conflict on Item 9. 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated March 21, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 83 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/21/2018 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for February 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. City Council Approval of Draft Minutes Approved Motion: Continue the minutes of the Mayor and City Council Special Meeting of March 5, 2018 to April 4, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Authorization to Accept the Homeland Security Grant and Expenditures Approved Motion: Adopt the resolution. Reso. 2018-68 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the receipt, obligation, and expenditure of the FY2016 Homeland Security Grant Program, authorizing the City Manager to execute a Vendor Services Agreement with Vector USA, and authorizing the Director of Finance to amend the Adopted FY 2017/18 Budget and to issue a Purchase Order to Vector USA. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Approval of a Resolution Supporting the Reducing Crime and Keeping California Safe Act of 2018 Approved Motion: Adopt the resolution. Reso. 2018-69 Resolution of the Mayor and City Council of the City of San Bernardino, California, supporting the Reducing Crime and Keeping California Safe Act of 2018. 6.b Packet Pg. 84 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/21/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Issuance of a Purchase Order to Fairview Ford for the Purchase of Pre- Owned Vehicles for the Police Dept. Approved Motion: Adopt the resolution. Reso. 2018-70 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a Purchase Order to Fairview Ford in the amount of $88,000.00 for the purchase of four pre-owned vehicles. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Approval of Destruction of Certain Obsolete Records by the San Bernardino Police Department Approved Motion: Adopt the resolution. Reso. 2018-71 Resolution No. 2018-71, a Resolution of the Mayor and City Council of City of San Bernardino, California, approving the destruction of certain obsolete records by the San Bernardino Police Department. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Application for Beverage Container Recycling City/County Payment Program Approved Motion: Adopt the resolution. Reso. 2018-72 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for payment programs for recycling beverage containers offered by CalRecycle and approving related authorizations. 6.b Packet Pg. 85 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/21/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Application for CalRecycle Waste Tire Cleanup Grant Approved Motion: Adopt the resolution. Reso. 2018-73 Resolution of the Mayor and City Council of City of San Bernardino, California, authorizing the submittal of an application for payment programs for waste tire cleanup offered by CalRecycle and approving related authorizations. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Summary Vacation of Sewer Easements South of Dumas Street West of Waterman Avenue Approved Motion: Adopt the resolution. Reso. 2018-74 Resolution of the Mayor and City Council of the City of San Bernardino, California, ordering the summary vacation of a portion of sewer pipeline easements south of Dumas Street and west of Waterman Avenue. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Widening of 40Th Street Between Johnson Street and Electric Avenue Approved Motion: Adopt the resolution. Reso. 2018-75 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting 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 San Bernardino County for the widening of 6.b Packet Pg. 86 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/21/2018 40th Street between Johnson Street and Electric Avenue (SS04-014). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Covenant and Agreement with Ridge San Bernardino ONE B2 Partners LLC for Acceptance of Drainage Waters Approved Motion: Adopt the resolution. Reso. 2018-76 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Covenant and Agreement for Acceptance of Drainage Waters with Ridge San Bernardino ONE B2 Partners, LLC for a development project at Palm Avenue and Cajon Boulevard. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Purchase and Sale Agreement for North Side of East Cooley Avenue, West of South Tippecanoe Avenue Approved Motion: Adopt the resolution. Reso. 2018-77 Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino and HIP SoCal Properties, LLC with respect to the real property located on the north side of East Cooley Avenue, approximately 1,500 feet west of South Tippecanoe Avenue, San Bernardino, California (APNs 0281-031-51 and 0281-041-41), and approving certain related actions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 87 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/21/2018 17. Purchase and Sale Agreement for 207/207 ½ East 10Th Street Approved Motion: Adopt the resolution. Reso. 2018-78 Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City acting as the Successor Agency, Brother’s Home Trading Corporation, and Raziuh Investments Corporation with respect to the real property located at 207/207 ½ East 10th Street, San Bernardino, California (APN 0140-171-16), and approving certain related actions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Purchase and Sale Agreement for 693/695 W. Evans Street, San Bernardino, California (APN 0145-171-11) Approved Motion: Adopt the resolution. Reso. 2018-79 Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City acting as the Successor Agency, Brother’s Home Trading Corporation, and Raziuh Investments Corporation with respect to the real property located at 693/695 West Evans Street, San Bernardino, California (APN 0145-171-11), and approving certain related actions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Purchase and Sale Agreement for 1348 Union Street Approved Motion: Adopt the resolutionS. Reso. 2018-80 Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to 6.b Packet Pg. 88 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/21/2018 the Redevelopment Agency of the City of San Bernardino, California, approving a Purchase and Sale Agreement between the Successor Agency and the City of San Bernardino, acting in the capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino with respect to the real property located at 1348 Union Street, San Bernardino, California (APN 0139-231- 34), and approving certain related actions. Reso. 2018-81 Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, California, approving a Purchase and Sale Agreement between the Successor Housing Agency and the Successor Agency to the Redevelopment Agency of the City of San Bernardino with respect to the real property located at 1348 Union Street, San Bernardino, California (APN 0139 - 231-34), and approving certain related actions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. Contract with Willowbrook Landscape Inc., for Landscape Maintenance District Areas G and J Approved Motion: Adopt the resolutions. Reso. 2018-82 Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to Willowbrook Landscape, Inc. for the maintenance of landscaping in Assessment District Nos. 974, 975, 981, 986, 989, 1001, 1007, 1012, 1020, 1050, and 1048 (Additive No. 1) known as Area “G” in the amount of $107,052.50 with two optional one-year extensions. Reso. 2018-83 Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to Willowbrook Landscape, Inc. for the maintenance of landscaping in Assessment District Nos. 1022 Zone 1, 1022 Zone 2, 1022 Zone 3, 1063 (Additive No. 1), and 1068 (Additive No. 2) known as Area “J” in the amount of $69,635.00 with two optional one-year extensions. 6.b Packet Pg. 89 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/21/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 21. Contract with Inland Empire Landscape for Landscape Maintenance District Area I Approved Motion: Adopt the resolution. Reso. 2018-84 Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to Inland Empire Landscape for the maintenance of landscaping in Assessment District No. 1024 (Area I) in the amount of $8,402.44 with two optional one-year extensions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 22. Reject All Bids for LMD Contract Area H Approved Motion: Adopt the resolutions. Reso. 2018-85 Resolution of the Mayor and City Council of City of San Bernardino, California, rejecting all bids for the maintenance of landscaping in Assessment District Nos. 956, 968, 1016, 1023, 1027, 1045, 1059, and 1038 (Additive No. 1), known as Area “H.” Reso. 2018-86 Resolution of the Mayor and City Council of City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 2 to the agreement for the maintenance of landscaping in various assessment districts, known as Area “H” with Willowbrook Landscape, Inc. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 23. HUD EnVision Center Demonstration Commitment Letter Approved Motion: Authorize the Mayor to sign a Commitment Letter supporting the Housing Authority of the County of San Bernardino and 6.b Packet Pg. 90 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/21/2018 Hope through Housing Foundation with the creation of EnVision Centers at Arrowhead Grove and Maplewood Homes. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 24. Contract with RP Landscape & Irrigation for Maintenance of Landscape and Irrigation Services at 31 City Owned Sites Approved Motion: Adopt the resolution. Reso. 2018-87 Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to RP Landscape & Irrigation for the maintenance of landscape and irrigation services for 31 City-owned sites in the amount of $206,975.00 with two optional one-year extensions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Report 25. Amending Municipal Code Chapter 2.58 Related to the Conduct of Public Meetings and Establishing Reasonable Regulations for Public Comments, Testimony, and Procedural Rules for Quasi-Judicial Hearings Approved Motion: Introduce MC-1478, and adopt the resolutions, with changes to Reso. 2018-88, adding the wording “and/or videotaping, as available” to rule 3. MC-1478 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi - judicial hearings. (FIRST READING) Reso. 2018-88 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing procedural rules for quasi-judicial hearings. Reso. 2018-89 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing reasonable regulations for public comments and testimony. 6.b Packet Pg. 91 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/21/2018 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Public Hearings 26. Increase in the Maximum Permitted Service Rate for Integrated Solid Waste Collection, Processing and Disposal Services Mayor Davis opened the public hearing, Clerk Hanna swore in those who wished to speak on the matter. She reported that the Clerk’s Office had received 49 valid timely-filed written protests on the matter. Speakers Luis Rivera, opposed Gene Boisvert, opposed Fay Aldridge, opposed Robert Porter, opposed Sandra Ibarra, opposed George Bombardier, opposed Magi Noir, opposed Karmel Roe, opposed Approved Motion: Conduct a public hearing pursuant to Proposition 218 and adopt the resolution. Reso. 2018-90 Resolution of the Mayor and City Council of City of San Bernardino, California, declaring the result of the Proposition 218 protest count for the proposed adjustments to the maximum permitted service rates for integrated solid waste collection, processing, disposal, and related services for a period of five years and approving the 5 -year maximum permitted service rate schedule. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 27. Development Code Amendment 17-07 and Development Permit 17-05 Mayor Davis opened the public hearing, Clerk Hanna swore in those who wished to speak on the matter. Speakers Karmel Roe, opposed Jeff Howie, applicant 6.b Packet Pg. 92 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/21/2018 Approved Motion: Introduce MC-147, schedule a second reading of the ordinance for the regularly scheduled meeting of the Mayor and City Council on April 4, 2018, and adopt Reso 2018-91, with the following changes: accept AR-2, include language that will allow the council to review proposed projects for fiscal benefit and negative impact to the city, include a crime free housing component; and reconsider AR-1 within 60 days. MC-1479 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption and approving Development Code Amendment 17-07 to amend Chapter 19.19 (Main Street Overlay District) of the City of San Bernardino Development Code to add an Adaptive Reuse Overlay to allow for the conversion of existing commercial and office buildings to residential units within specified areas. (FIRST READING) Reso. 2018-91 Resolution of the Mayor and City Council of City of San Bernardino, California, adopting the Categorical Exemption and approving Development Permit Type-P 17-05 to allow the conversion of an existing commercial office building containing approximately 6,844 square feet to a residential apartment complex comprised of nine (9) dwelling units on two (2) parcels containing a total of approximately 0.32 acres located at 1595 North Arrowhead Avenue (APNs: 0146-131- 01, and 02) within the Commercial Office Zone. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 28. Public Comments on Items Not on the Agenda Robert Porter, San Bernardino, spoke about the need for public speaking on items. Sandra Ibarra, San Bernardino, said she had promoted an upcoming Parks and Recreation workshop and collected signatures against the Burrtec rate increase. She also spoke about problem properties within her neighborhood. Karmel Roe, San Bernardino, said Keller Williams did a good job in the purchase price for properties and contracts on items 16, 17, 18, snf 19. She said there is no vision or plan for the City, she said more rental properties are a problem and said the council should abide by its own rules. Jim Smith, San Bernardino, spoke about various issues with the City and said we are moving in the right direction. Sung Kim, Colton, spoke about the need for housing for the elderly. 6.b Packet Pg. 93 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) Joint Regular Meeting Minutes March 21, 2018 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/21/2018 Jerry Lair, San Bernardino, spoke about his difficulty in speaking to Burrtec about how his electric bill affects his requirement to pay for trash service (MC 8.24.090) 29. Items to be Referred to City Council Committees No items were referred to committees. 30. Announcements by Mayor, City Council and Executive Staff Council members and Mayor Davis announced upcoming events. 31. Adjournment The meeting adjourned at 8 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 4, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 6.b Packet Pg. 94 Attachment: 03-21-18_Jt_Reg_gh (5454 : City Council Approval of Draft Minutes) 7.a Packet Pg. 95 Attachment: PD.APC Vet ServIncr. Report (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) the field, sick animals sent over from the shelter, visits to the shelter to promote the health and well-being of the animals, provide required state mandated licensing for the shelter, and continue to advance the shelter in medications and vaccinations utilized by the shelter. Entering into the formal agreement will better document the terms of the relationship rather than simply using the existing purchase order. In May 2016, the Animal Shelter Supervisor/Registered Veterinary Technician (RVT) resigned, and finding a qualified candidate to fill the position has been a challenge. The purpose of this position was to support the Animal Shelter’s animals by providing supervision to the kennel staff and to monitor and maintain the health and well-being of the animals housed at the facility, as well as evaluating medical needs of those animals being brought in. Without an RVT the shelter and staff were left with no in-house medical evaluator who could legally make diagnosis of sheltered animal ailments and provide various treatments without the presence/direction of a licensed veterinarian. Without a Kennel Staff Supervisor/Registered Veterinary Technician, no other staff members at the shelter could legally make a diagnosis of any sick or injured animal coming in to the shelter. In turn, more animals that “appeared” to need some form of veterinary care had to be sent directly to the veterinary hospital for proper evaluation. The result of this led to more animals having to be sent to our contracted veterinary services, thus costing the City added expense. Dr. Bishay of Advanced Pet Care Veterinary Hospital, who was contracted to visit the shelter once a week for two hours at $150 an hour, felt it was necessary to visit the shelter more often to assist in this area. Dr. Bishay began to visit the shelter twice a week but unfortunately, this had to be stopped since this action was quickly depleting the existing budget. As a solution, Dr. Bishay began to spread out his contracted two hours a week time in order to not only review the health of the animals but also to assist in training and guiding the staff at the shelter in regards to proper protocols and medications utilized in the treatment of the animals, as well as helping to maintain proper inventory of common and controlled substances ordered by the shelter and maintained on the premises. During the 2016/17 fiscal year the shelter contracted with a second veterinary service in order to split the various services required by the shelter such as a spay/neuter voucher program, trap and release feral cat program, vaccination clinic requirements, veterinary care for injured animals found in the field, and shelter veterinary care. These services were split between Advanced Pet Care and Arrowview Animal Hospital. Arrowview Animal Hospital began taking in the shelter’s injured and sick animals in January of 2017 but due to criticism by animal enthusiasts and members of the rescue community, Arrowview discontinued providing service to the shelter after six weeks. In FY2016/17, Arrowview treated 92 animals for the shelter and Advanced Pet Care treated 407 animals for a total of 499 animals treated. In FY 2015/16, 406 animals were treated thus FY2016/17 experienced a 19% increase from the previous year in animals requiring veterinary services. In the current year, Animal Control Officers have impounded a higher number of Animals than during the same period last fiscal year, and the number of public 7.a Packet Pg. 96 Attachment: PD.APC Vet ServIncr. Report (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) surrenders has increased. Animal Control staff anticipate over 8,000 animals will be turned in during FY2017/18, an increase over the FY2016/17 total of 7,964. Generally, the stray animals brought into the shelter require some sort of medical attention. Many of those animals can be treated at a minimal cost, avoiding euthanasia. This increased level of activity also accounts for the increased cost of veterinarian services. Fiscal Impact To fund the $55,001 increase to the existing purchase order, staff is requesting a transfer and appropriation of $30,000.00 from the Vaccination deposit account (124- 2351) to account number 124-210-0001-5505. Sufficient funding in the Vaccination deposit account exists to support the requested transfer. The additional $25,001 for the increase in the purchase order is currently available in the existing FY2017/18 Animal Control operating budget. Conclusion Authorize the City Manager to execute a Vendor Services Agreement with Advanced Pet Care of San Bernardino for $55,001, the Director of Finance to amend the Adopted FY2017/18 budget by $30,000 as noted above and to increase the purchase order issued to Advanced Pet Care of San Bernardino to $105,000. Attachments Attachment 1 – Resolution, Exhibit A – Vendor Service Agreement Ward: Synopsis of Previous Council Actions: 11/1/2017 Resolution 2017-213 adopted approving the appropriation of $50,000.00 from the Spay/Neuter deposit account to the Adopted FY2017/2018 budget and issuing Purchase Orders to Western University and Advance Pet Care. 7.a Packet Pg. 97 Attachment: PD.APC Vet ServIncr. Report (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT WITH ADVANCED PET CARE OF SAN BERNARDINO, APPROPRIATIING $30,000 INTO THE FY2017/18 ADOPTED BUDGET, AND AUTHORIZING THE INCREASE OF THE PURCHASE ORDER TO ADVANCED PET CARE OF SAN BERNARDINO FOR VETERINARIAN SERVICES BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute the Vendor Services Agreement with Advanced Pet Care of San Bernardino for primary veterinarian services, which is attached hereto, marked Exhibit “A,” and incorporated, herein by this reference. SECTION 2. The Director of Finance is hereby authorized and directed to amend and increase the Adopted FY 2017/18 budget by transferring $30,000.00 from account number 124*2351 to account number 124-210-0001*5505. SECTION 2. The Director of Finance is hereby authorized and directed to increase the Purchase Order to Advanced Pet Care Animal Hospital by $55,001 to a total of $105,000. /// /// /// /// /// /// /// /// 7.b Packet Pg. 98 Attachment: PD.APC Vet ServIncr.A1. Reso (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING VENDOR SERVICES AGREEMENT WITH ADVANCED PET CARE OF SAN BERNARDINO, APPROPRIATION OF $30,000.00 INTO THE ADOPTED FY2017/18 BUDGET, AND INCREASING THE PURCHASE ORDER TO ADVANCED PET CARE OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 7.b Packet Pg. 99 Attachment: PD.APC Vet ServIncr.A1. Reso (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO FOR ANIMAL SHELTER VETERINARY SERVICES This Vendor Services Agreement is entered into this _1st day of July 2017 by and between Advanced Pet Care of San Bernardino (“VENDOR”) and the City of San Bernardino (“CITY” or “San Bernardino”). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract with the Advanced Pet Care of San Bernardino for Animal Shelter Veterinary Services; and WHEREAS, the City did solicit and accept quotes from available vendor for Animal Shelter Veterinary Services NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide Animal Shelter Veterinary Services as requested by the Police Department. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $ 100,000.00 for Animal Shelter Veterinary Services b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney’s fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or 7.c Packet Pg. 100 Attachment: PD.APC Vet ServIncr.A1.Exhibit A.VSA (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Andrea M. Miller Dr. George Bishay City Manager Veterinarian 2 7.c Packet Pg. 101 Attachment: PD.APC Vet ServIncr.A1.Exhibit A.VSA (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) City of San Bernardino Advanced Pet Care of San Bernardino 290 North “D” Street 448 South Arrowhead Ave. San Bernardino, CA 92418 San Bernardino, CA 92408 Telephone: (909) 384-5122 Telephone: (909) 888-1120 10. ATTORNEYS’ FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR’s interest in this Agreement without CITY’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. 3 7.c Packet Pg. 102 Attachment: PD.APC Vet ServIncr.A1.Exhibit A.VSA (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO FOR ANIMAL SHELTER VETERINARY SERVICES This Vendor Services Agreement is entered into this _1st day of July 2017 by and between Advanced Pet Care of San Bernardino (“VENDOR”) and the City of San Bernardino (“CITY” or “San Bernardino”). 4 7.c Packet Pg. 103 Attachment: PD.APC Vet ServIncr.A1.Exhibit A.VSA (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2018 VENDOR. By: ___________________________ Its: ___________________________ Dated ____________, 2018 CITY OF SAN BERNARDINO By:___________________________ Andrea M. Miller, City Manager Approved as to Form: Gary Saenz, City Attorney By: ______________________ 5 7.c Packet Pg. 104 Attachment: PD.APC Vet ServIncr.A1.Exhibit A.VSA (5455 : VSA with Advanced Pet Care of San Bernardino and Purchase Order Increase) Consent Calendar City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Trish Rhay, Director of Public Works Arlington C. Rodgers, Jr., Senior Management Analyst Subject: Purchase Order Increase for C&W Construction Specialties, Inc. Recommendation Adopt a Resolution of the Mayor and City Council of City of San Bernardino, California, authorizing and directing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and C&W Construction Specialties, Inc. of Ventura, California, and approving an increase to Purchase Order No. 2018-333 by $47,349 for the maintenance and repair of guardrails Citywide. Background The Department of Public Works, Operations and Maintenance Division, is responsible for the operation and maintenance of the City’s infrastructure. It includes streetlights, traffic signals and signs, pavement markings, tree maintenance, right of way maintenance, refuse contract management, pavement contract management, land maintenance district management, storm drains, graffiti removal and hazmat disposal. One of the responsibilities of the Division is the maintenance and repair of roadsid e guardrails. On August 10, 2017, Purchase Order No. 2018-333 was issued to C&W Construction Specialties, Inc. for the purposes of providing guardrail repair services within the City boundaries. Discussion The Department of Public Works, Operation and Maintenance Division manages the program to repair and/or replace roadside guardrails citywide. To date the division has expended nearly all, its initial $49,999 funding and there are more guardrails in need of maintenance. Staff is requesting an additional $47,349 for the maintenance and repair of seven (7) additional locations citywide. C&W Construction Specialties, Inc. is registered with the California Department of Industrial Relations. 8.a Packet Pg. 105 Attachment: PW.C&W PO Increase Staff Report (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) Fiscal Impact Sufficient funding is available in the Adopted FY 2017/18 budget, appropriated in account number 126-400-0093-5502, Traffic Signal Maintenance. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt the Resolution, authorizing an increase to Purchase Order No. 2018-333 for the replacement and/or repair of roadside guardrails citywide. Not adopting the resolution will result in repairs to guardrails not being performed. Attachments Attachment 1 – Resolution; Exhibit “A” Attachment 2 – Job Walk Quote Ward: All Synopsis of Previous Council Actions: None 8.a Packet Pg. 106 Attachment: PW.C&W PO Increase Staff Report (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND C&W CONSTRUCTION SPECIALTIES, INC. OF VENTURA, CALIFORNIA AND APPROVING AN INCREASE TO PURCHASE ORDER NO. 2018-333 BY $47,349 FOR THE MAINTENANCE AND REPAIR OF GUARDRAILS CITYWIDE. WHEREAS, C&W Construction Specialties, Inc. was determined to be the lowest bidder for the purposes of providing guardrail maintenance and repair services Citywide, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF SAN BERNARDINO, CA LIFORNIA AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute on behalf of said City, a Vendor Services Agreement between the City of San Bernardino, California and C&W Construction Specialties, Inc. of Ventura, California, for the purposes of providing guardrail repair services Citywide, a copy is attached hereto, marked Exhibit “A”, and incorporated herein by reference as fully as though set for at length. SECTION 2. Pursuant to this determination, the Finance Director, or designee, is hereby authorized and directed to increase Purchase Order 2018-333 by $47,349 in an amount not to exceed of $97,348, for the maintenance and repair of guardrails within the City boundaries. / / / / / / / / / / / / / / / 1 8.b Packet Pg. 107 Attachment: PW.C&W PO Increase.A1. Reso (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND C&W CONSTRUCTION SPECIALTIES, INC. OF VENTURA, CALIFORNIA AND APPROVING AN INCREASE TO PURCHASE ORDER NO. 2018-333 BY $47,349 FOR THE MAINTENANCE AND REPAIR OF GUARDRAILS CITYWIDE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of San Bernardino, California at a _____________________ meeting thereof, held on the ____ day of ___________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC City Clerk The foregoing Resolution is hereby approved this __________ day of __________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:_________________________ 2 8.b Packet Pg. 108 Attachment: PW.C&W PO Increase.A1. Reso (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA AND C&W CONSTRUCTION SPECIALTIES, INC. FOR THE MAINTENANCE AND REPAIR OF GUARDRAILS CITYWIDE This Vendor Service agreement is entered into this ____ day of ______, 2018 (“Effective Date”), by and between C&W Construction Specialties, Inc. of Ventura, California (“VENDOR”) and the City of San Bernardino, California a charter city and municipal corporation (“CITY”). WITNESSETH: WHEREAS, the City maintains and repairs roadside guardrails; and WHEREAS, the guardrails are in in various stages of needed maintenance and repair, and the Mayor and City Council of San Bernardino (CITY) have determined that it is advantageous and in the best interest of the City to contract for the maintenance and repair of guardrails; and WHEREAS, after soliciting bids for the maintenance, repair and installation of the guardrails from available vendors, CITY has determined that VENDOR can best meet CITY’s needs; and WHEREAS, no official or employee of the CITY has a financial interest, within the provision of California Government Code § 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, City hereby engages the services of Vendor to repair, provide maintenance for and/or replace guardrails as set forth in Job Walk Quote (dated December 15, 2017), attached hereto, and incorporated herein as Attachment 2. Services will not be deemed complete until CITY confirms, in writing, that all products and services are in place. VENDOR shall remove and dispose of all rubbish, debris, waste, dust, or surplus materials that accumulate through the course of this Agreement. CITY may elect if required, upon written notice to VENDOR, to perform cleanup, the cost for which will be deducted from the Agreement amount. 2. COMPENSATION AND EXPENSES. 2.1 For the services delineated above, the CITY, upon presentation of an invoice, shall pay VENDOR an amount of $47,349, pursuant to the rates set forth in VENDOR’s Job Walk Quote, attached hereto, and incorporated herein as Attachment 2. 2.2 No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit “A” Page 1 of 7 8.c Packet Pg. 109 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 3. TERM; TERMINATION. Services pursuant to this Agreement shall begin upon execution of the Agreement, and must be fully completed within 120 days, but no later than June 30, 2018. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties prior to the expiration of the Agreement. 4. INDEMNITY. To the fullest extent permitted by law, VENDOR, shall defend (with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY and its elected officials, officers, employees, agents, and representatives (Indemnified Parties) from and against any and all claims, losses, costs, damages, injuries including, without limitation, injury to or death of an employee of VENDOR or its subcontractors), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, and litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of services under this Agreement by VENDOR, any subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them control. VENDOR’s duties to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the sole negligence or willful misconduct of the Indemnified Parties. The VENDOR’s indemnification obligation applies to the CITY’s “active” as well as “passive” negligence, but does not apply to the CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782. 5. INSURANCE. VENDOR shall maintain in effect policies of comprehensive public general, and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to commencing the Services provided by this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 5.1 Minimum Scope and Limits of Insurance. VENDOR shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combines single limits, per occurrence and aggregate Exhibit “A” Page 2 of 7 8.c Packet Pg. 110 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) (b) Automobile Liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limits, per occurrence and aggregate. (c) Workers compensation insurance as required by the State of California. 5.2 Certificates of Insurance. VENDOR shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by the CITY, prior to performing any services under this Agreement. 5.3 Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which VENDOR may be held responsible for payments of damages to persons or property. 6. INCONSISTENT OR CONFLICTING TERMS. This scope of the entire agreement between the parties is described in the agreement Documents. The Agreement Documents are comprised of the Job Walk Quote and any other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to VENDOR; the CITY’s written acceptance of exceptions or clarifications to the Solicitation, if any; and this Agreement including any exhibits hereto. In resolving conflicts resulting from errors or discrepancies in any of the Agreement Documents, the terms of this Agreement shall prevail over any inconsistent or conflicting provision in any other Agreement Document, including exhibits to this Agreement. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. INDEPENDENT CONTRACTOR. VENDOR, its officers, agents, and employees, while performing Services pursuant to this Agreement will be acting as independent contractors and not agents or employees of the CITY. VENDOR is responsible for and must secure, at its own expense, any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and a business license, if any are required, in connection with the services to be Exhibit “A” Page 3 of 7 8.c Packet Pg. 111 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) performed hereunder. This Agreement does not create an agency, employee partnership, or joint venture between the CITY and VENDOR. 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Any company doing business within the CITY is required to obtain a Business Registration Certificate pursuant to Title 5 of the Municipal Code and must provide a copy of its Business Registration Certificate to the CITY before commencing the Services to be provided by this Agreement. VENDOR warrants that it possesses or shall obtain, and maintain a Business Registration and any other licenses, permits, qualifications, insurance, or any other requirement legally required of VENDOR to conduct its business in the CITY. 10. PREVAILING WAGE AND LABOR CODE REQUIREMENTS. VENDOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California code of Regulations, Title 8, Section 16000, et seq., (Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and maintenance” projects. If the Services under this Agreement are performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, VENDOR agrees to comply fully with such prevailing Wage Laws. 11. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid, and addressed as follows: TO THE CITY: TO THE VENDOR: Public Works Department C&W Construction Specialties, Inc. Services Department 2419 Palma Drive 290 N. D Street Ventura, CA 93003 San Bernardino, CA 92401 Telephone: (805) 642-0204 Telephone: (909) 384-5140 12. ATTORNEYS’ FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorney’s fees, incurred by prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof the costs, salary, and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the LICENSEE shall be considered as “attorneys’ fees” for the purposes of this Agreement. Exhibit “A” Page 4 of 7 8.c Packet Pg. 112 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 13. NO THIRD PARTY BENEFICIARIES. Except as may be specifically set forth in this Agreement, none of the provisions of this Agreements are intended to benefit any third party not specifically referenced herein. No party other than CITY and VENDOR shall have the right to enforce any of the provisions of this Agreement. 14. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of the VENDOR’s interest in this Agreement with CITY’s prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 15. VENUE. The venue for any suit concerning solicitations or the Agreement, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the Superior Court for the State of California, County of San Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 16. SUCCESSORS AND ASSIGNS. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party’s successor in interest. 17. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 18. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 19. WAIVER. Exhibit “A” Page 5 of 7 8.c Packet Pg. 113 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) No failure of either CITY or VENDOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of such covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term, or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, term, or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach. 20. PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY 20.1 All information received by the CITY from the VENDOR or any source concerning this Agreement, including the Agreement itself, may be treated by the CITY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the “Public Records Act”). VENDOR understands that although all materials received by the CITY in connection with this Agreement are intended for the exclusive use of the CITY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any, part, or all of any information with the VENDOR has reasonably requested CITY to hold in confidence is made to the CITY, the CITY shall notify the VENDOR of the request and shall thereafter disclose the requested information unless the VENDOR within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides CITY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the CITY harmless in any/all actions brought to require disclosure. VENDOR waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event CITY fails to notify VENDOR of any such disclosure request and/or release any information concerning this Agreement received from the VENDOR or any other source. 20.2 Confidentiality. VENDOR acknowledges that the premises will be used by CITY for the processing and storage of confidential information protected from unlawful access and disclosure by federal, state, and local laws. CITY and its officers, agents, volunteers, and employees agree to comply with relevant federal, state, and local laws pertaining to the security and protection of such confidential information while on the premises. VENDOR agrees that it will prevent any unlawful access to or disclosure of the confidential information by VENDOR, its officers, agents, volunteers, employees, and contractors. VENDOR agrees that all entities with which VENDOR contracts to provide services on the premises will prevent any unlawful access or disclosure of the confidential information, and that said entities will agree to the same in writing. VENDOR acknowledges that any unlawful access to or disclosure of confidential information may result in the imposition of civil and criminal sanctions. 21. ENTIRE AGREEMENT; MODIFICATION. Exhibit “A” Page 6 of 7 8.c Packet Pg. 114 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) This Agreement contains all the agreements of the parties hereto with respect to any matter covered in this Agreement, and no prior agreement or understanding pertaining to such matter shall be effective for any purpose. This Agreement specifically supersedes any prior agreement between the parties related to the Property or Premises and the Parties hereby release each other from any and all claims or obligations arising thereunder. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. CITY OF SAN BERNARDINO VENDOR: By: ____________________________ by: ___________________________ Andrea M. Miller, City Manager (Name) Date: __________________________ Title: __________________________ Date: __________________________ Approved as to Legal Form: GARY D. SAENZ, City Attorney City of San Bernardino By: ______________________________ Date: ____________________________ ATTEST: By: ______________________________ Georgeann Hanna, CMC, City Clerk Exhibit “A” Page 7 of 7 8.c Packet Pg. 115 Attachment: PW.C&W PO Increase.A1.VSA (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 8.d Packet Pg. 116 Attachment: PW.C&W PO Increase.A2.Job Walk Quote (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 8.d Packet Pg. 117 Attachment: PW.C&W PO Increase.A2.Job Walk Quote (5456 : Purchase Order Increase for C&W Construction Specialties, Inc.) 9.a Packet Pg. 118 Attachment: PD.Security Guard services.REPORT (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Discussion Request for Quotes (RFQ) were issued through the formal bid process under RFQ F- 17-43 on December 5, 2017, attached hereto as Exhibit B. Bids were submitted by eight vendors; Platinum Security, Inc., was selected as the most responsible bidder by a panel of three evaluators. Fiscal Impact The proposed annual contract is $800,000 and sufficient funding is included in the proposed FY 2018/19 budget. Conclusion Adopt a Resolution authorizing the City Manager to execute an agreement between the City of San Bernardino and Platinum Security, Inc., and the Director of Finance to issue a Purchase Order to Platinum Security, Inc., effective July 1, 2018. Attachments Attachment 1 – Resolution; Exhibit A – Vendor Services Agreement Attachment 2 – RFQ #F-17-43 Attachment 3 – Platinum Security Proposal Attachment 4 – Score Sheets Ward: All Synopsis of Previous Council Actions: 7/19/17 Resolution 2017-136 adopted authorizing the issuance of an annual Purchase Order to Platinum Security, Inc., in the amount of $917,000.00, for security guard services. 3/6/17 Resolution 2017-34 adopted authorizing Amendment Number Three to the Vendor Services Agreement with Platinum Security, Inc., adding security guard services at city sites and extending the Agreement to June 30, 2018. 6/20/16 Resolution 2016-122 adopted authorizing the increase of the Purchase Order to Platinum Security, Inc., for security guard services. 6/20/16 Resolution 2016-127 adopted authorizing Amendment Number Two to the Vendor Services Agreement with Platinum Security, Inc., adding security guard services at city sites. 9.a Packet Pg. 119 Attachment: PD.Security Guard services.REPORT (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLATINUM SECURITY, INC. AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO PLATINUM SECURITY, INC. WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract for security guard services at the City Hall facilities and campus, Norman F. Feldheym Library, Howard M. Rowe Library, Paul Villaseñor Library, City parks, and City owned properties; and WHEREAS, the City did solicit and accept quotes from available vendors for security guard services per RFP F-17-43; and WHEREAS, Platinum Security, Inc., was the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The City Manager is authorized to execute an agreement between the City of San Bernardino and Platinum Security, Inc., for security guard services, attached hereto and incorporate herein as Exhibit “A”. SECTION 2. The Director of Finance is authorized to issue an annual Purchase Order to Platinum Security, Inc., in an amount not to exceed $800,000.00 effective July 1, 2018. /// /// /// /// /// /// 9.b Packet Pg. 120 Attachment: PD.Security Guard services.ATTACHMENT 1. RESO (5457 : Agreement for Security Services and Issuance of a Purchase Order to 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLATINUM SECURITY, INC., AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO PLATINUM SECURITY, INC. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a meeting thereof, held on the day of , 2018, by the following vote, to wit: COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT MARQUEZ ______ ______ ______ ______ BARRIOS ______ ______ ______ ______ VALDIVIA ______ ______ ______ ______ SHORETT ______ ______ ______ ______ NICKEL ______ ______ ______ ______ RICHARD ______ ______ ______ ______ MULVIHILL ______ ______ ______ ______ ___________________________ Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this of __ , 2018. ___________________________ R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: ____________________________________ 9.b Packet Pg. 121 Attachment: PD.Security Guard services.ATTACHMENT 1. RESO (5457 : Agreement for Security Services and Issuance of a Purchase Order to VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLATINUM SECURITY, INC., FOR SECURITY GUARD SERVICES AT SELECT CITY LOCATIONS This Vendor Services Agreement is entered into this 1st_ day of July 2018 _ by and between Platinum Security, Inc., (“VENDOR”) and the City of San Bernardino, California (“CITY” or “San Bernardino”). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract for security guard services at the City Hall facilities and campus, Norman F. Feldheym Library, Howard M. Rowe Library, Paul Villaseñor Library, City parks, and City owned properties; and WHEREAS, the City did solicit and accept quotes from available vendors for security guard services per RFP F-17-43, and WHEREAS, Platinum Security, Inc., was the lowest responsible bidder. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide services as set forth in Exhibit “A,” attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $ 800,000.00 per year. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be from July 1, 2018 through June 30, 2021, with three (3) single year renewal options for City requirements on an as-needed basis, with no guarantee usage for security guard services. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was 9.c Packet Pg. 122 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney’s fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 2 9.c Packet Pg. 123 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase TO THE CITY: TO THE VENDOR: Andrea M. Miller Joseph Rodrigues City Manager Director of Government Services City of San Bernardino Platinum Security, Inc. 290 North “D” Street 11300 W Olympic Blvd., Suite 900 San Bernardino, CA 92418 Los Angeles, CA 90064 Telephone: (909) 384-5122 Telephone: (800) 777-6205 10. ATTORNEYS’ FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR’s interest in this Agreement without CITY’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. 3 9.c Packet Pg. 124 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 4 9.c Packet Pg. 125 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLATINUM SECURITY, INC., FOR SECURITY GUARD SERVICES AT SELECT CITY LOCATIONS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2018 VENDOR. By: ___________________________ Its: ___________________________ Dated ____________, 2018 CITY OF SAN BERNARDINO By:___________________________ Andrea M. Miller, City Manager Approved as to Form: Gary Saenz, City Attorney By: ______________________ EXHIBIT A SCOPE OF SERVICES 5 9.c Packet Pg. 126 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase VENDOR will provide armed/ unarmed security guards in uniform as outlined below: City Hall Campus – • Vanir Tower – An armed security guard in uniform from 7:00am-5:30pm Monday through Thursday and an armed security guard in uniform from 7:00am-4:30pm on Friday, excluding holidays. • 201 N. E Street (South) – An armed security guard in uniform from 7:00am- 5:30pm Monday through Thursday and an armed security guard in uniform from 7:00am-4:30pm on Friday, excluding holidays. • 201 N. E Street (North) – An armed security guard in uniform from 7:00am- 5:30pm Monday through Thursday and an armed security guard in uniform from 7:00am-4:30pm on Friday, excluding holidays. An additional armed security guard in uniform from 4:00pm the end of the City Council meeting or until 10:00pm should the meeting end before 10:00pm on the first and third Wednesday of each month. • City Hall Campus Rover – An armed security guard in uniform – three (3) 8-hour shifts cover 24-hours per day Monday through Sunday. • One clearly marked security vehicle to be used by the above noted roving security guard. Night Time Patrol of Successor Agency Sites – • Two (2) armed security guards in uniform in a clearly marked security vehicle from 10:00pm-6:00am Monday through Sunday (8-hours per day) to patrol City owned properties as outlined below: Vacant Buildings 396 N. E Street (old Woolworth building) 301 N. E Street (Convention Center) Carousel Mall including parking structure Occupied Buildings 555 W. 6th Street (Feldheym Library) 780 N. E Street (Sturges Theatre) 450 N. E Street (Regal Cinema) 562 W. 4th Street (California Theatre) Parking Lots/Plazas 512 W. 5th Street Church Street/D Street Church Street/Vale 9.c Packet Pg. 127 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase 400 block N. F Street (west side of street) 450 N E Street (Regal Cinema parking lots to the south, west and north side of theater) 400 block N. D Street (west side of street) 402 N. D Street (Law Library) 300 N. D Street (City Hall parking structure, parking lot and building exterior) City Park Patrol - • Two (2) armed security guards in uniform in a clearly marked security vehicle from 7:00pm-1:00am patrolling City parks. San Bernardino Public Libraries – • Norman F. Feldheym Library - An unarmed security guard in uniform from 9:00am-6:00pm Monday through Thursday (9-hours per day) and 12:00pm- 6:00pm Saturday (6-hours per day). • Paul Villaseñor Library – An unarmed security guard in uniform from 2:00pm- 8:00pm on Monday and Tuesdays and an unarmed security guard in uniform from 9:00am-3:00pm on Wednesdays and Thursdays. • Howard M. Rowe Library – An unarmed security guard in uniform from 2:00pm- 8:00pm on Monday and Tuesdays and an unarmed security guard in uniform from 9:00am-3:00pm on Wednesdays and Thursdays. 9.c Packet Pg. 128 Attachment: PD.Security Guard services.ATTACHMENT 1.EXHIBIT A.VSA (5457 : Agreement for Security Services and Issuance of a Purchase December 5, 2017 SUBJECT: REQUEST FOR PROPOSALS (RFP) F-17-43 The City of San Bernardino (City) invites proposals from qualified vendors for: Security Guard Services Parties interested in obtaining a complete copy of this RFP F-17-43 may do so by accessing the City of San Bernardino’s website at www.sbcity.org > How Do l > Request> For Bids> Finance Department-Purchasing, beginning December 5, 2017, or by faxing their request to (909) 384-5043, attention Vanessa Slouka. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFP F-17-43. Copies of the RFP may also be obtained by calling Vanessa Slouka at (909) 384- 5346 or in person at Vanir Tower, 290 N. "D" St., 3rd Floor, Finance Department, San Bernardino, CA 92401. From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Closing Date: Proposals must be submitted at or before 3:00 PM, PST, December 20, 2017, at the address listed above. Issuance of this RFP and/or receipt of proposals does not commit the City to award a contract. Sincerely, Vanessa Slouka, Accounting Assistant 9.d Packet Pg. 129 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 2 SECTION I. INSTRUCTIONS TO PROPOSER(S) 9.d Packet Pg. 130 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 3 RFP F-17-43 Security Guard Services Bid Documents to Be Returned Title Page Cover Letter / Letter of Introduction Project Approach Project Staffing Vendor Qualifications and Project Experience Statement of Qualifications & References Statement of Past Contract Disqualifications Original Proposal Two (2) copies of Proposal Original Firm & Fixed Fee Summary Proposal Price Form/Fee Schedule in a separate SEALED envelope Vendor Form (1 original & 1 copy) Authorized Binding Signature(s) Proof of Insurance Addendum Received Listing of Proposed Subcontractor 120 Day Minimum Proposal Validity Statement Workers’ Compensation Insurance Certificate Copy of Contractor License or other appropriate Licenses where applicable General Specifications #35 Proposer(s) are requested to submit this checklist completed with all bid documents. This list may not be inclusive of all documents needed to submit your RFP. 9.d Packet Pg. 131 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 4 I. GENERAL INSTRUCTIONS TO PROPOSER(S) A. Pre-Proposal Meeting/Job Walk N/A B. Examination of Proposal Documents 1. By submitting a proposal, the proposer represents that it has thoroughly examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any proposers for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a “No Proposal” is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purc hase Order or Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. For automatic electronic notifications, please visit our website and sign-up for SBConnect. D. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFP, the Bidder shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clear ly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 9.d Packet Pg. 132 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 5 2. Submitting Requests a. With the exception of oral questions asked at any Job Walk or Pre - Bid Conference, all questions, clarifications or comments shall be put in writing and must be received by the City no later than 3:00 pm on December 13, and be addressed as follows : City of San Bernardino Vanir Tower 290 N. D St. 3rd floor, Attn: Vanessa Slouka San Bernardino, CA 92401 Slouka_va@sbcity.org To ensure fairness and avoid misunderstandings, all communications must be in written format and addressed only to the individual set forth above. Any verbal communications will not be considered or responded to. Written communications should be submitted via e -mail to the address provided above. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember or City staff other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibite d and the Proposer shall be disqualified from consideration. b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, “Not an Offer.” The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention Vanessa Slouka. c. Inquiries received after 3:00 PM December 13, 2017 will not be accepted. 9.d Packet Pg. 133 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 6 3. City Responses Responses from the City will be communicated in writi ng to all recipients of this RFP by a posting to our website, www.sbcity.org by the close of business December 18, 2017. For automatic electronic notifications, please visit our Homepage and register for SB Connect. If you are not registered for SB Connect, you may view or download any Addenda at www.sbcity.org > How Do I > Request> for Bids > City Finance Department-Purchasing. E. Submission of Proposals 1. Date and Time All proposals are to be submitted to the City of San Bernardino, Attention: Vanessa Slouka, Accounting Assistant, BEFORE 3:00 PM, PST, December 20, 2017, bids received at or after 3:00 PM will be rejected by the City as non-responsive. 2. Address Proposals shall be addressed as follows: Vanir Tower Finance Department Attn: Vanessa Slouka 290 N. "D" Street, 3rd Floor San Bernardino, CA 92401 Proposals may be delivered in person to the 1st Floor, Information Center, at the above address. 3. Identification of Proposals Proposer(s) shall submit a SEALED proposal package consisting of: a. one (1) signed original of proposer’s proposal and b. two (2) copies also c. one (1) original Price Form or Fee Schedule in a separate SEALED envelope, identified as “Fee Schedule RFP F-17- 43 , Security Guard Services The proposal package shall be a ddressed as shown above, bearing the proposer’s name and address and clearly marked as follows: RFP F-17-43 Security Guard Services 9.d Packet Pg. 134 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 7 4. Acceptance of Proposals a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any proposer(s) responding to this RFP. c. The City reserves the right to postpone proposal opening for its own convenience. d. Faxed or emailed proposals will not be accepted. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the proposer(s) in: 1. preparing its proposal in response to this RFP; 2. submitting that proposal to the City; 3. negotiating with the City any matter related to this proposal; or 4. any other expenses incurred by the proposer(s), if any, prior to date of award of the contract. The City shall not, in any event, be liable for any pre -contractual expenses incurred by proposer(s) in the preparation of its proposal. Proposer(s) shall not include any such expenses as part of its proposal. G. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award a Purchase Order. The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, and to negotiate with other than the selected proposer(s) should negotiations with the selected proposer(s) be terminated. The City also reserves the right to apportion the award among two or more proposers. A signed Vendor/Consultant Service Agreement (VSA/CSA ), along with a pre-performance meeting, outlining additional terms and conditions relating to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. 9.d Packet Pg. 135 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 8 H. Acceptance of Order The successful proposer(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Proposals, and the RFP documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written Purchase Order. I. Business License The City’s Business Ordinance requires that any business doing business with the City obtain and maintain a valid City Business Registration Certificate during the terms of the contract. Proposer(s) agrees to obtain such certificate prior to undertaking any work under this contract. J. Local Vendor Preference The City gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125 and Executive Order 2003-1, respectively. For the purposes of this section, “local bidders” shall be bidders for which the point of sale of the goods, materials, or services shall be within the City limits of San Bernardino. 9.d Packet Pg. 136 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 9 SECTION II. SCOPE OF WORK 9.d Packet Pg. 137 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 10 City of San Bernardino SPECIFICATIONS 1. Security Guard Services for the Metrolink Station 1204 W. 3rd Street, San Bernardino, CA 92405 2. Security Guard Services for the Norman F. Feldheym Central Library 555 W. 6th Street, San Bernardino, CA 92410 3. Security Guard Services for the Paul Villasenior Library 525 N. Mt. Vernon Ave., San Bernardino, CA 92411 4. Security Guard Services for the Howard M. Rowe Library 108 E. Marshall Blvd., San Bernardino, CA 92414 5. Night Time Security Guard Service of Successor Agency Sites 6. Security Guard Services for the City Hall Campus: 290 N. D St., San Bernardino, CA 92401 201 N. E St., San Bernardino, CA 92401 (South Building) 201 N. E St., San Bernardino, CA 92401 (North Building) Rover Service of City Hall Campus NOTICE: “SPECIAL INSTRUCTIONS TO THE BIDDER” The City of San Bernardino is responsible for maintaining security at the Metrolink Station and the Norman F. Feldheym Central Library. The intent of this document is to solicit proposals from highly trained and qualified vendors with experience in providing Security Guard Services. The City is looking for the most responsive and responsible vendor that will be committed to provide the best level of Security Guard Services. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for Security Guard Services. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. 9.d Packet Pg. 138 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 11 FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED Security Guard Services for locations 1 through 6 1. SCOPE Location 1: The City requires an unarmed security guard in uniform - 2 shifts – from 4:00 a.m. until 10:30 p.m. (18.5 hours per day), Monday through Saturday (until 10:30 p.m. or until the last train arrives at the station and the public safely clears the parking area, whichever comes first), and from 7:00 a.m. until 6:30 p.m. (11.5 hours) on Sunday. Location 2: The City requires an unarmed security guard in uniform from 9:00 a.m. until 6:00 p.m., Monday through Thursday (9 hours per day), and 12:00 p.m. until 6:00 p.m., Saturday (6 hours per day). The Norman F. Feldheym Central Library is closed on Fridays and Sundays. Location 3: The City requires an unarmed security guard in uniform from 2:00 p.m. until 8:00 p.m., Monday and Tuesday (6 hours per day), and 9:00 a.m. until 3:00 p.m., Wednesday and Thursday (6 hours per day). The Paul Villasenior Library is closed on Friday through Sunday. Location 4: The City requires an unarmed security guard in uniform from 2:00 p.m. until 8:00 p.m., Monday and Tuesday (6 hours per day), and 9:00 a.m. until 3:00 p.m., Wednesday and Thursday (6 hours per day). The Howard M. Rowe Library is closed on Friday through Sunday. Location 5: The City requires two armed security guards in uniform from 10:00 p.m. until 6:00 a.m., Monday through Sunday (8 hours per day). All Successor Agency properties are located in the City of San Bernardino. Location 6: The City requires an armed security guard in uniform at four locations within the City Hall Campus: 290 N. D Street – 2 shifts – from 7:00 a.m. until 7:00 p.m. (12 hours per day), Monday through Friday, excluding holidays; 201 N. E Street (South Building) – 2 shifts – from 6:30 a.m. until 6:30 p.m. (12 hours per day), Monday through Friday, excluding holidays; 201 N. E Street (North Building) – 2 shifts – from 6:00 a.m. until 6:30 p.m. (12.5 hours per day), Monday through Friday, excluding holidays; and City Hall Campus rover – 3 shifts (24 hours per day) Monday through Sunday. 2. REQUIREMENTS Locations 1 through 6: The security guards provided shall be properly licensed through the State of California The security guards provided will have the necessary training, ability, and Supervisor oversight to perform all of the proposed duties, and shall always maintain a neat and professional appearance. 9.d Packet Pg. 139 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 12 The security guards will always conduct themselves with a professional respectful attitude and demeanor in any interaction with the public or City staff. The security guard on duty shall always have the means on their person to contact all emergency services as required, fire, police, or ambulance. Either through radio or cell phone. Location 1: One golf cart is to be provided and used by the guards Locations: 5 and 6 Two clearly marked security vehicles are to be provided and used by the guards. 3. UNIFORM Locations 1 through 6: The security guard will wear a clean and pressed police style uniform acceptable to the City for each shift. 4. DUTIES Location 1: Provide surveillance of the property and secure the Metrolink platform and site from incidents. Ensure the Metrolink gate to the platform is closed, as safety to the public requires. Monitor and observe all vehicles within the parking areas to include the parking structure. Provide foot patrols of the property and parking areas on an irregular basis, but at least a minimum of three (3) times per hour. Immediately notify the San Bernardino Police Department of irregularities or criminal activity. Location 2 through 4: Provide surveillance of the property and secure the Library from incidents. Provide foot patrol of the Library building on an irregular basis as directed by the Police Department, and immediately notify the San Bernardino Police Department of irregularities or criminal activity. Location 5: Provide mobile surveillance of successor agency properties and secure these properties from incidents to include foot patrols of the properties and parking areas on an irregular basis. Immediately notify the San Bernardino Police Department of irregularities or criminal activity. 9.d Packet Pg. 140 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 13 Location 6: Provide surveillance of the property and secure the Campus from incidents. Provide foot patrol of the buildings within the City Hall Campus on an irregular basis as directed by the Police Department, and immediately notify the San Bernardino Police Department of irregularities or criminal activity. Provide mobile surveillance of City Hall Campus properties and secure these properties from incidents to include foot patrols of the properties and parking areas on an irregular basis. Immediately notify the San Bernardino Police Department of irregularities or criminal activity. Pick up daily batches from various City Departments Monday through Friday. Locations 1 through 6: Document on a daily basis a log of activities, incidents, and interactions, either with public, Supervisor, City personnel, or emergency services on a report format acceptable to the City of San Bernardino. 5. SECURITY GUARD COMPANY SHALL: Locations 1 through 6: Provide the necessary training and supervision for each security guard proposed for each location. Ensure the security guards assigned to each location are neat and professional in appearance, and conducts themself with a professional, respectful attitude and demeanor in any interaction with the public or City staff. Provide sufficient unscheduled Supervisor visits to the site to monitor and ensure the duties are being properly executed. Provide a golf cart for Location 1. Provide clearly marked security vehicles for Locations 5 and 6. Review the daily security guard log/report and submit copies of each to the San Bernardino Police Department on a biweekly basis. Maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the City’s Risk Manager prior to undertaking any work. 9.d Packet Pg. 141 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 14 The City shall be set forth as an additional named insured in each policy of insurance provided. The Certificate of Insurance furnished to the City shall require that insurer to notify the City at least 30-days prior to any change in or termination of the policy Accommodate and prioritize with existing armed guards. Said guards have fluctuating schedules. 6. SECURITY PROPOSAL SHALL INCLUDE: An addressing of the above requirements point by point. A total annual cost based upon the above number of desired hours and days of service. An hourly cost breakdown for the security guard’s hours for regular time, time and a half, and double time. All associated overhead, benefits, and supervision are to be included in the hourly rate. A list of any days of the year when service is unavailable, or will cost the City of San Bernardino above and beyond regular time hourly rates. List the certifications or any specific training that the proposed security guard and their supervisors will hold. The minimum requirements for the guard and supervisor are as follows: Mandatory Courses Pursuant to Business and Professions Code Section 7583.6(b) the following outline includes subjects that shall be taught and the maximum number of hours that will be allowed for completion of the Mandatory Courses A. Public Relations (Community & Customer) – 4 hours B. Observation & Documentation – 4 hours C. Communication and Its Significance – 4 hours D. Liability/Legal Aspects – 4 hours 7. REFERENCE LIST Provide three (3) local government agencies (and/or companies) your firm has worked for recently, along with current contact references that support your ability to provide Security Guard Services. 9.d Packet Pg. 142 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 15 8. CONTRACT LENGTH The length of this contract shall be for three (3) years with (2) single year renewable options. 9. LICENSES The Vendor represents that it has all licenses including a State license from the Bureau of Security & Investigative Services, permits, qualifications and approvals of whatever nature that are legally required to provide security guard services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. 10. CONTRACTOR NON-COMPLIANCE A. If the Chief of Police for the San Bernardino Police Department, or his designee, determines that there are deficiencies in the performance of this Agreement, the Chief of Police, or his designee, will provide a written notice to the Vendor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Chief of Police, or his designee, to correct the specified deficiencies. B. Should the Vendor fail to correct any deficiencies within the stated time frame, the Chief of Police, or his designee, may exercise any of the following measures or a combination thereof: 1. Impose a deficiency deduction and deduct from the Vendor’s payment the amount necessary to correct the deficiency, including City overhead costs. 2. Withhold the entire or partial payment. 3. Terminate the contract. 9.d Packet Pg. 143 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 16 SECTION III. BID CONTENT AND FORMS 9.d Packet Pg. 144 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 17 Bid Contents and Forms Effective on July 1, 2018 through June 30, 20 21, plus two (2) single- year renewal options, at the City’s discretion. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes / No (circle one). If you answered “Yes,” please provide detail of said additional costs: Please indicate any elements of the Proposal Specifications that cannot be met by your firm. Have you included in your proposal all informational items and forms as requested? Yes / No (circle one). If you answered “No,” please explain: This offer shall remain firm for 120 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this proposal, proposer(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda t o this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. 9.d Packet Pg. 145 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 18 Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: FIRM NAME: ADDRESS: Phone: Email: Fax: Authorized Signature: Print Name: Title: IF SUBMITTING A "NO PROPOSAL," PLEASE STATE REASON (S) BELOW: 9.d Packet Pg. 146 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 19 SECTION IV. GENERAL EVALUATION CRITERIA 9.d Packet Pg. 147 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to 9.d Packet Pg. 148 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to IV. GENERAL EVALUATION CRITERIA A. Evaluation Criteria 1. Capabilities of Firm to Effectively Complete the Project Requirements - 35% Depth of proposer’s understanding of, and ability to manage, City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of Firm/Related Experience - 45% Experience in providing services similar to those requested her ein; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of subcontractors; assessment by client references; qualifications of project staff; key personnel’s level of involve ment in performing related work; logic of project organization; adequacy of labor commitment. 3. Reasonableness of Cost and Price - 10% Reasonableness of the individual firm -fixed prices and competitiveness of quoted prices with other proposals received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 5% Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements which the proposer(s) cannot or will not accommodate; other relevant factors not considered elsewhere. 5. Local Vendor Preference - 5% As approved in Executive Order 2003 -01--proposer(s) which possess a fixed office or distribution point with at least one owner or employee located within the City of San Bernardino, and possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contrary to the requirements mandated by the funding source for such contractual services such as the Federal Government or other source which requires award to the lowest responsible proposer(s).] 9.d Packet Pg. 149 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 22 B. Evaluation Procedure All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the proposals. During the evaluation period, the City may require an on-site visit and/or tour of the proposer(s)’s place of business. Proposer(s) should be aware, however, that award may be made without vendor visits, interviews, or further discussions. C. Award Depending on the dollar amounts of the offers received, City staff will either select the vendor best meeting the above -specified criteria or submit to City Council, for consideration and selection, the offer(s) judged by staff to be the most competitive. The City reserves the right to withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any proposer(s) responding to this RFP. The City expressly reserves the right to postpone proposal opening for its own convenience, to waive any informality or irregularity in the proposals received, and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. The City also reserves the right to award its total requirement among two or more proposers as City staff may deem to be in its best Interests. In addition, negotiations may or may not be conducted with proposer(s); therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any proposer(s). D. Tie Proposals If the final evaluation scores (after applying the local preference allowance) result in a tie score, the recommendation for award will be given to the local vendor. E. Notification of Award Proposer(s) who submit a proposal in response to this RFP shall be notified regarding the firm(s) who was awarded the contract. Such notification shall be made within a reasonable time after the date the contract is awarded. 9.d Packet Pg. 150 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 23 SECTION V. GENERAL SPECIFICATIONS 9.d Packet Pg. 151 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 24 V. GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Proposal (RFP) Number F-17-43. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional bids, or those that take exception to the RFP specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any an d all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy b asis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer’s responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. “Seconds”, factory rejects, and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer’s and/or dealer’s warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall f urnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective October 1, 2017) computed at the rate of 8.0%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All “standard equipment” is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as “standard” equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 9.d Packet Pg. 152 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 25 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extrem ely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City’s sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in complete accordance with all provisions of RFP No. F-17-43. In most cases the basis of award will be the City’s standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of Californ ia. 21. One Document. These specifications, the notice inviting bids, RFP F-17-43 , the Contractor’s bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall b e performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Vanessa Slouka at 909-384-5346. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 9.d Packet Pg. 153 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 26 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid. Deliver all bids, SIGNED and SEALED, to the Purchasing Division, Finance Department at 290 North “D” Street, 3rd Floor, Vanir Tower, San Bernardino, California 92401. CLEARLY MARK THE RFP SPECIFICATION TITLE: Security Guard Services and Number F-17-43 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, December 20, 2017, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received af ter that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing bod y, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor’s performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City’s willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the City’s Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to t he City if said policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. The Contractor will be required to furnish a cashier’s check, certified check or faithful performance bond / bid bond made payable to the City of San Bernardino in an amount equal to 100% / 10% of the bid price to insure the contractor’s faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best’s most recent insurance guide of “A” or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFP. 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one- year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response . Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 9.d Packet Pg. 154 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 27 36. Once the award has been made and prior to the commencement of the job, the City’s Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 9.d Packet Pg. 155 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 28 SECTION VI. VII. INSURANCE 9.d Packet Pg. 156 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 29 Coverage. Coverage shall be at least as broad as the following: a. Commercial General Liability. Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001). This coverage shall include: i. Manufacturers and Contractors liability, ii. Broad form property damage in any case where the Contractor has any property belonging to the City in the Contractor’s care, custody, or control, iii. Owners and Contractors’ protective liability, iv. Blanket contractual liability, v. Products and completed operations coverage, and vi. Coverage for collapse, explosion, and excavation. b. Automobile Liability. Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). This coverage shall include: i. Coverage for owned, non-owned, and hired automobiles Limits. The Contractor shall maintain limits no less than the following: a. Commercial General Liability. One million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for bodily injury (including death), personal injury and property damage, unless otherwise authorized by the City’s Risk Manager, or his designee. If Commercial General Liability insurance or other form with a general aggregate limit or products-completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the work (with the ISO CG 2503, or ISO CG 2504, or insurer’s equivalent endorsement provided by the City) or the general aggregate limit and products-completed operations aggregate limit shall be twice the required occurrence limit. b. Automobile Liability. One million dollars ($1,000,000) per occurrence for bodily injury (including death), and property damage for each accident/incident, unless otherwise authorized by the City’s Risk Manager, or his designee. c. No Limitation on Indemnification. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligation. 9.d Packet Pg. 157 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 30 Required Provisions. a. Policies shall include premises/operations, products, completed operations, independent contractors, owners and contractors’ protection, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage. b. The policy shall be endorsed to waive any right of subro gation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract. c. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City. d. The policy shall include the following provision: “Solely as respects WORK done by and on behalf of the named insured for the City of San Bernardino, it is agreed that the City of San Bernardino and its officers, employees and agents are added as additional insured under this policy." e. If policies are written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the project. The retroactive date of the coverage must also be listed. Expiration, Cancellation or Material Change. The policies shall not be canceled unless thirty (30) days prior written notification of intended expiration, cancellation or material change has been given to the City of San Bernardino by certified or registered mail. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City of San Bernardino. The City reserves the right to either approve, reduce, or eliminate such deductibles or self-insured retentions. 9.d Packet Pg. 158 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to RFP F-17-43 Security Guard Services 31 WORKERS' COMPENSATION / EMPLOYER’S LIABILITY INSURANCE General. The Contractor and all subcontractors shall insure (or be self-insured), under the applicable laws relating to workers’ compensation insurance, all of their employees performing the work, in accordance with the “Workers’ Compensation and Insurance Act", Division IV of the Labor Code of the State of California and any Acts amending thereof. Insurance Requirements. a. Secure and Maintain Insurance. Prior to City’s execution of the Agreement, Contractor shall secure, and shall thereafter maintain without lapse of coverage until completion of the Contract such workers’ compensation and/or employer’s liability insurance. b. Provide Certificates of Insurance. Prior to the City’s execution of the Agreement, Contractor shall submit an original certificate of insurance, or self - insurance, to the City verifying that Workers’ Compensation insurance is in effect in the required limits with the required provisions as stated below, or that Contractor is self-insured for such coverage. If Contractor has no employees, a certified statement to that affect shall be submitted to the City, acknowledging that if Contractor does employ an y person a certificate of insurance shall be submitted as provided in this section. c. Workers’ Compensation Certification. Contractor shall comply with Labor Code Section 1861. Proper Insurance Company. All worker’s compensation/employer’s liability insurance shall be issued by an insurance company or companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class VII or larger. Limits. Statutory limits are required for Workers’ Compensation. Employer’s Liability shall be no less than one million dollars ($1,000,000). Required Provisions. a. The policy shall be endorsed to waive any right of subrogation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract. 9.d Packet Pg. 159 Attachment: PD.Security Guard services.ATTACHMENT 2.RFP (5457 : Agreement for Security Services and Issuance of a Purchase Order to 9.e Packet Pg. 160 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 161 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 162 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 163 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 164 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 165 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 166 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 167 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 168 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 169 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 170 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 171 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 172 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 173 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 174 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 175 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 176 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 177 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 178 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 179 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 180 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 181 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 182 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 183 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 184 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 185 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 186 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 187 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 188 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 189 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 190 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 191 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 192 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 193 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 194 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 195 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 196 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 197 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 198 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 199 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 200 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 201 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 202 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 203 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 204 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 205 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 206 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 207 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 208 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 209 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 210 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 211 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 212 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 213 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 214 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 215 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 216 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 217 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 218 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 219 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 220 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 221 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 222 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 223 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 224 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 225 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 226 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 227 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 228 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 229 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 230 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 231 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 232 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 233 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 234 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 235 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 236 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 237 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 238 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 239 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 240 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 241 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 242 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 243 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 244 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 245 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 246 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 247 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 248 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 249 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 250 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 251 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 252 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 253 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 254 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 255 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 256 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 257 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 258 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 259 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 260 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 261 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 262 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 263 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 264 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 265 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 266 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 267 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 268 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 269 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 270 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 271 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 272 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 273 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 274 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 275 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 276 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 277 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 278 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 279 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 280 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 281 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 282 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 283 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 284 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 285 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 286 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 287 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 288 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 289 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 290 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 291 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 292 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 293 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 294 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 295 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 296 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 297 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 298 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 299 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 300 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 301 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 302 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 303 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 304 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 305 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 306 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 307 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 308 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 309 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 310 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 311 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 312 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 313 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 314 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 315 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 316 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 317 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 318 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 319 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 320 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 321 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 322 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 323 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 324 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 325 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 326 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 327 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 328 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 329 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.e Packet Pg. 330 Attachment: PD.Security guard services.ATTACHMENT 3.Platinum proposal (5457 : Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc.) 9.f Packet Pg. 331 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 332 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 333 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 334 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 335 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 336 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 337 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 338 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 339 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 340 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 341 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 9.f Packet Pg. 342 Attachment: PD.Security guard services.ATTACHMENT 4.Score sheets (5457 : Agreement for Security Services and Issuance of a Purchase 10.a Packet Pg. 343 Attachment: PD-PublicSafetyInnovation.report (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and Execution of bidder, which was Public Safety Innovation, Inc. (PSI). PSI has been contacted and verified that the bid submitted in August 2017 is still valid. Fiscal Impact Funding for the project is available through grant funding included in the Adopted FY 2017/18 Budget. Grant funds from the FY 2017 Edward Byrne Memorial JAG grant are included in the City’s adopted budget. Conclusion It is recommended that the Mayor and City Council adopt a resolution authorizing the Director of Finance to issue a Purchase Order to Public Safety Innovation, Inc., in the amount of $59,000 and authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino, California, and Public Safety Innovation, Inc. Attachments Attachment 1 – Resolution Attachment 2 – RFP F-17-29 Exhibit A – Vendor Service Agreement Ward: Synopsis of Previous Council Actions: October 4, 2017 Resolution 2017-185 adopted approving a purchase order and vendor services agreement with Universal Specialty Vehicles, Inc. 10.a Packet Pg. 344 Attachment: PD-PublicSafetyInnovation.report (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and Execution of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO PUBLIC SAFETY INNOVATION, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND PUBLIC SAFETY INNOVATION, INC. WHEREAS, the City of San Bernardino, California received 2016 JAG grant funds in the amount of $154,574.00 for the purpose of enhancing law enforcement services; and WHEREAS, the FY2017-2018 Adopted budget includes sufficient funding for the requested purchase; and WHEREAS, Request For Quotes for the Mobile Command Post improvements was issued on July 24, 2017; and WHEREAS, the lowest bidder was selected but closed their business before the contract could be completed; and WHEREAS, the City of San Bernardino, California, is authorized to use the best qualified bidder from RFQ F-17-29. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute a Vendor Services Agreement between the City of San Bernardino, California, and Public Safety Innovation, Inc., attached hereto and incorporated herein as Exhibit “A.” SECTION 2. The Director of Finance is authorized to issue a Purchase Order to Public Safety Innovation, Inc., in the amount of $59,000.00. 1 10.b Packet Pg. 345 Attachment: PD-PublicSafetyInnovation.Attach1. Reso (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO PUBLIC SAFETY INNOVATION, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND PUBLIC SAFETY INNOVATION, INC. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino, California, at a ______________________________ meeting thereof, held on the _____ day of ________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 2 10.b Packet Pg. 346 Attachment: PD-PublicSafetyInnovation.Attach1. Reso (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC SAFETY INNOVATION, INC., FOR COMMAND POST REFURBISHMENT AND REPAIRS This Vendor Services Agreement is entered into this day of by and between Public Safety Innovation, Inc. (“VENDOR”) and the City of San Bernardino (“CITY” or “San Bernardino”). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract the refurbishment and repairs of the 2001 Bluebird Motorhome used as a Mobile Command Post with Public Safety Innovation, Inc.; and WHEREAS, the City did solicit and accept quotes from available vendors for refurbishment and repairs per RFP F-17-29; and WHEREAS, Public Safety Innovation, Inc. was best qualified bidder. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. The scope of services shall be the Command Post Vehicle refurbishment and repairs on a 2001 Bluebird Motorhome per quote on RFQ F-17-29, attached hereto as Attachment 1. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $ 59,000.00 for materials & labor. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or 1 10.c Packet Pg. 347 Attachment: PD-PublicSafetyInnovation.Attach1.Exhibit A (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney’s fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 10.c Packet Pg. 348 Attachment: PD-PublicSafetyInnovation.Attach1.Exhibit A (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and TO THE CITY: TO THE VENDOR: Andrea M. Miller Chuck Shuler, P.E. City Manager President/CEO City of San Bernardino Public Safety Innovation, Inc. 290 North “D” Street 9910 Horn Rd, #1 San Bernardino, CA 92418 Rancho Cordova, CA 95827 Telephone: (909) 384-5122 Telephone: (916) 952-0101 10. ATTORNEYS’ FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR’s interest in this Agreement without CITY’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 10.c Packet Pg. 349 Attachment: PD-PublicSafetyInnovation.Attach1.Exhibit A (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2018 VENDOR. By: ___________________________ Its: ___________________________ Dated ____________, 2018 CITY OF SAN BERNARDINO By:___________________________ Andrea M. Miller, City Manager Approved as to Form: Gary Saenz, City Attorney By: ______________________ 10.c Packet Pg. 350 Attachment: PD-PublicSafetyInnovation.Attach1.Exhibit A (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and M E M O R A N D U M DATE: March 15, 2018 TO: Eric Fyvie, Police Department FROM: Vanessa Slouka, Accounting Assistant SUBJECT: RFQ F-17-29 Command Post Vehicle Refurbishment & Repairs Attached, please find the proposed schedule and final draft for the subject RFQ. Please review these documents as a whole, and forward your signature, concurrence/comments no later than 3:00 pm, July 17, 2017. Please email or call me with any questions at ext. 5346. ________________________________________________________________ 1. Issue RFQ July 24, 2017 2. Advertise in Sun July 24, 2017 3. Mandatory Pre-Proposal Mtg & Job Walk August 1, 2017 4. Written Questions from Vendors due August 3, 2017 5. Responses Due from City August 8, 2017 6. Proposals Due August 14, 2017 @ 3:00 PM, PST 7. RFQ Evaluation and Negotiations To Be Determined 8. Vendor Selection To Be Determined 9. Request for Council Action Due To Be Determined 10. Council Approval To Be Determined 11. Vendor Award To Be Determined --------------------------------------------------------------------------------------------------------- I concur with the RFQ as written / with the attached comments (circle one). Grant Funded? Yes / No (circle one) X Dept. Signature Date Signed X Grant Authorization Signature Date Signed 10.d Packet Pg. 351 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and BID DATA SHEET Department: Police Department RFP / RFQ # F-17-29 Description: Command Post Vehicle Refurbishment & Repairs Bid Issue (advertisement) Date: 07/24/17 Bid Due Date: 08/21/17 Methods of Public Advertisement: The SB County Sun SB Area Chamber of Commerce (SBACC) City of SB Website & SB Connect “Notice Inviting Bids / Proposals” sent by Purchasing: Fax Email US Postal Service – Certified Mail Local Vendors (within SB City Limits): 00 Non-Local Vendors: 01 Total Vendors 01 Number of Bids / Proposals Received: Local Vendors (within SB City Limits): 00 Non-Local Vendors: 02 Total Bid Packages Received: 02 # of Vendors who declined to bid (No Bid): 00 Prepared by: Vanessa Slouka Date: 08/22/17 10.d Packet Pg. 352 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and Police Department RFQ F-17-29 3:00 PM, PST ITEMS/CATEGORY VENDORS DESCRIPTION 1 2 3 Public Safety Innovations Universal Specialty Command Post Vehicle Refurbishment Vehicles Inc. and Repairs Sacramento, Ca.Perris, Ca. 1 DRIVER DOOR LOCK 108.00 240.00 2 Labor cost to Remove and Replace 255.00 190.00 3 REPAIR WINDOW 405.00 600.00 4 Labor cost to remove and replace window and weather stripping.425.00 190.00 5 MINI BLINDS FOR ENTRY DOOR 202.50 65.00 6 Labor cost Remove and Replace. 170.00 190.00 7 POCKET DOOR & HARDWARE 810.00 450.00 8 Labor cost to Remove and Replace 680.00 1,520.00 9 A&E WEATHER PRO AWNING 3,881.25 1,800.00 10 Labor cost to Remove and Replace 1,615.00 1,520.00 11 WINEGUARD IN-MOTION ANTENNA 2,025.00 2,000.00 12 Labor to Remove and Replace 510.00 1,520.00 13 TOILET 364.50 250.00 14 Labor cost to Remove and Replace 425.00 380.00 15 GRAPHICS 9450.00 9,377.55 16 DRIVER COMPARTMENT LED LIGHT 162.00 120.00 17 Labor cost to Remove and Replace 340.00 95.00 18 HNT CLOSET SHELVES 364.50 125.00 19 Cost of labor 510.00 190.00 Opened and announced by Vanessa Slouka Recordered by Art Torres Police Department RFQ F-17-29 3:00 PM, PST ITEMS/CATEGORY VENDORS BID SUMMARY SHEET 10.d Packet Pg. 353 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to DESCRIPTION 1 2 3 Public Safety Innovations Universal Specialty Command Post Vehicle Refurbishment Vehicles Inc. and Repairs Sacramento, Ca.Perris, Ca. 20 TRI VIEW BACK UP CAMERA 1,215.00 1,040.00 21 Labor cost to Remove and Replace. 1,020.00 1,520.00 22 32” EXTERIOR VIEWABLE HDTV WITH DOOR TO ENCLOSE TV 1,282.00 2,560.00 23 Labor cost to Remove and Replace 2,465.00 1,900.00 24 Labor to fabricate custom door.5,400.00 1,520.00 25 REAR EMERGENCY DIRECTIONAL 1,012.50 2,500.00 26 Labor cost to Remove and Replace 510.00 27 REAR TAIL LIGHTS CASTING CAST 3 540.00 490.00 28 Labor cost to Remove and Replace 255.00 29 REAR TAIL LIGHTS 600 SERIES 1,012.50 1,170.00 30 Labor cost to Remove and Replace 340.00 31 REAR BACK UP LIGHTS 675.00 446.00 32 Labor cost to Remove and Replace 255.00 33 EMERGENCY LIGHTS 1,377.00 1,182.00 34 Labor cost to Remove and Replace 765.00 35 BACK WALL LIGHTS 985.50 1,160 36 Labor cost to Remove and Replace 127.50 37 SIDE WALL LIGHTS M9LZC 1,971.00 2,320 38 Labor cost to Remove and Replace 425.00 Opened and announced by Vanessa Slouka Recordered by Art Torres Police Department 3:00 PM, PST ITEMS/CATEGORY 548 VENDORS DESCRIPTION 1 2 3 Public Safety Innovations Universal Specialty 10.d Packet Pg. 354 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Command Post Vehicle Refurbishment Vehicles Inc. and Repairs Sacramento, Ca.Perris, Ca. 39 SIDE WALL 70 SERIES LIGHTS 918.00 788.00 40 Labor cost to Remove and Replace 340.00 41 FRONT WALL LIGHTS SERIES 70 459.00 394.00 42 Labor cost to Remove and Replace 127.50 43 FRONT WALL LIGHTS SERIES 40 918.00 548.00 44 Labor cost to Remove and Replace 255.00 45 FRONT LIGHT BAR 3,780.00 2,500.00 46 Labor cost to Remove and Replace 680.00 8,550.00 47 20 AMP BREAKER & SUPPLIES 472.50 250.00 48 Labor cost to Remove and Replace 850.00 760.00 Subtotal 53,135.75 52,420.55 Local Vendor ?N N 5% local vendor preference Total:53,135.75$ 52,420.55$ -$ Opened and announced by Vanessa Slouka Recordered by Art Torres 10.d Packet Pg. 355 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to 10.d Packet Pg. 356 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to 10.d Packet Pg. 357 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 10.d Packet Pg. 358 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 10.d Packet Pg. 359 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 10.d Packet Pg. 360 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 10.d Packet Pg. 361 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 1 July 24, 2017 SUBJECT: NOTICE INVITING BIDS (RFQ) F-17-29 The City of San Bernardino (City) invites bids from qualified vendors for: Command Post Vehicle Refurbishment and Repairs Parties interested in obtaining a copy of this RFQ F-17-29 may do so by accessing the City of San Bernardino Web Page at www.sbcity.org > How Do I > Request> for Bids > City Finance Department-Purchasing beginning July 24, 2017 or by faxing their request to (909) 384-5043, attention Vanessa Slouka, Accounting Assistant. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFQ F-17-29. Copies of the RFQ may also be obtained by calling Vanessa Slouka at (909) 384-5346 or in person at Vanir Tower, 290 N. "D" St., San Bernardino, CA 92401. From the issuance date of this Request for Bid until a Vendor is selected and the selection is announced, Proposers are not permitted to communi cate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Mandatory Pre-Bid Job walk: A mandatory Pre-Bid job walk will be held on August 1, 2017, at 10:00 A.M. at 710 N. “D” St. San Bernardino, Ca. 92401. This meeting is to serve as a pre-bid review for prospective bidders. All prospective bidders must attend the entire Pre-Bid Conference/Job Walk to be eligible to bid on this project. Closing Date: Bids must be submitted before 3:00 PM, PST, August 14, 2017 at 290 North “D” Street 3rd Floor, Finance Department, San Bernardino, CA 92401. Issuance of this RFQ and/or receipt of bids do not commit City to award a contract. Sincerely, Vanessa Slouka Accounting Assistant 10.d Packet Pg. 362 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 2 SECTION I. INSTRUCTIONS TO BIDDERS 10.d Packet Pg. 363 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 3 City of San Bernardino, Finance Department Purchasing Division Bid Documents to Be Returned by Bidder RFQ F-17-29 Command Post Vehicle Refurbishment and Repairs Bidder Experience, Competency, Qualification and Profile (Vendor Document) III Bid Content and Forms Cost / Price Form (City Form) III Bid Content and Forms Authorized Signatures Bidder Identification III Bid Content and Forms Addendum Received (City Form) III Bid Content and Forms 120 Day Bid Validity Statement III Bid Content and Forms Authorized Signatures (City Form) III Bid Content and Forms References III Bid Content and Forms Proper Identification and Submittal of Proposal/Bid Package, and Price Form Instructions to Bidders Copy of Manufacturer’s and/or dealer warranty and/or guarantee (if applicable) VI General Specifications #10 Bidders are requested to submit this checklist completed with all bid documents. This list may not be reflective of all documents necessary for submittal. 10.d Packet Pg. 364 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 4 I. INSTRUCTIONS TO BIDDERS A. Pre-Bid Conference/Job Walk A mandatory Pre-Bid Job walk will be held on August 1, 2017, at 10:00 A.M., at 710 N. “D” St. Police Department San Bernardino, California 92401. This meeting is to serve as a pre-bid review for prospective bidders. Late arrivals will not be accepted. B. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a “No Bid” is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be inc orporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 3:00 PM, August 3, 2017 and emailed or faxed to: Vanessa Slouka: Slouka_va@sbcity.org Fax: (909)384-5043 b. The fax cover sheet or email Subject line of all requests for clarifications, questions and comments must be clearly labeled, “Not an Offer.” The City is not responsible for failure to respond to a request that has not been labeled as such. c. Inquiries received after 3:00 PM August 3, 2017 will not be accepted. 10.d Packet Pg. 365 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 5 3. City Responses Responses from the City will be communicated in writi ng to all recipients of this RFQ, by a posting to our website, www.sbcity.org by the close of business August 8, 2017. For automatic electronic notifications, please visit our Homepage and register for SB Connect. If you are not registered for SB Connect, you may view or download any Addenda at www.sbcity.org > How Do I > Request> for Bids > City Finance Department-Purchasing. D. Submission of Bids 1. Date and Time All bids are to be submitted to the City of San Bernardino, Attention: Vanessa Slouka, Accounting Assistant, BEFORE 3:00 PM, PST, August 14, 2017, bids received at or after 3:00 PM will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: Vanir Tower Finance Department 290 N. D St. 3rd Floor San Bernardino, CA 92401 Bids may be delivered in person to the above address. 3. Identification of Bids Bidder shall submit a SEALED bid package consisting of: a) one (1) signed original of Quote and Price Form b) two (2) copies of each The bid package shall be addressed as shown above, bearing the Bidder’s name and address and clearly marked as follows: RFQ F-17-29: “Command Post Vehicle Refurbishment and Repairs” 10.d Packet Pg. 366 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 6 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone bid opening for its own convenience. E. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre -contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. F. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening fo r its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. 10.d Packet Pg. 367 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 7 G. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. H. Business License The City’s Business Ordinance requires that a Business doing b usiness with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. I. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractua l services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003 -1, respectively. For the purposes of this section, “local bidders” shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. 10.d Packet Pg. 368 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 8 SECTION II. TECHNICAL SPECIFICATIONS 10.d Packet Pg. 369 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 9 City of San Bernardino TECHNICAL SPECIFICATIONS Command Post Vehicle Refurbishment and Repairs. NOTICE : “SPECIAL INSTRUCTIONS TO THE BIDDER” Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State “As Specified” if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I QTY ACCEPTABLE / AS SPECIFIED 1. DRIVER DOOR LOCK Front entry door does not lock and secure properly. Replace locking mechanism. Labor cost to Remove and Replace. 1 2. REPAIR WINDOW Window is cracked. Labor cost to Remove and Replace window and weather stripping. 1 3. MINI BLINDS FOR ENTRY DOOR Window blinds are damaged. Labor cost Remove and Replace. 4. POCKET DOOR & HARDWARE Mid and Rear pocket doors damaged. Do not open and close properly. Labor cost to Remove and Replace 1 10.d Packet Pg. 370 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 10 Description Qty ACCEPTABLE / AS SPECIFIED 5. A&E WEATHER PRO AWNING (EXACT SIZE TO BE DETERMINED) Remove existing awning, Replace with powered awning Labor cost to Remove and Replace and run electrical power to new awning and new switch. 1 6. WINEGUARD IN-MOTION ANTENNA Labor to Remove and Replace existing antenna. Bid to include all delivery/freight costs associated with delivery of all project material to the Police Department. 1 7. TOILET Labor cost to Remove and Replace Toilet 1 8. GRAPHICS REPAIR OF RIGHT SIDE UPPER DRIP RAIL,REPAIR OF RIGHT SIDE REAR DOOR CREASE,REPAIR OF ENTRY DOOR LOWER PANEL,REMOVE/REPLACE RIGHT SIDE FRONT LOWER BUMPER RUBBER,REPAIR OF REAR CAP,REFINISH RIGHT SIDE READ UPPER AT DRIP RAIL, REFINISH LOWER BLACK TO ORIGINAL SCHEME, REFINISH UPPER BLACK STRIPE,PREP AND PRIME AS NEEDED,COVER FOR OVERSPRAY,AND PAINT MATERIAL EXEL PRO SINGLE STAGE. 1 10.d Packet Pg. 371 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 11 Description Qty ACCEPTABLE / AS SPECIFIED 9. DRIVER COMPARTMENT LED LIGHT Install new overhead LED light. Labor cost to Remove and Replace 1 10. HNT CLOSET SHELVES Install new shelves in closet. Labor cost to add shelves to existing closet. DIMENSIONS: Measurements to be taken by vendor during jobwalk 3 11. TRI VIEW BACK UP CAMERA Remove existing camera. Labor cost to Remove and Replace. 1 12. 32” EXTERIOR VIEWABLE HDTV 32” Exterior viewable HDTV with Door to enclose TV. Labor cost to Remove and Replace. Labor to fabricate custom door. 1 10.d Packet Pg. 372 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 12 Description Qty ACCEPTABLE / AS SPECIFIED 13. REAR EMERGENCY DIRECTIONAL Remove existing emergency lights. Labor cost to Remove and Replace 1 14. REAR TAIL LIGHTS CASTING CAST 3 Remove existing tail lights. Labor cost to Remove and Replace 2 15. REAR TAIL LIGHTS 600 SERIES Remove existing tail lights. Labor cost to Remove and Replace. Labor cost to Remove and Replace 6 16. REAR BACK UP LIGHTS M6BNM Series. Remove existing back up lights. Labor cost to Remove and Replace. 2 10.d Packet Pg. 373 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 13 Description Qty ACCEPTABLE / AS SPECIFIED 17. EMERGENCY LIGHTS Back wall blue and red lights. Remove existing emergency lights. SERIES 70 Labor cost to Remove and Replace. 6 18. BACK WALL LIGHTS M9LZC lights. Remove existing emergency lights. Labor cost to Remove and Replace. 2 19. SIDE WALL LIGHTS M9LZC Remove existing emergency lights. Labor cost to Remove and Replace. 4 20. SIDE WALL 70 SERIES LIGHTS Remove existing emergency lights. Labor cost to Remove and Replace. 4 10.d Packet Pg. 374 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 14 Description Qty ACCEPTABLE / AS SPECIFIED 21. FRONT WALL LIGHTS SERIES 70 Remove existing emergency lights. Labor cost to Remove and Replace. 2 22. FRONT WALL LIGHTS SERIES 40 Remove existing emergency lights. Labor cost to Remove and Replace 4 23. FRONT LIGHT BAR Remove existing light bar and control head. Labor cost to Remove and Replace 1 24. 20 AMP BREAKER & SUPPLIES Labor cost to Remove and Replace 1 10.d Packet Pg. 375 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 15 SECTION III. BID CONTENT AND FORMS 10.d Packet Pg. 376 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 16 A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating “technical” exceptions on the Technical Specifications form, and “contractual” exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. 10.d Packet Pg. 377 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 17 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organizatio n (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: c. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 10.d Packet Pg. 378 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 18 C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items liste d and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder’s identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be “Net 30 Days”. Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City’s check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 10.d Packet Pg. 379 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 19 PRICE FORM REQUEST FOR RFQ: RFQ F-17-29 DESCRIPTION OF RFQ: Command Post Vehicle Refurbishment & Repairs BUSINESS NAME/ADDRESS: NAME AUTHORIZED REPRESENTATIVE REPRESENTATIVE SIGNATURE TELEPHONE: _____________________________________ EMAIL: _____________________________________ FAX: _____________________________________ Price Form on next page 10.d Packet Pg. 380 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 20 Price Form DRIVER DOOR LOCK $ Labor cost to Remove and Replace. $ REPAIR WINDOW $ Labor cost to remove and replace window and weather stripping. $ MINI BLINDS FOR ENTRY DOOR $ Labor cost Remove and Replace. $ POCKET DOOR & HARDWARE $ Labor cost to Remove and Replace $ A&E WEATHER PRO AWNING $ Labor cost to Remove and Replace $ WINEGUARD IN-MOTION ANTENNA $ Labor to Remove and Replace $ TOILET $ Labor cost to Remove and Replace $ GRAPHICS $ DRIVER COMPARTMENT LED LIGHT $ Labor cost to Remove and Replace $ HNT CLOSET SHELVES $ Cost of labor $ TRI VIEW BACK UP CAMERA $ Labor cost to Remove and Replace. $ 32” EXTERIOR VIEWABLE HDTV WITH DOOR TO ENCLOSE TV $ Labor cost to Remove and Replace. $ Labor to fabricate custom door. $ 10.d Packet Pg. 381 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 21 REAR EMERGENCY DIRECTIONAL $ Labor cost to Remove and Replace $ REAR TAIL LIGHTS CASTING CAST 3 $ Labor cost to Remove and Replace $ REAR TAIL LIGHTS 600 SERIES $ Labor cost to Remove and Replace $ REAR BACK UP LIGHTS $ Labor cost to Remove and Replace. $ EMERGENCY LIGHTS $ Labor cost to Remove and Replace $ BACK WALL LIGHTS $ Labor cost to Remove and Replace. $ SIDE WALL LIGHTS M9LZC $ Labor cost to Remove and Replace. $ SIDE WALL 70 SERIES LIGHTS $ Labor cost to Remove and Replace. $ FRONT WALL LIGHTS SERIES 70 $ Labor cost to Remove and Replace. $ FRONT WALL LIGHTS SERIES 40 $ Labor cost to Remove and Replace $ FRONT LIGHT BAR $ Labor cost to Remove and Replace $ 20 AMP BREAKER & SUPPLIES $ Labor cost to Remove and Replace $ 8.25% Sales Tax $ $ Total $ 10.d Packet Pg. 382 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 22 PRICE LIST (continued) Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additiona l costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. ___________ ___________ ___________ Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain: _________________ _________________ This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, a nd the date said Addenda was/were received. 10.d Packet Pg. 383 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 23 PRICE LIST (continued) Verification of Addenda Received Addenda No: __________ Received on: _________ Addenda No: __________ Received on: _________ Addenda No: __________ Received on: _________ This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: AUTHORIZED SIGNATURE: ________________________________ PRINT SIGNER’S NAME AND TITLE: _______________________________ _______________________________ DATE SIGNED: ________________________________ COMPANY NAME & ADDRESS: ________________________________ ________________________________ PHONE: FAX: EMAIL:_______________ Web Address:__________________ IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 10.d Packet Pg. 384 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 24 SECTION IV. INSURANCE 10.d Packet Pg. 385 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 25 Coverage. Coverage shall be at least as broad as the following: a. Commercial General Liability. Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001). This coverage shall include: i. Manufacturers and Contractors liability, ii. Broad form property damage in any case where the Contractor has any property belonging to the City in the Contractor’s care, custody, or control, iii. Owners and Contractors’ protective liability, iv. Blanket contractual liability, v. Products and completed operations coverage, and vi. Coverage for collapse, explosion, and excavation. b. Automobile Liability. Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). This coverage shall include: i. Coverage for owned, non-owned, and hired automobiles Limits. The Contractor shall maintain limits no less than the following: a. Commercial General Liability. One million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for bodily injury (including death), personal injury and property damage, unless otherwise authorized by the City’s Risk Manager, or his designee. If Commercial General Liability insurance or other form with a general aggregate limit or products-completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the work (with the ISO CG 2503, or ISO CG 2504, or insurer’s equivalent endorsement provided by the City) or the general aggregate limit and products-completed operations aggregate limit shall be twice the required occurrence limit. b. Automobile Liability. One million dollars ($1,000,000) per occurrence for bodily injury (including death), and property damage for each accident/incident, unless otherwise authorized by the City’s Risk Manager, or his designee. Required Provisions. a. Policies shall include premises/operations, products, completed operations, independent contractors, owners and contractors’ protection, explosion, collapse, underground hazard, broad form contractual, persona l injury with employment exclusion deleted, and broad form property damage. 10.d Packet Pg. 386 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 26 b. The policy shall be endorsed to waive any right of subrogation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract. c. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City. d. The policy shall include the following provision: “Solely as respects WORK done by and on behalf of the named insured for the City of San Bernardino, it is agreed that the City of San Bernardino and its officers, employees and agents are added as additional insured under this policy." e. If policies are written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the project. The retroactive date of the coverage must also be listed. Expiration, Cancellation or Material Change. The policies shall not be canceled unless thirty (30) days prior written notification of intended expiration, cancellation or material change has been given to the City of San Bernardino by certified or registered mail. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City of San Bernardino. The City reserves the right to either approve, reduce, or eliminate such deductibles or self -insured retentions. WORKERS' COMPENSATION / EMPLOYER’S LIABILITY INSURANCE General. The Contractor and all subcontractors shall insure (or be self -insured), under the applicable laws relating to workers’ compensation insurance, all of their employees performing the work, in accordance with the “Workers’ Compensation and Insuranc e Act", Division IV of the Labor Code of the State of California and any Acts amending thereof. Insurance Requirements. a. Secure and Maintain Insurance. Prior to City’s execution of the Agreement, Contractor shall secure, and shall thereafter maintain without lapse of coverage until completion of the Contract such workers’ compensation and/or employer’s liability insurance. b. Provide Certificates of Insurance. Prior to the City’s execution of the Agreement, Contractor shall submit an original certificate of insurance, or self-insurance, to the City verifying that Workers’ Compensation insurance is in effect in the required limits with the required provisions as stated below, or that Contractor is self -insured for such coverage. If Contractor has no employees, a certified statement to that affect shall be submitted to the City, acknowledging that if Contractor does employ any person a certificate of insurance shall be submitted as provided in this section. 10.d Packet Pg. 387 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 27 c. Workers’ Compensation Certification. Contractor shall comply with Labor Code Section 1861. Proper Insurance Company. All worker’s compensation/employer’s liability insurance shall be issued by an insurance company or companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class VII or larger. Limits. Statutory limits are required for Workers’ Compensation. Employer’s Liability shall be no less than one million dollars ($1,000,000). Required Provisions. a. The policy shall be endorsed to waive any right of subrogation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract. Garage keepers’ Legal Liability Insurance. Contractor shall obtain, at Contractor’s expense and keep in effect during the term of this Contract, Garage keepers Legal Liability Coverage for vehicles left for service, repair, storage or safekeeping, with a combined single limit of not l ess than $500,000 per location. 10.d Packet Pg. 388 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 28 SECTION V. GENERAL SPECIFICATIONS 10.d Packet Pg. 389 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 29 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-17-29. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer’s responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all con tract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds a nd must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. “Seconds”, factory rejects, and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defen d any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contracto r shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer’s and/or dealer’s warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed i n these specifications. 10.d Packet Pg. 390 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 30 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective January 1, 2013) computed at the rate of 8.25%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All “standard equipment” is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as “standard” equipment even if such items are not stipulated in the specifications, unless othe rwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City’s sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the p rice bid and in complete accordance with all provisions of RFQ No. F-17-29. In most cases the basis of award will be the City’s standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 10.d Packet Pg. 391 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 31 21. One Document. These specifications, the notice inviting bids, RFQ F-17-29, the Contractor’s bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Vanessa Slouka at 909-384-5346. Technical questions may be sent via fax to 909-384-5043 or email to Slouka_va@sbcity.org. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable u nless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid. Deliver all bids, SIGNED and SEALED, to 290 N “D” Street 3rd Floor, Vanir Tower, San Bernardino, California 92401 Attn: Vanessa Slouka. CLEARLY MARK THE RFQ SPECIFICATION TITLE: COMMAND POST VEHICLE REFURBISHMENT AND REPAIR and Number F-17-29 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, August 14, 2017, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 10.d Packet Pg. 392 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and 32 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor’s performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City’s willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the City’s Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially alt ered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. The Contractor will be required to furnish a cashier’s check, certified check or faithful performance bond / bid bond made payable to the City of San Bernardino in an amount equal to 100% / 10% of the bid price to insure the contractor’s faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best’s most recent insurance guide of “A” or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 36. Once the award has been made and prior to the commencement of the job, the City’s Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 10.d Packet Pg. 393 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and August 10, 2017 ADDENDUM #1 TO Request for Quotation (RFQ) F-17-29 Command Post Vehicle Refurbishment & Repair Notice is hereby given that the following changes, additions, deletions, or clarifications are incorporated as an Addendum to the Request for Quotation (RFQ) F-17-29 Bid due date has been postponed from August 14, 2017 to August 21, 2017 1. Item # 12 - Exterior Television. What are the specifications for outdoor visibility, video input ports, speakers, brand of this device? Answer: Vendor will provide recommended product based on current industry standards. 2. Item # 12 - What video sources need to feed the television? Typically agencies will have Off air television, satellite television, mast camera, other video sources, or an output from computer(s) that feed the monitors. What video feeds will be utilized in this project? Answer: At this time the television will be utilize to display a satellite television system. 3. Item # 12 - How many exterior, GFCI protected outlets are required for the outside television enclosure? Answer: 10.d Packet Pg. 394 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and One GFCI protected outlet is required for the outside television. 4. Item # 6 - Is there a preferred Satellite television service provider or will that recommendation come from the selected vendor? Answer: Satellite television service provider to be selected at a later date, past service provider was DIRECTV 5. Item # 6: A new service box is not indicated. Is this mandatory or shall it be determined by the electrical system needs by the selected vendor? Answer: Vendor will provide recommended product based on current industry standards. 6. Item # 14-23 - For exterior emergency and scene lighting, are LED light heads desired? Is there a preferred manufacturer of emergency lighting? Answer: LED light heads are preferred; Vendor will provide recommended product based on current industry standards. 7. Item # 10 - Finish of closet shelving. Is there a specific finish (bare wood, stain, paint, laminate) for the required shelving? Answer: Match finish of closet. 8. Item # 19/20 - Four exterior lights are specified in the bid document, however there are actually six light heads on the vehicle (3 street side, 3 curb side). Is four the correct number of light heads to replace? Answer: Please quote for the 4 exterior lights that are specified in the bid document. We will amend the number of lights after the bid is completed. Sincerely, Vanessa Slouka Purchasing Division 10.d Packet Pg. 395 Attachment: PD-PublicSafetyInnovation.Attach2.RFP (5458 : Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and Consent Calendar City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Mark H. Persico, AICP, Director Community Development Subject: Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828) Recommendation Authorize the Mayor, on behalf of the City of San Bernardino, to sign opposition letters to three proposed housing bills, AB 1759 (McCarty), SB 827 (Weiner) and SB 828 (Weiner). Discussion At the March 21, 2018, meeting of the Mayor and City Council, Council Member James Mulvihill, who represents the City on the Southern California Association of Governments Board (SCAG), reported that in 2017 the State legislature passed – and the Governor signed – a 15-bill package of housing laws intended to address the statewide housing crisis by making housing more available and more affordable. Councilmember Mulvihill also discussed three bills introduced in the 2018 legislative session that are intended to further address the statewide housing issues. Specifically, the bills are targeted at making cities more accountable for meeting their individual housing goals as contained in the Housing Element, and punishing cites if they fail to meet those goals. There is a need for additional housing; however, these bills are the wrong approach and do not begin to address the imbalance between job growth, where housing is built, and lagging wages. For these reasons the Mayor and City Council directed that staff prepare letters opposing AB 1759, SB 827 and SB 828, to be sent to the authors of the bills, our locally elected members of the Assembly and Senate, and the League of California Cities. AB 1759 (McCarty) Planning and Zoning Law requires a city to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Planning and Zoning Law also requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development (HCD) on the status of the general plan and progress in 11.a Packet Pg. 396 Attachment: CD.Housing Opposition Letter.Report (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) meeting the community’s share of regional housing needs. Existing law requires a planning agency to include in its annual report specified information regarding units of net new housing. AB 1759 would require HCD, on or before June 30, 2022, and on or before June 30 every year thereafter and until June 30, 2051, to review each production report submitted by a city to determine whether that city has met the applicable minimum production goal for that reporting period. The bill would provide that, if HCD determines that a city has met its applicable minimum production goal for that reporting period, the HCD shall, no later than June 30 of that year, submit a certification of that result to the Controller. Separate existing law creates the Road Maintenance and Rehabilitation Program (known as SB 1), for the funding and apportionment, by the State Controller, of monies to cities for road repair and improvements. Prior to receiving an apportionment of funds under the program from the Controller, existing law also requires that a city submit to the California Transportation Commission a list of projects proposed to be funded with these funds. Existing law requires the commission to report to the Controller the cities that have submitted a list of projects and requires the Controller to apportion funds to cities for projects included in the report. Existing law requires cities to maintain their existing commitment of local funds for street, road, and highway purposes in order to remain eligible for an allocation or apportionment of these funds. AB 1759 would, commencing with the 2022–23 fiscal year and through and including the 2051–52 fiscal year, also require cities to be certified in the prior fiscal year by HCD in order to remain eligible for an apportionment of these funds. For each city that is not in compliance with this requirement, the bill would require the Controller withhold the apportionment of funds and deposit those funds in a separate escrow account. The bill would require the Controller to distribute the funds in the escrow account to the applicable city after the city is certified to be in compliance and meets other specified requirements. In summary, AB 1759 ties housing production to street and highway funding available under SB 1. While theoretically it is sound policy to link housing production to funding of street and highway projects, the theory breaks down because cities do not build housing. Therefore, cities will be punished by the withholding of funds for a matter that is not in their direct control. Cities create the conditions for the construction of housing through planning policy but the private sector builds housing. The City will receive approximately $1.37 million in funding from SB1 this year and approximately $4.0 million from SB 1 next year, according to the Public Works Department. Additionally, according to the CaliforniaCityFinance.com website the City of San Bernardino will receive approximately $61.55 million over the next 10 years through SB 1. Under AB 1759 a portion or all of the funding could be at risk. A letter stating opposition to AB 1759 has been prepared (Attachment 1). 11.a Packet Pg. 397 Attachment: CD.Housing Opposition Letter.Report (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) SB 827 (Weiner) Planning and Zoning Law requires that a city provide developers a density bonus and other incentives or concessions for the production of lower income housing units if the developer, among other things, agrees to construct a specified percentage of units for very low, low, or moderate-income households or qualifying residents. SB 827 would require a local government to, if requested, grant a development proponent of a transit-rich housing project a transit-rich housing bonus if that development meets specified planning standards. The bill would define a transit-rich housing project as a residential development project the parcels of which are all within a 1/2 mile radius of a major transit stop or a 1/4 mile radius of a stop on a high-quality transit corridor. The bill would exempt an eligible applicant who receives a transit-rich housing bonus from various requirements, including maximum controls on residential density, maximum controls on floor area ratio that are lower than a specified amount, minimum automobile parking requirements, maximum height limitations, and zoning or design controls that have the effect of limiting additions onto existing structures or lots that comply with those maximum floor area ratios and height limitations. SB 827 would require an eligible applicant who receives a transit-rich housing bonus to provide benefits to eligible displaced persons who are displaced by the development, including requiring the applicant to offer a right to remain guarantee to those tenants, and to make payments to eligible displaced persons for moving and related expenses as well as for relocation benefits. By adding to the duties of local planning officials, this bill would impose a state- mandated local program but there would be no reimbursement as otherwise required by the State Constitution. This would become another unfunded state mandate. According to OmniTrans there are currently four bus routes that meet the requirements of a “high quality transit corridor:” • sbX: Kendal, E and Hospitality • Route 1: Including parts of Mt. Vernon Ave., 2nd St, Waterman, Golden, Lynwood • Routes 3/4: A loop route primarily on Highland Ave., Baseline St., Medical Center, and Arrowhead Ave. • Route 14: Primarily on 5th St Under SB 827, property within ½ mile of these lines would be eligible for increased density, height and reduced design standards. In summary SB 827 strips local government officials and community members of their ability to appropriately plan for future development. Instead, SB 827 gives developers and transit agencies, who are unaccountable at the local level, the power to exempt themselves from locally developed and adopted building height limitations, densities, parking requirements, and design review standards. It would provide developers a means to generate additional profits without requiring them to construct any affordable 11.a Packet Pg. 398 Attachment: CD.Housing Opposition Letter.Report (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) housing. More density does not equal more affordability. Staff believes that SB 827 is an extreme overreach and takes away local zoning and planning control. SB 828 (Weiner) Planning and Zoning Law requires a city to adopt a comprehensive, long-term general plan for the physical development of the city, including a housing element. The Housing Element must also be reviewed by the Department of Housing and Community Development (HCD). Existing law requires the housing element to consist of a program that sets forth a schedule of actions the local government will undertake to implement policies and to achieve the goals of the housing element, including land suitable for residential development. Housing element law also requires that cities identify land available to accommodate the housing needs for all income groups as established through the Reginal Housing Needs Assessment (RHNA) process. Existing law requires the program to accommodate 100% of the need for housing for very low and low-income households, and to rezone land if there is not adequate residential land available. SB 828 would increase the percentage of the need for housing for very low and low- income households that the program is required to accommodate to 200%. Existing law requires the department, in consultation with each council of governments, to determine each region’s existing and projected housing need and for the appropriate council of governments, or for the department, to adopt a final RHNA plan that allocates a share of the regional housing need to each city and county, as specified. SB 828 would require the final regional housing need plan to reflect equitable allocations for housing of all income levels, and not demonstrate disparities that promote racial or wealth disparities throughout a region. The bill would also require the plan, in particular communities, to demonstrate a high rate of new housing production for households of all income levels and that median rent or home prices available for rent or sale that exceed levels affordable to median income households shall be alleviated, as specified. Existing law requires, at least 26 months prior to the scheduled revision of the housing element and developing the existing and projected housing need for a region, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region’s housing needs. Existing law requires the council of governments to provide data assumptions from the council’s projections, including, if available, specified data for the region. This bill would require that data, if available, to include median rent or home prices that exceed median income and the rate of median income growth or decline. The bill would also prohibit the council of governments from considering prior underproduction of 11.a Packet Pg. 399 Attachment: CD.Housing Opposition Letter.Report (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) housing, as specified, in order to inform housing allocations or to justify a lower allocation for a local jurisdiction. This bill would also require the department, before the next regional housing needs assessment for each region, to address the historic underproduction of housing in California, particularly in coastal and metropolitan communities, by completing a comprehensive audit of unmet housing needs for each region and to add the results of this audit to the next regional housing allocations after January 1, 2019. By adding to the duties of local planning officials, this bill would impose a state- mandated local program but there would be no reimbursement as otherwise required by the State Constitution. This would become another unfunded state mandate. In summary SB 828 increases a city’s requirement to meet statewide affordable housing goals without providing any new sources of revenue. Additionally, because any housing which is not built by the private sector is rolled into the following housing planning cycle, a city might have a perpetual deficit with no ability to receive transportation improvement funds under AB 1759, if AB 1759 is passed and signed into law. A letter opposing SB 827 and SB 828 has been included with this report. Fiscal Impact No fiscal impact is created by opposing the three housing bills. However, significant fiscal impacts could occur in terms of lost transportation and road funding and increased unfunded state mandates if these bills become law. Conclusion Housing issues are critical to the economic viability and sustainability of the state, but these bills impose a significant burden on local governments at a time of decreasing revenues. Under the proposed legislation, cities will be punished for a lack of housing production even though cities do not actually build housing projects. It is therefore recommended that the Mayor and City Council authorize the Mayor to execute the opposition letters due to potential loss of funding and loss of local zoning and planning controls. Attachments Attachment 1 – Letter opposing AB 1759 Attachment 2 – Letter opposing SB 827 and 828 Ward: All Synopsis of Previous Council Actions: 11.a Packet Pg. 400 Attachment: CD.Housing Opposition Letter.Report (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) ***MAYOR’S LETTERHEAD*** April 4, 2018 The Honorable Kevin McCarty California State Assembly P.O. Box 942849 Sacramento, CA 94249-0007 VIA FAX: 916-319-2107 RE: AB 1759 (McCarty) General Plans: Housing Element Notice of Opposition Dear Assemblymember McCarty: Many Californians would agree that the state must address the high cost of housing in order to remain economically viable and sustainable. Unfortunately the solutions imposed by AB 1759 are the wrong solutions and do not begin to address the imbalance between where job growth occurs and where housing is built. The City of San Bernardino opposes this bill because it would link our ability to access funding under the Road Repair and Accountability Act (known as SB 1) and the production of housing, which is an issue we do not directly control. This bill reneges on the deal that was made to pass SB 1 and requires that a city meet its housing goals in order to receive road repair and maintenance funding. While linking road funding to housing production might sound like good public policy, cities do not actually build housing. Cities create the conditions for housing production and the private sector delivers the product. For these reasons, the City San Bernardino opposes AB 1759. Sincerely, R. Carey Davis Mayor cc: Honorable Senator Connie M. Levya (SD 20) Honorable Senator Mike Morrell (SD 23) Honorable Assemblymember Eloise Gomez Reyes (AD 47) Honorable Assemblymember Marc Steinorth (AD 40) Senate Transportation and Housing Committee, FAX: (916) 445-2209 Senate Governance and Finance Committee, FAX: (916) 322-0298 Laura Morales, League Regional Public Affairs Manager, Lmorales@cacities.org Meg Desmond, League of California Cities, cityletters@cacities.org 11.b Packet Pg. 401 Attachment: CD.Housing Opposition Letter.A1 (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) ***MAYOR’S LETTERHEAD*** April 4, 2018 The Honorable Scott Wiener California State Senate State Capitol Building, Room 4066 Sacramento, CA 95814 VIA FAX: 916-651-4911 RE: SB 827 (Weiner) and 828 (Wiener) Planning and Zoning Notice of Opposition Dear Senator Wiener: Many Californians would agree that the state must address the high cost of housing in order to remain economically viable and sustainable. Unfortunately the solutions imposed by SB 827 and SB 828 are the wrong solutions and do not begin to address the imbalance between where job growth occurs and where housing is built. The City of San Bernardino opposes these bills because they would exempt certain housing projects from locally developed and adopted height limitations, densities, parking requirements, design review standards, and increase the number of sites necessary for very low and low-income housing projects. Specifically, SB 827 would undermine locally adopted General Plans, Housing Elements (which are certified by the Department of Housing and Community Development), and Sustainable Community Strategies (SCS). SB 827 allows private for-profit housing developers and transit agencies to determine housing densities, parking requirements, and design review standards within one-half mile of a “major transit stop,” or along a “high-quality transit corridor” which could be miles away from an actual bus stop. Under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation (RHNA). Additionally, SB 827 would provide developers a means to generate additional profits without any requirement to build affordable housing. Exempting large-scale developments from General Plans, Housing Elements, and zoning ordinances goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representative of their support or concerns when planning documents are developed. Public engagement also often leads to better projects. Disregarding such processes will increase public distrust in government and could lead to additional ballot measures dealing with growth management. SB 828, furthermore, imposes additional housing quotas on cities without providing any additional funding. Increasing the percentage of very low and low-income housing units under the Reginal Housing Needs Assessment (RHNA) program from 100% to 200% is unreasonable. These bills create more unfunded state mandates when local governments are already struggling to meet the needs of residents. Cities need more funding for housing projects, not more mandates. 11.c Packet Pg. 402 Attachment: CD.Housing Opposition Letter.A2 (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) For these reasons, the City San Bernardino opposes SB 827 and SB 828, as introduced. Sincerely, R. Carey Davis Mayor cc: Honorable Senator Connie M. Levya (SD 20) Honorable Senator Mike Morrell (SD 23) Honorable Assemblymember Eloise Gomez Reyes (AD 47) Honorable Assemblymember Marc Steinorth (AD 40) Senate Transportation and Housing Committee, FAX: (916) 445-2209 Senate Governance and Finance Committee, FAX: (916) 322-0298 Laura Morales, League Regional Public Affairs Manager, Lmorales@cacities.org Meg Desmond, League of California Cities, cityletters@cacities.org 11.c Packet Pg. 403 Attachment: CD.Housing Opposition Letter.A2 (5460 : Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828)) 12.a Packet Pg. 404 Attachment: CD.Adaptive Reuse Overlay DCA 17-07.Report (5461 : Final Reading - Development Code Amendment 17-07) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING DEVELOPMENT CODE AMENDMENT 17-07 TO AMEND CHAPTER 19.19 (MAIN STREET OVERLAY DISTRICT) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO ADD AN ADAPTIVE REUSE OVERLAY TO ALLOW FOR THE CONVERSION OF EXISTING COMMERCIAL AND OFFICE BUILDINGS TO RESIDENTIAL UNITS WITHIN SPECIFIED AREAS. WHEREAS, the current City of San Bernardino Development Code was initially implemented in 1991; and WHEREAS, on February 20, 2018, 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 2018-011 recommending the adoption of the Categorical Exemption, and the approval of Development Code Amendment 17-07 to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's consideration of the proposed Ordinance was published in The Sun newspaper on March 10, 2018. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Development Code Amendment 17-07: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: General Plan Housing Element Policy 3.1.1 – Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones. General Plan Housing Element Policy 3.2.4 – Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties. General Plan Housing Element Policy 3.5.4 – Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. 1 12.b Packet Pg. 405 Attachment: CD.Adaptive Reuse DCA 17-07.A1.Ordinance (5461 : Final Reading - Development Code Amendment 17-07) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Plan Housing Element Policy 3.6.2 – Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions. The proposal under Development Code Amendment 17-07 will allow the City the opportunity to meet the identified General Plan Policies the rehabilitation of distressed and abandoned or underutilized properties for the purpose of increasing the variety and volume of housing stock within the City. Furthermore, adapting and reusing existing buildings will allow increased compliance with the State’s greenhouse gas emissions goals by decreasing the emissions caused by demolition and new development activities. Therefore, Development Code Amendment 17-07 is consistent with the General Plan. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: General Plan Land Use Element Policy 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. General Plan Housing Element Policy 3.6.2 – Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions. The proposed project will reduce greenhouse gas emissions and potential impacts on surrounding uses by allowing for the adaptive reuse of existing buildings and decreasing the need for demolition and new development to meet the City’s Housing needs and will not be detrimental to the health, safety, convenience, or welfare of the City. SECTION 3. Compliance with the California Environmental Quality Act. In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 17-07 and concluded that Development Code Amendment 17- 07 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA due to the fact that this 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, and where it can be seen with certainty 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. There are no additional potential significant environmental impacts that may result from the proposed Development Code Amendment to allow for the conversion of existing commercial office buildings to residential units within 2 12.b Packet Pg. 406 Attachment: CD.Adaptive Reuse DCA 17-07.A1.Ordinance (5461 : Final Reading - Development Code Amendment 17-07) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specified areas as the potential properties in question are already developed and would require only modest construction activity for the proposed conversions. Additionally, each proposal will be subject to the approval of a Development Permit, with appropriate conditions of approval and independent CEQA determination. SECTION 4. Development Code Amendment 17-07 amending the City of San Bernardino Development Code Chapter 19.19 (Main Street Overlay District to add an Adaptive Reuse Overlay to allow for the conversion of existing commercial and office buildings to residential units within specified areas (EXHIBIT A), is hereby approved and incorporated herein by reference. SECTION 5. Notice of Exemption: The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// 3 12.b Packet Pg. 407 Attachment: CD.Adaptive Reuse DCA 17-07.A1.Ordinance (5461 : Final Reading - Development Code Amendment 17-07) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING DEVELOPMENT CODE AMENDMENT 17-07 TO AMEND CHAPTER 19.19 (MAIN STREET OVERLAY DISTRICT) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO ADD AN ADAPTIVE REUSE OVERLAY TO ALLOW FOR THE CONVERSION OF EXISTING COMMERCIAL AND OFFICE BUILDINGS TO RESIDENTIAL UNITS WITHIN SPECIFIED AREAS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby adopted this _____day of ________, 2018. ________________________________ R. Carey Davis, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By:___________________________________ 4 12.b Packet Pg. 408 Attachment: CD.Adaptive Reuse DCA 17-07.A1.Ordinance (5461 : Final Reading - Development Code Amendment 17-07) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A DEVELOPMENT CODE AMENDMENT 5 12.b Packet Pg. 409 Attachment: CD.Adaptive Reuse DCA 17-07.A1.Ordinance (5461 : Final Reading - Development Code Amendment 17-07) CHAPTER 19.19B AR (ADAPTIVE REUSE OVERLAY) DISTRICT Section Page 19.19B.010 Purpose………………………………………………………………. II-19.19B-1 19.19B.020 Applicability…………………………………………………………. II-19.19B-1 19.19B.030 General Provisions…………………………………………………… II-19.19B-2 19.19B.040 Development Standards……………………………………………… II-19.19B-3 19.19B.010 PURPOSE The purpose of the Adaptive Reuse Overlay is to allow for the repurposing of existing, underutilized commercial and office buildings within the identified overlay area(s) for residential uses. The Adaptive Reuse Overlay contains many historic or architecturally significant buildings. The standards outlined in this chapter will allow for a more diverse mix of uses within the office districts north of the downtown area, and will aid in the preservation of that culturally significant area, while also making strides toward meeting the City’s housing needs. The office to residential conversion will integrate well with the existing residential uses abutting the Commercial Office (CO) Zone. 19.19B.020 APPLICABILITY This District consists of a flag shaped overlay bounded approximately by the south side of Highland Avenue on the north, the west side of D Street on the west, east side of Waterman Avenue on the east, the north side of Baseline Street on the south from Waterman Avenue to D Street, then both sides of D Street from Baseline Street to 8th Street, in the Commercial Office (CO) Zone within those boundary lines. 19.19B.030 GENERAL PROVISIONS 1. Only structures constructed prior to 1991 shall be adapted for residential purposes within the areas outlined in section 19.19B.020. 2. No structure shall be demolished in order to construct new residential units within the areas outlined in section 19.19B.020. 3. The project may exceed the maximum size, placement, and density of the Zoning District in which it is located, provided that all other requirements of this Chapter are met, and that no addition to an existing structure exceeds these maximums. 4. A new loading zone shall not be required if one is not already provided on the existing site. 12.c Packet Pg. 410 Attachment: CD.Adaptive Reuse Overlay.A1. Exhibit A (5461 : Final Reading - Development Code Amendment 17-07) 5. A Development Permit, approved by the Mayor and City Council, shall be required to convert a commercial or office building to residential units. 6. This chapter applies to commercial and office developments in the Commercial Office (CO) Zone within the District. 7. Conversion of commercial and office buildings to residential uses must meet all required life and safety standards as required by the Building Official and San Bernardino County Consolidated Fire District. 8. A structure may be modernized for aesthetic integrity where determined to be necessary, or preserved to maintain cultural and historic identity as determined by the Community Development Director. 9. In additional to all other submittal requirements, the applicant shall provide evidence of the economic viability of the project which shall include a pro-forma analysis. 19.19B.040 DEVELOPMENT STANDARDS The following development standards shall apply: 1. UNIT SIZE Residential units must be maintained at a minimum of 500 square feet per unit. 2. LAUNDRY FACILITIES On-site laundry facilities shall be provided. This can be accomplished by providing common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code, or each unit can be plumbed and wired for a washing machine and dryer. 3. OPEN SPACE Indoor or outdoor passive or active recreational open space must equal a minimum of 10% of the total square footage of the building size. The open space may be established as private space for the individual tenants, or can be incorporated as a common area or shared space. 4. PARKING A. One (1) parking space per residential unit, plus one (1) guest parking space per every five (5) units. 12.c Packet Pg. 411 Attachment: CD.Adaptive Reuse Overlay.A1. Exhibit A (5461 : Final Reading - Development Code Amendment 17-07) B. Tandem parking may be used to meet the minimum parking standards. C. If a mixed use commercial/office and residential reuse is proposed, parking for the commercial or office component must be maintained at a minimum of one parking space per 1,000 square feet. 5. MINOR ADJUSTMENTS Minor adjustments from the standards contained in the City of San Bernardino Development Code shall be granted only when, because of special circumstances applicable to the property, the strict application of the Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use and zoning districts, as determined by the Community Development Director, and only if all provisions contained within this Chapter are met. 12.c Packet Pg. 412 Attachment: CD.Adaptive Reuse Overlay.A1. Exhibit A (5461 : Final Reading - Development Code Amendment 17-07) Consent Calendar City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Rebekah Kramer, Administrative Services Officer Subject: Final Reading - Amending Municipal Code Chapter 2.58 Related to the Conduct of Public Meetings and Establishing Reasonable Regulations for Public Comments, Testimony, and Procedural Rules for Quasi-Judicial Hearings Recommendation Accept for final reading and adopt Ordinance No. MC 1478 of the Mayor and City Council of the City of San Bernardino, California , amending Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi-judicial hearings. Background On May 2, 2017, the Mayor and City Council adopted Ordinance No. 1438 repealing and replacing Chapter 2.58 of the Municipal Code aligning the general provisions for conducting public meetings with the new City Charter adopted by voters on November 8, 2016, and filed with the California Secretary of State on January 31, 2017. Discussion In an effort to ensure that the City’s business is conducted in an orderly and efficient manner during public meetings and that quasi-judicial hearings are conducted fairly, providing adequate due process to those whose rights are affected, the Mayor and City Council gave direction to staff at a Special Meeting held on March 5, 2018, to amend Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi- judicial hearings. Additionally staff was directed to prepare regulations for public comments and testimony and procedural rules for quasi-judicial hearings for consideration by the Mayor and City Council. The changes to Municipal Code Chapter 2.58 clarifies the types of actions that disrupt and impair the Mayor and City Council’s ability to conduct the people’s business in an efficient and orderly fashion. The proposed regulations for public comments and testimony establish guidelines for taking public comment. In an effort to ensure that all members of the public who wish to address the Mayor and City Council have an opportunity to do so, a time limit of three (3) minutes has been established for the public 13.a Packet Pg. 413 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - Staff Report (5462 : Final Reading - to address items on the agenda as well as items not included on the agenda. A three (3) minute time limit has also been established for members of the public to provide testimony during a public hearing. The procedural rules for quasi-judicial hearings provide guidelines for the Mayor and City Council as well as City Boards and Commissions to conduct these types of hearings. Fiscal Impact None. Conclusion Accept for final reading of an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending portions of Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi-judicial hearings. Attachments Attachment 1 – Ordinance No. MC 1478 amending Municipal Code Chapter 2.58 Meetings. Ward: All Synopsis of Previous Council Actions: 3/21/2018 - First reading of Ordinance No. MC 1478 – amending MC Chapter 2.58 related to conduct at public meetings and quasi-judicial hearings; Resolution No. 2018-88 adopted establishing rules for quasi-judicial hearings; and Resolution No. 2018-89 adopted establishing reasonable regulations for public comments and testimony. 13.a Packet Pg. 414 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - Staff Report (5462 : Final Reading - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 2.58 RELATED TO THE CONDUCT OF PUBLIC MEETINGS AND QUASI-JUDICIAL HEARINGS WHEREAS, on November 8, 2016, the citizens of the City of San Bernardino enacted a new City Charter; and WHEREAS, Section 309 of the City Charter states that “[t]he Council shall establish by ordinance…the rules of order for the conduct of proceedings by the Council…”; and WHEREAS, Section 103 of the City Charter states that “[a]ll…resolutions…in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter…”; and WHEREAS, on September 17, 1984, the Mayor and City Council adopted Resolution No. 84-371 adopting procedural rules for the meetings of the Mayor and City Council; and WHEREAS, on September 8, 2000, the Mayor and City Council adopted Resolution No. 2000-279 amending Resolution No. 84-371 to add Section V – Hearings to the procedural rules for meetings of the Mayor and City Council; and WHEREAS, on September 9, 2004, the Mayor and City Council adopted Resolution No. 2004-290 amending Resolution Section V – Hearings related to the procedural rules for meetings of the Mayor and City Council; and WHEREAS, on May 2, 2017, the Mayor and City Council adopted Ordinance No. 1438 adopting San Bernardino Municipal Code Section 2.58.050(B), which states that “[t]he Mayor and members of the City Council shall perform their duties in accordance with the 1 13.b Packet Pg. 415 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - A1.ORDINANCE (5462 : Final Reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 procedural rules for meetings, established by them, in governing the deliberation of public policy issues, involvement of the public and implementation of policy decisions…”; and WHEREAS, the Mayor and City Council desire to ensure the orderly and efficient conducting of the public’s business at meetings of the Mayor and City Council; and WHEREAS, the Mayor and City Council desire to ensure that quasi-judicial hearings are conducted in a fair manner that provides adequate due process to those whose rights are affected. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.58.070 of Chapter 2.58 of the San Bernardino Municipal Code shall be amended to read as follows: The purpose of the meetings of the Mayor and City Council is to conduct the people’s business in an efficient and orderly fashion for the benefit of all the people. That purpose is disrupted by conduct, including oral statements at meetings, that unduly prolongs the proceedings by being overly repetitious or exceeding the allotted time, diverts attention from the matter before the Mayor and City Council by raising or addressing irrelevant matters, or is directed at or to the audience, the Mayor, individual City Council members, or members of City staff individually rather than to the Mayor and City Council as governing body of the City or the City as a whole. Accordingly, in the event that any meeting of the Mayor and City Council is willfully disrupted by a person or group of persons so as to actually impair the orderly conduct of the meeting, the members of the City Council may proceed pursuant to Government Code Section 54957.9, or any applicable penal statute or ordinance. For the purposes of this Section “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the presiding officer to desist from such conduct: 1. Addressing the Mayor and City Council without first being recognized by the presiding officer. 2. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. 3. Repetitiously addressing the same subject. 2 13.b Packet Pg. 416 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - A1.ORDINANCE (5462 : Final Reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Failing to relinquish the podium when directed to do so by the presiding officer. 5. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a City Council member, or a staff member, or shouting or attempting to shout over a speaker, the Mayor, a City Council member or a staff member. 6. As a speaker, interrupting or attempting to interrupt the Mayor, a City Council member, or a staff member, or shouting over or attempting to shout over the Mayor, a City Council member, or a staff member. 7. As a speaker, continuing to speak after being advised that the allotted time has expired. 8. As a speaker, addressing the audience rather than the Mayor and City Council. 9. Making personal, impertinent, or slanderous remarks to a speaker, the Mayor, a City Council member, a staff member, or the general public, which actually impairs the orderly conduct of the meeting. 10. Uttering loud, threatening, personal or abusive language, or profanity, to a speaker, the Mayor, a City Council member, a staff member, or the general public which actually impairs the orderly conduct of the meeting. It shall be unlawful to violate any provision of this Section. Nothing in this Section or any rules of the Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or any of the acts or omissions of the Mayor and City Council. Nothing in this Section shall confer any privilege or protection for expression beyond that otherwise provided by law. If any subsection, sentence, clause, phrase, or word of this Section 2.58.070 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The Mayor and City Council hereby declare that they would have enacted this Section and each subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or words had been declared invalid or unconstitutional. SECTION 2. Sections 2.58.110 and 2.58.120 shall be added to Chapter 2.58 of the San Bernardino Municipal Code as follows: 2.58.110 Public Participation in Meetings of the Mayor and City Council The Mayor and City Council may, by Resolution, adopt reasonable regulations, including time limits, for: (1) public comments for items on the agenda, (2) public comments for items not on the agenda, and (3) public testimony during public hearings. Notwithstanding 3 13.b Packet Pg. 417 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - A1.ORDINANCE (5462 : Final Reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the time limits on public comments and public testimony adopted by Resolution, the Presiding Officer may lengthen or shorten the time limits afforded if the Presiding Officer determines such change is necessary for the efficient conduct of the meeting or the proper consideration of a complicated matter. 2.58.120 Quasi-Judicial Hearings The Mayor and City Council may, by Resolution, adopt Rules of Procedure for the conduct of quasi-judicial hearings. SECTION 3. Pursuant to Charter Section 103, it is the intent of the Mayor and City Council that upon the effective date of this Ordinance, Resolutions 84-371, 2000-279, and 2004-290 shall be superseded and of no further force and effect. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 4 13.b Packet Pg. 418 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - A1.ORDINANCE (5462 : Final Reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 2.58 RELATED TO THE CONDUCT OF PUBLIC MEETINGS AND QUASI-JUDICIAL HEARINGS I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 5 13.b Packet Pg. 419 Attachment: CM.Conduct of Public Meetings & Quasi-Judicial Hearings - MC Chapter 2.58 Final Reading - A1.ORDINANCE (5462 : Final Reading 14.a Packet Pg. 420 Attachment: CM. Agreement with Westbound Communications.SR (5459 : Agreement with Westbound Communications, Inc. for Marketing and 14.a Packet Pg. 421 Attachment: CM. Agreement with Westbound Communications.SR (5459 : Agreement with Westbound Communications, Inc. for Marketing and 14.a Packet Pg. 422 Attachment: CM. Agreement with Westbound Communications.SR (5459 : Agreement with Westbound Communications, Inc. for Marketing and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ 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 WESTBOUND COMMUNICATIONS, INC. FOR PUBLIC RELATIONS AND MARKETING SERVICES AND A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $241,000 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized and directed to execute on behalf of the City of San Bernardino, an Agreement between Westbound Communication, Inc. and the City of San Bernardino, for public relations and marketing services. A copy of the Agreement is attached hereto marked Exhibit “A” and incorporated herein by reference as fully as though set forth at length. SECTION 2. The Director of Finance is hereby authorized and directed to establish, on behalf of the City, a Purchase Order in an amount not to exceed $241,000 for public relations and marketing services as outlined in the agreement to be as follows: $75,000 for FY 17/18 and $166,000 for FY 18/19. SECTION 2. The authorization to execute the above-referenced Agreement is hereby rescinded if both parties fail to execute it within sixty (60) days of the passage of this Resolution. // // 14.b Packet Pg. 423 Attachment: CM. Agreement with Westbound Communications.A1.Reso (5459 : Agreement with Westbound Communications, Inc. for 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 WESTBOUND COMMUNICATIONS, INC. FOR PUBLIC RELATIONS AND MARKETING SERVICES A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $241,000 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ____________ meeting thereof, held on the _______ day of __________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this ________ day of ______________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 14.b Packet Pg. 424 Attachment: CM. Agreement with Westbound Communications.A1.Reso (5459 : Agreement with Westbound Communications, Inc. for January 22, 2018 SUBJECT: REQUEST FOR PROPOSALS (RFP) F18-02 The City of San Bernardino (City) invites proposals from qualified vendors for: PUBLIC RELATIONS AND MARKETING CONSULTANT Parties interested in obtaining a complete copy of this RFP F18-02 may do so by accessing the City of San Bernardino’s website at www.sbcity.org > How Do l > Request> For Bids> Finance Department-Purchasing, beginning January 22, 2018, or by faxing their request to (909) 384-5043, attention Vanessa Slouka. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFP F18-02. Copies of the RFP may also be obtained by calling Vanessa Slouka at (909) 384- 5346 or in person at Vanir Tower, 290 N. "D" St., 3rd Floor, Finance Department, San Bernardino, CA 92401. From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Closing Date: Proposals must be submitted at or before 3:00 PM, PST, February 12, 2018, at the address listed above. Issuance of this RFP and/or receipt of proposals does not commit the City to award a contract. Sincerely, Vanessa Slouka, Accounting Assistant 14.c Packet Pg. 425 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 2 SECTION I. INSTRUCTIONS TO PROPOSER(S) 14.c Packet Pg. 426 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 3 RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT Bid Documents to Be Returned Title Page Cover Letter / Letter of Introduction Project Approach Project Staffing Vendor Qualifications and Project Experience Statement of Qualifications & References Statement of Past Contract Disqualifications Original Proposal Vendor Form Two (2) copies of Proposal Vendor Form Original Firm & Fixed Fee Summary Proposal Price Form/Fee Schedule in a separate SEALED envelope Vendor Form Authorized Binding Signature(s) Proof of Insurance Addendum Received (City Form) IV Forms Non-Collusion Declaration (City Form) IV Forms Listing of Proposed Subcontractor (City Form) IV Forms 120 Day Minimum Proposal Validity Statement III Additional Requirements, VI General Specifications#4 Workers’ Compensation Insurance Certificate (City Form) Copy of Contractor License or other appropriate Licenses where applicable VI General Specifications #35 Proposer(s) are requested to submit this checklist completed with all bid documents. This list may not be inclusive of all documents needed to submit your RFP. 14.c Packet Pg. 427 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 4 I. GENERAL INSTRUCTIONS TO PROPOSER(S) A. Pre-Proposal Meeting Not Applicable B. Examination of Proposal Documents 1. By submitting a proposal, the proposer represents that it has thoroughly examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any proposers for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a “No Proposal” is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purchase Order or Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. For automatic electronic notifications, please visit our website and sign-up for SBConnect. D. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFP, the Bidder shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 14.c Packet Pg. 428 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 5 2. Submitting Requests a. With the exception of oral questions asked at any Job Walk or Pre - Bid Conference, all questions, clarifications or comments sh all be put in writing and must be received by the City no later than 3:00 pm on January 29, 2018 and be addressed as follows : City of San Bernardino Vanir Tower 290 N. D St. 3rd floor, Attn: Vanessa Slouka San Bernardino, CA 92401 Slouka_va@sbcity.org To ensure fairness and avoid misunderstandings, all communications must be in written format and addressed only to the individual set forth above. Any verbal communications will not be considered or responded to. Written communications should be submitted via e -mail to the address provided above. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the Ci ty’s website. Any communications, whether written or verbal, with any City Councilmember or City staff other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration. b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, “Not an Offer.” The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention Vanessa Slouka. c. Inquiries received after 3:00 PM January 29, 2018 will not be accepted. 3. City Responses Responses from the City will be communicated in writi ng to all recipients of this RFP by a posting to our website, www.sbcity.org by the close of business February 5, 2018. For automatic electronic notifications, please visit our Homepage and register for SB Connect. If you are not registered for SB Connect, you may view or download any Addenda at www.sbcity.org > How Do I > Request> for Bids > City Finance Department-Purchasing. 14.c Packet Pg. 429 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 6 E. Submission of Proposals 1. Date and Time All proposals are to be submitted to the City of San Bernardino, Attention: Vanessa Slouka, Accounting Assistant, BEFORE 3:00 PM, PST, February 12, 2018, bids received at or after 3:00 PM will be rejected by the City as non-responsive. 2. Address Proposals shall be addressed as follows: Vanir Tower Finance Department Attn: Vanessa Slouka 290 N. "D" Street, 3rd Floor San Bernardino, CA 92401 Proposals may be delivered in person to the 1st Floor, Information Center, at the above address. 3. Identification of Proposals Proposer(s) shall submit a SEALED proposal package consisting of: a. one (1) signed original of proposer’s proposal and b. two (2) copies also c. one (1) original Price Form or Fee Schedule in a separate SEALED envelope, identified as “Fee Schedule RFP F-18- 02, PUBLIC RELATIONS AND MARKETING CONSULTANT The proposal package shall be addressed as shown above, bearing the proposer’s name and address and clearly marked as follows: RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 4. Acceptance of Proposals a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any proposer(s) responding to this RFP. 14.c Packet Pg. 430 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 7 c. The City reserves the right to postpone proposal opening for its own convenience. d. Faxed or emailed proposals will not be accepted. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the proposer(s) in: 1. preparing its proposal in response to this RFP; 2. submitting that proposal to the City; 3. negotiating with the City any matter related to this proposal; or 4. any other expenses incurred by the proposer(s), if any, prior to date of award of the contract. The City shall not, in any event, be liable for any pre -contractual expenses incurred by proposer(s) in the preparation of its proposal. Proposer(s) shall not include any such expenses as part of its proposal. G. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award a Purchase Order. The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, and to negotiate with other than the selected proposer(s) should negotiations with the selected proposer(s) be terminated. The City also reserves the right to apportion the award among two or more proposers. A signed Vendor/Consultant Service Agreement (VSA/CSA), along with a pre-performance meeting, outlining additional terms and conditions relating to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. H. Acceptance of Order The successful proposer(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Proposals, and the RFP documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written Purchase Order. 14.c Packet Pg. 431 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 8 I. Business License The City’s Business Ordinance requires that any business doing business with the City obtain and maintain a valid City Business Registration Certificate during the terms of the contract. Proposer(s) agrees to obtain such certificate prior to undertaking any work under this contract. J. Local Vendor Preference The City gives any formal or informal bid submitted by a l ocal bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125 and Executive Order 2003-1, respectively. For the purposes of this section, “local bidders” shall be bidders for which the point of sale of the goods, materials, or services shall be within the City limits of San Bernardino. 14.c Packet Pg. 432 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 9 SECTION II. SCOPE OF WORK 14.c Packet Pg. 433 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 10 COMMUNITY OVERVIEW The City of San Bernardino is seeking a qualified consultant to assist the City in developing a comprehensive brand identity and marketing strategy. T he City of San Bernardino is an incorporated Charter City, which operates under the Council/Manager form of government. It is a full-service City (except for Fire which is provided through the San Bernardino County Fire Authority) with a General Fund budget of approximately $160 million for Fiscal Year 2017-2018, in addition to a $22.6 million Capital Improvement Budget. The City is located approximately 60 miles east of Los Angeles, 120 miles northeast of metropolitan San Diego, and 55 miles northwest of Palm Springs adjacent to the cities of Highland, Redlands, Loma Linda, Colton, and Rialto. The City’s elevation is 1,049 feet above sea level and encompasses the area of approximately 62.24 square miles. The estimated median income in the City is $37,047. There are approximately 62,683 housing units in the City. The City’s demographics are predominately Hispanic (62%), White (17%), and African American (14%). The City of San Bernardino is a community rich in history and cultural diversity, where influences of Native Americans, Mexican settlers, Spanish missionaries and Mormon emigrants can still be seen throughout the City today. Once a thriving economic hub, the City of San Bernardino fell on hard economic times with the closing of Kaiser Steel in 1983, and Norton Air Force base in March 1995. The City of San Bernardino’s financial woes culminated when the City filed for Chapter 9 bankruptcy protection in August 2012. In mid -2017, the City emerged from bankruptcy and is now vigorously pursuing methods to improve its financial condition. OBJECTIVE The City of San Bernardino is interested in shedding its image of violence and poverty, and replacing it with the understanding that San Bernardino is a City of opportunity. The City aims to position itself as a world-class community where residential, commercial, and industrial growth is not only possible, but encouraged. The City’s vision is to be strong and prosperous. City residents can expect quality, cost effective services as well as an excellent public safety program, which is dedicated to providing the highest level of police and emergency services. The objective of this effort is to develop a clear, strong, and resilient brand identity that represents the varied attributes of the San Bernardino communi ty and differentiates us from other cities. The resulting brand messaging should identify San Bernardino’s existing mix of business, cultural, infrastructural, economic and social assets and leverage these to craft a unique, compelling message for target audiences. Particular emphasis should be placed in the following areas: Attracting, retaining, and growing businesses; Building a vibrant downtown; and 14.c Packet Pg. 434 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 11 Encouraging residents of all ages to engage in community life, civic activities and recreational interests. In addition to creating a new identity, other critical deliverables include the development of an advertising strategy, a comprehensive visual system and catalog of graphic assets to accompany the brand identity in order to graphically convey the brand message and to unify the City’s collateral design language. Another piece of the branding and marketing project is the development of an integrated marketing communications plan that includes overarching brand awareness efforts as well as guidance for targeted campaigns for select groups (i.e., prospective economic development targets, visitors, residents, etc.), assistance with media buys, and the development and execution of a public relations and media strategy, including a social media strategy. Ideally, the brand package would consist of an overall brand identity, logo and messaging that effectively “tells the San Bernardino story” and can be used for the myriad communication opportunities the City has with its residents, businesses, development community, visitors and other groups. The brand package should identify short and long‐term strategies and tactics for maximizing the brand’s value to the community. SCOPE OF WORK The City of San Bernardino is seeking a qualified firm to complete the objecti ves identified herein and may consider retention of the selected public relations firm over multiple fiscal years. Task #1 – Research & Foundation This task encompasses the initial research necessary to define target audiences, identify what value the City offers to the target audiences, develop a brand positioning statement and test recommended brand concepts using targeted focus groups, surveys, and other methodologies as appropriate. It is anticipated that the selected consultant will review research results with staff and the City’s Economic Development Committee as appropriate. To complete these tasks, the successful consultant will be expected to draw from existing research and community planning documents as well as conduct their own research and foc us groups. Community engagement and input from San Bernardino residents, businesses, members of the development community, visitors, partner organizations and any other identified key group is critical to the success of all tasks. It may be necessary, as p art of the community engagement process, to educate groups on what branding means and why it is important for the City of San Bernardino. This task should answer the question, “Who are we as a City and how do we relate our ‘products’ and services in a way that’s meaningful to our customers and the values they hold dear?” 14.c Packet Pg. 435 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 12 Deliverables: Research Summary Brand positioning statement Task #2 – Branding and Message Development In this phase of the project, the selected consultant will create the messaging, the expression of brand, and visual elements that will effectively communicate the City’s identity to target audiences. Messaging should connect to the hearts and minds of our audience and be believable, relevant and simple. Consistency will be key, but flexibility that allows use by the wide variety of departments, programs and services that make up the City is also important. Visual elements will include recommended logo, colors, fonts, graphic style and elements that are adaptable for use across a variety of media applications, including the City website. Deliverables: Style guide with visual and graphic standards, including logo and other creative properties to support brand identity Templates for common needs such as letterhead, web page layout, report covers, brochures, etc. Task #3 - Strategic Brand Implementation & Community Engagement This task will define the activities designed to effectively establish the City’s new brand identity to the target audiences as well as identify ongoing strategies for communicating, maintaining and enhancing the brand’s value over the first three years following introduction. These strategies should: Prioritize both short and long‐term strategies and tactics, including a timeline. Employ a variety of communication tools. Engage San Bernardino’s citizens, businesses & visitors. Enable target audiences to connect and interact with the City and use feedback to further build the City’s brand. Provide opportunities for target audiences to become advocates. Effectively tell the “San Bernardino” story. To ensure effective implementation, the brand strategy should recommend methods for tracking results and measuring success with target audiences. Deliverables: Brand and Advertising Strategy Tracking & Measurement Recommendations 14.c Packet Pg. 436 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 13 Task #4 – Development and Execution of a Communications Plan This task requires the development of a Communications Plan for consistent, informative communication from the City to the public regarding actions of the City Council and staff, and regarding City programs, services, and initiatives. The firm should initiate ideas about when and how to inform the public, and carry out the tasks as directed by the City Manager. The firm will: Review existing policies and provide guidance to staff who will draft new communication and media policies relating to City communications. Develop and execute a strategy to improve all forms of communication with the public that are available to the City. Arrange for, and coordinate, media coverage of issues before the City, including assisting staff to organize press conferences and interviews and arranging appearances on appropriate media outlets. Provide guidance to City representatives in advance of public appearance and media coverage events, as directed by the City. Assist in development of educational materials, news stories, and briefing documents on current issues as well as long term matters, to ensure the quality and consistency of information provided to the public. Make recommendations to the City for more timely, transparent, and effective communication with residents, businesses, and guests of the City. Task #5 – Report and Presentation The selected consultant will deliver one (1) unbound copy, five (5) printed bound copies and one (1) electronic copy of their final branding report, including style guide and related graphics, to the City. Graphics designed to be used for placement in letterhead, folders, handouts and other marketing materials shall be in an electronic form commonly used by most computer software and shall not require the purchase of Adobe Photoshop or another marketing-based software to enable such use. In addition, the selected consultant will be required to make a formal presentation to the City Manager and the City Council at the completion of the project to present their final report. The selected firm will work with an initial budget. Other mechanisms of funding and potential continued engagement may be available, and will be discussed during the interview. 14.c Packet Pg. 437 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 14 SECTION III. BID CONTENT AND FORMS 14.c Packet Pg. 438 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 15 Bid Contents and Forms Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes / No (circle one). If you answered “Yes,” please provide detail of said additional costs: Please indicate any elements of the Proposal Specifications that cannot be met by your firm. Have you included in your proposal all informational items and forms as requested? Yes / No (circle one). If you answered “No,” please explain: This offer shall remain firm for 120 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this proposal, proposer(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: 14.c Packet Pg. 439 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 16 FIRM NAME: ADDRESS: Phone: Email: Fax: Authorized Signature: Print Name: Title: IF SUBMITTING A "NO PROPOSAL," PLEASE STATE REASON (S) BELOW: 14.c Packet Pg. 440 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 17 SECTION IV. GENERAL EVALUATION CRITERIA 14.c Packet Pg. 441 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for IV. GENERAL EVALUATION CRITERIA A. Evaluation Criteria 1. Capabilities of Firm to Effectively Complete the Project Requirements - 35% Depth of proposer’s understanding of, and ability to manage, City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of Firm/Related Experience - 45% Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of subcontractors; assessment by client references; qualifications of project staff; key personnel’s level of involvement in performing related work; logic of project organization; adequacy of labor commitment. 3. Reasonableness of Cost and Price - 10% Reasonableness of the individual firm -fixed prices and competitiveness of quoted prices with other proposals received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 5% Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements which the proposer(s) cannot or will not accommodate; other relevant factors not considered elsewhere. 5. Local Vendor Preference - 5% As approved in Executive Order 2003-01--proposer(s) which possess a fixed office or distribution point with at least one owner or employee located within the City of San Bernardino, and possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contr ary to the requirements mandated by the funding source for such contractual services such as the Federal Government or other source which requires award to the lowest responsible proposer(s).] 14.c Packet Pg. 442 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 20 B. Evaluation Procedure All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the proposals. During the evaluation period, the City may require an on-site visit and/or tour of the proposer(s)’s place of business. Proposer(s) should be aware, however, that award may be made without vendor visits, interviews, or further discussions. C. Award Depending on the dollar amounts of the offers received, City s taff will either select the vendor best meeting the above -specified criteria or submit to City Council, for consideration and selection, the offer(s) judged by staff to be the most competitive. The City reserves the right to withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any proposer(s) responding to this RFP. The City expressly reserves the right to postpone proposal opening for its own convenience, to waive any informality or irregularity in the proposals received, and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. The City also reserves the right to award its total requirement among two or more proposers as City staff may deem to be in its best Interests. In addition, negotiations may or may not be conducted with proposer(s); therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since the selection and award may be made without discussion with any proposer(s). D. Tie Proposals If the final evaluation scores (after applying the local preference allowance) result in a tie score, the recommendation for award will be given to the local vendor. E. Notification of Aw ard Proposer(s) who submit a proposal in response to this RFP shall be notified regarding the firm(s) who was awarded the contract. Such notification shall be made within a reasonable time after the date the contract is awarded. 14.c Packet Pg. 443 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 21 SECTION V. GENERAL SPECIFICATIONS 14.c Packet Pg. 444 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 22 V. GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Proposal (RFP) Number F18-02. All specifications are minimum. Bidders are expected to meet or exceed these specifications a s written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional bids, or those that take exception to the RFP specifications a nd requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer’s responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and mus t conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. “Seconds”, factory rejects, and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shal l prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer’s and/or dealer’s warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in thes e specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective October 1, 2017) computed at the rate of 8.0%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All “standard equipment” is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as “standard” equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 14.c Packet Pg. 445 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 23 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City’s sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in complete accordance with all provisions of RFP No. F18-02. In most cases the basis of award will be the City’s standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or emplo yee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the kn owledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting bids, RFP F18-02 , the Contractor’s bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of t his provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Vanessa Slouka at 909-384-5346. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 14.c Packet Pg. 446 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 24 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required f orms are completed and included with bid. Deliver all bids, SIGNED and SEALED, to the Purchasing Division, Finance Department at 290 North “D” Street, 3rd Floor, Vanir Tower, San Bernardino, California 92401. CLEARLY MARK THE RFP SPECIFICATION TITLE: PUBLIC RELATIONS AND MARKETING CONSULTANT FOR THE CITY OF SAN BERNARDINO and Number F-18-02 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, February 12, 2018, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor’s performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City’s willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the City’s Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. The Contractor will be required to furnish a cashier’s check, certified check or faithful performance bond / bid bond made payable to the City of San Bernardino in an amount equal to 100% / 10% of the bid price to insure the contractor’s faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best’s most rece nt insurance guide of “A” or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFP. 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one- year increments. 14.c Packet Pg. 447 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for RFP F18-02 PUBLIC RELATIONS AND MARKETING CONSULTANT 25 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response . Bids lacking copies and/or proof of said licenses and/or certifications may be dee med non- responsive and may be rejected. 36. Once the award has been made and prior to the commencement of the job, the City’s Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 14.c Packet Pg. 448 Attachment: CM.Agreement with Westbound Communications RFP F-18-02 (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 1 of 10 PUBLIC RELATIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS, INC. This Public Relations and Marketing Services Agreement (the “Agreement”) is entered into this 4th day of April, 2018 (“EFFECTIVE DATE”), BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 290 N. “D” Street, San Bernardino, California (the “CITY”); AND, Westbound Communications, Inc. a Public Relations and Marketing firm in the State of California with an address of 3850 Vine Street, in Riverside, California (the “ PR FIRM”) (individually CITY or PR FIRM may be referred to as a “PARTY” and collectively CITY and PR FIRM may be referred to as the “PARTIES”). W I T N E S S E T H : WHEREAS, the Mayor and City Council of CITY have determined that it is advantageous and in the best interest of the CITY to contract for Public Relations and Marketing Services; and, WHEREAS, CITY and PR FIRM desire to contract for Public Relations and Marketing Services and desire to set forth their rights, duties, and liabilities in connection with their performance; and, WHEREAS, PR FIRM is experienced in providing Public Relations and Marketing services to local government and other public agencies, and is qualified and willing to conduct full service branding, public relations and marketing on behalf of CITY. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. The PR FIRM shall provide the services of Public Relations and Marketing as described the attached proposal (EXHIBT “A”). 2. COMPENSATION AND EXPENSES. 2.1 Compensation. CITY agrees to pay, and PR FIRM agrees to accept, as full compensation for the PR FIRM’s services, compensation at the rate of Ten Thousand ($10,000.00) per month until such time as the Agreement terminates and Ninety One Thousand Dollars ($91,000.00) in one time services to conduct research, community engagement, branding, message development, and a communications plan . In no event shall the CITY pay more than Two Hundred Forty One Thousand Dollars 14.d Packet Pg. 449 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 2 of 10 ($241,000.00) under this Agreement without further written authorization from the Mayor and City Council. 2.2 The proposed budget does not include hard costs for printing of marketing materials. The agreed upon compensation includes up to Ten Thousand Dollars ($10,000.00) that shall reimbursed to PR FIRM for event costs. Event costs exceeding $10,000.00 shall be agreed upon in advance on a case by case basis, upon approval by the City Manager. No other expenditures made by PR FIRM shall be reimbursed by the CITY. The agreed upon compensation includes overhead expenses such as telephone, copy, postage, mileage, and related costs. 2.3 PR FIRM shall submit a monthly itemized invoice, which details the tasks performed as described in the Scope of Services along any supporting documentation. 2.4 Support staff for such services shall be provided by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be from the EFFECTIVE DATE until June 30, 2019, with three (3) one-year extensions at the City’s option. Option year one, if exercised, shall be effective July 1, 2019 through June 30, 2020. Option year two, if exercised, shall be effective July 1, 2020 through June 30, 2021. Option three, if exercised, shall be effective July 1, 2021 through June 30, 2022. This Agreement may be terminated at any time upon thirty (30) days written notice by either PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing. 4. INDEMNITY. PR FIRM agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents, or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of PR FIRM, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part o f the foregoing indemnity, PR FIRM agrees to protect and defend at its own expense, including attorney’s fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or om issions. PR FIRM hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the PR FIRM relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. 5.1 Minimum Scope and Limits of Insurance. PR FIRM shall obtain and maintain during the life of this Agreement all of the following insurance coverage: 14.d Packet Pg. 450 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 3 of 10 (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined singles limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Worker’s compensation insurance as required by the State of California. 5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: “The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City.” (b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City.” (c) Other insurance: “Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy.” 5.3 Certificates of Insurance. PR FIRM shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained within this Agreement, or the extent to which PR FIRM may be held responsible for payments of damages to persons or property. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, PR FIRM shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. PR FIRM shall perform work tasks provided by this Agreement, but for all intents and purposes PR FIRM shall be an independent contractor and not an agent or employee of the CITY. PR FIRM shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social 14.d Packet Pg. 451 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 4 of 10 Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for PR FIRM and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. PR FIRM warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of PR FIRM to practice its business or profession. 9. NOTICES. Any notices, documents, correspondence, or other communication concerning this Agreement or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE CITY: TO THE PR FIRM: City of San Bernardino Westbound Communication, Inc. 290 N. “D” Street, 3rd Floor 3850 Vine Street, Suite 480 San Bernardino, CA 92418 Riverside, CA 92507 Telephone: (909) 384-5122 Phone: (951) 462-1106 Attention: City Manager’s Office Attention: Carrie Gilbreth Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 10. ATTORNEYS’ FEES In the event that litigation is brought by any PARTY in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his/her office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 11. ASSIGNMENT. 14.d Packet Pg. 452 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 5 of 10 PR FIRM shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the PR FIRM’s interest in this Agreement without CITY’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY’s consent, no subletting or assignment shall release PR FIRM of PR FIRM’s obligation to perform all other obligations to be performed by PR FIRM hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of San Bernardino or the United States District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either PARTY for one or more breaches by the other PARTY are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The delay or failure of either PARTY to require performance or compliance of the other of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective 14.d Packet Pg. 453 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 6 of 10 unless made in writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future occurr ences or events and shall not be deemed a continuing waiver. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 19. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the PARTY executing (or on whose behalf such signature is execute) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof. 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally bound to the provisions of this Agreement. 22. COMPLIANCE WITH LAW PR FIRM agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. A PARTY shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. 24. RESPONSIBILITY FOR ERRORS. PR FIRM shall be responsible for its work and results under this Agreement. PR FIRM, when requested by CITY, shall furnish clarification and/or explanation as may be required by CITY’s representative, regarding any services rendered under this Agreement at no additional cost to CITY. 14.d Packet Pg. 454 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 7 of 10 In the event that an error or omission attributable to PR FIRM occurs, then PR FIRM shall, at no cost to CITY, provide all necessary services to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 25. ORDER OF PRECEDENCE. In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 26. CONSTRUCTION. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2018 WESTBOUND COMMUNICATIONS, INC. By: ___________________________ Carrie Gilbreth, Sr. Partner & Principle Dated ____________, 2018 CITY OF SAN BERNARDINO By:___________________________ Andrea M. Miller, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:___________________________ 14.d Packet Pg. 455 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 8 of 10 EXHIBIT “A” SCOPE OF WORK Task #1 – Research & Foundation – April 2018 through June 2018 This task encompasses the initial research necessary to define target audiences, identify what value the City offers to the target audiences, develop a brand positioning statement and test recommended brand concepts using targeted focus groups, surveys, and other methodologies as appropriate. PR FIRM will review and provide research results with staff. To complete these tasks, the PR FIRM will draw from existing research and community planning documents as well as conduct their own research and focus groups. Community engagement and input from San Bernardino residents, businesses, members of the development community, visitors, partner organizations and any other identified key group is critical to the success of all tasks. It may be necessary, as part of the community engagement process, to educate groups on what branding means and why it is important for the City of San Bernardino. The goal of this task is to answer the question, “Who are we as a City and how do we relate our ‘products’ and services in a way that’s meaningful to our customers and the values they hold dear?” Deliverables: Research Summary Brand positioning statement Task #2 – Branding and Message Development – July 2018 – September 2018 In this phase of the project, the PR FIRM will create the messaging, the expression of brand, and visual elements that will effectively communicate the City’s identity to target audiences. It is expected that this messaging connect to the hearts and minds of our audience and be believable, relevant and simple. Consistency will be key, but flexible enough to allow use by the wide variety of departments, programs and services that make up the City is also important. Visual elements will include recommended logo, colors, fonts, graphic style and elements that are adaptable for use across a variety of media applications, including the City website. Deliverables: Style guide with visual and graphic standards, including logo and other creative properties to support brand identity Templates for common needs such as letterhead, web page layout, report covers, brochures, etc. 14.d Packet Pg. 456 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 9 of 10 Task #3 - Strategic Brand Implementation & Community Engagement – September 2018 and Ongoing This task will define the activities designed to effectively establish the City’s new brand identity to the target audiences as well as identify ongoing strategies for communicating, maintaining and enhancing the brand’s value over the first three years following introduction. These strategies should: Prioritize both short and long‐term strategies and tactics, including a timeline. Employ a variet y of communication tools. Engage San Bernardino’s citizens, businesses & visitors. Enable target audiences to connect and interact with the City and use feedback to further build the City’s brand. Provide opportunities for target audiences to become advocates. Effectively tell the “San Bernardino” story. To ensure effective implementation, the brand strategy should recommend methods for tracking results and measuring success with target audiences. Deliverables: Brand and Advertising Strategy Tracking & Measurement Recommendations Task #4 – Development and Execution of a Communications Plan – April 2018 – and Ongoing This task requires the development of a Communications Plan for consistent, informative communication from the City to the public regarding actions of the City Council and staff, and regarding City programs, services, and initiatives. The firm should initiate ideas about when and how to inform the public, and carry out the tasks as directed by the City Manager. The firm will: Review existing policies and provide guidance to staff who will draft new communication and media policies relating to City communications. Develop and execute a strategy to improve all forms of communication with the public that are available to the City. Arrange for, and coordinate, media coverage of issues before the City, including assisting staff to organize press conferences and interviews and arranging appearances on appropriate media outlets. Provide guidance to City representatives in advance of public appearance and media coverage events, as directed by the City. 14.d Packet Pg. 457 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for PUBLIC REALTIONS AND MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WESTBOUND COMMUNICATIONS Page 10 of 10 Assist in development of educational materials, news stories, and briefing documents on current issues as well as long term matters, to ensure the quality and consistency of information provided to the public. Make recommendations to the City for more timely, transparent, and effective communication with residents, businesses, and guests of the City. Task #5 – Report and Presentation – No later than April 2019 The PR FIRM will deliver one (1) unbound copy, five (5) printed bound copies and one (1) electronic copy of their final branding report, including style guide and related graphics, to the City. Graphics designed to be used for placement in letterhead, folders, handouts and other marketing materials shall be in an electronic form commonly used by most computer software and shall not require the purchase of Adobe Photoshop or another marketing-based software to enable such use. In addition, the PR FIRM will be required to make a formal presentation to the City Manager and the City Council at the completion of the project to present their final report. 14.d Packet Pg. 458 Attachment: CM.Agreement with Westbound Communications.A2.Agreement (5459 : Agreement with Westbound Communications, Inc. for 15.a Packet Pg. 459 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees The Council can alter the structure, membership, powers and duties of boards, commissions and committees as well as abolish or create particular boards, commissions and committees other than those specifically referenced within the Charter. The Council may also grant power and duties to boards, commissions and committees that are consistent with the provisions of the Charter. Discussion Implementation of the new Charter requires changes to the Municipal Code provisions related to the boards, commissions, and committees. This presents an opportunity for the Mayor and City Council to review the existing advisory body system and make changes that ensure continued public involvement in the decision-making process by enhancing the experience and creating meaningful opportunities to serve the City in an advisory role. This includes an evaluation of: • Whether the current structure meets the City’s needs; • The general and specific areas of responsibility for each advisory body; • The eligibility requirements; • The appointment and removal process; and • Member training, development, and evaluation. This review process was initiated during the strategic planning workshop held in November 2017. Given the resources required to effectively support each citizen advisory body, direction was provided by the Mayor and City Council to reexamine the responsibility of each of our City’s advisory groups, reduce the number of advisory bodies and consolidate the areas of responsibility for each advisory body to ensure that we focus our efforts and are able to continue to provide meaningful opportunities for citizen participation and input in the City’s policy decisions. These changes started with the ordinance presented to the Mayor and City Council on January 17, 2018 updating the general provisions for Boards, Commissions and Citizen Advisory Committees contained in Municipal Code Chapter 2.17. The proposed changes to specific boards, commissions and committees began on February 7, February 21, and March 7, 2018 at which time the Mayor and City Council directed staff to move forward with the following: 1. Establishment of the Elected Official Compensation Advisory Commission; 2. Dissolution of the Relocation Appeals Board; 3. Dissolution of the Food Policy Council; 4. Dissolution of the Disaster Council; 5. Dissolution of the Community Development Commission; 6. Consolidation of the Senior Affairs and Parks and Recreation Commissions under the Parks, Recreation and Community Services Commission; 7. Consolidation of the Historical Preservation and Fine Arts Commissions under an Arts & Cultural Heritage Commission; 8. Consolidation of the Board of Building Commissioners and the Handicap Accessibility Appeals Board under the Building & Accessibility Appeals Board; 9. Consolidation of the Human Relations Commission and the Board of Police Commissioners under the Public Safety and Human Relations Commission; 15.a Packet Pg. 460 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees 10. Update of Municipal Code Chapter 5.82 pertaining to Operator Permits to eliminate permit requirements for services monitored or governed by other regulatory agencies or other portions of the Municipal Code. Operator permit appeals under this section of the Municipal Code will be referred to the City Manager; 11. Change in the scope of responsibility assigned to the Animal Control Commission to focus on animal shelter service and refer appeals associated with administrative citations and dangerous animals to a Hearing Officer; and 12. Establishment of operating guidelines for the Planning Commission requiring that recommendations for approval of General Plan amendments or amendments to the Municipal Code be made by an affirmative vote of not less than a majority of the total membership of the commission. The changes to be considered by the Mayor and City Council on April 4, 2018 are identified below: 1. The dissolution of the Bureau of Franchises: The Bureau of Franchises is tasked with issuing operator permits for non-medical transportation and taxi service companies. In most municipalities this responsibility is delegated to City staff under the permitting provisions established within the Municipal Code. When a meeting is held there is a significant amount of staff time required to prepare the materials necessary to enable the members of the Bureau to evaluate the permit request and make a decision. W ith infrequent meetings it is difficult to maintain a quorum of individuals with the expertise and experience needed to review and assess permit requests. Given that the Bureau’s approval is required before a business license can be issued, the inability to schedule a meeting consisting of a quorum delays the business licensing process. It is for these reasons it is recommended that the Bureau of Franchises be dissolved with its assigned duties referred to City staff, thereby streamlining the permitting process and improving customer service. Additionally, ambulances and chartered vehicles have been removed from Municipal Code Chapter 5.76 as these services are regulated by other government agencies. The Inland County Emergency Medical Agency (ICEMA) regulates ambulance services and chartered vehicles are regulated by Federal and State agencies. 2. The dissolution of the Mobile Home Rent Board: The Mobile Home Rent Board is comprised of five (5) voting members including one (1) mobile home park tenant, one (1) owner/operator and three (3) at-large community members charged with hearing appeals associated with increases in mobile home park rental fees. Given the limited scope of responsibility assigned to the Mobile Home Rent Board and the infrequency of such appeals, this board has not met in more than seven (7) years. With infrequent meetings it is difficult to maintain a quorum with the expertise and experience needed to hold a rent control hearing, take testimony and review detailed financial information and other related evidence. For these reasons it is recommended that mobile home park 15.a Packet Pg. 461 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees rent control appeals be referred to an independent hearing officer with expertise in municipal law. Mobile home parks are regulated by the California Department of Housing and Community Development. When needed, the Code Enforcement Division of the Police Department serves as a liaison with the California Department of Housing and Community Development in association with code compliance issues reported by residents in the City’s mobile home parks. The newly established Public Safety and Human Relations Commission is responsible for addressing quality of life issues within the City including code compliance. Given this charge, it is recommended that quality of life issues specific to mobile home parks be referred to this advisory Commission. The Mayor and City Council could alternatively establish an Ad Hoc Mobile Home Advisory Committee to address issues specific to mobile homes in the City of San Bernardino; however, staff surveyed several cities in our region and found that they do not have a separate advisory body charged solely with addressing mobile home park issues outside of rent control. 3. The consolidation of the Fine Arts and Historic Preservation Commissions under the Arts and Cultural Heritage Commission: On February 7, 2018 the Mayor and City Council directed staff to prepare a Resolution consolidating the Historical Preservation and Fine Arts Commissions into an Arts and Cultural Heritage Commission. In order for this Commission to represent and serve each of these focus areas, the diversity, knowledge, skills and experience of those appointed to the Commission will play an important role in the Commission’s ability to serve in an advisory capacity to the Mayor and City Council in matters pertaining to the arts, culture, and historic preservation and heritage in the City. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi-media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the Commission. With this consolidation, Municipal Code Chapter 15.37 Historic Building Demolition will need to be amended to reference the Arts and Cultural Heritage Commission in place of the Historical Preservation Commission. 4. The establishment of operating guidelines for the Library Board of Trustees: Article VI, Section 602 of the City Charter establishes the Library Board of Trustees consisting of five (5) members charged with: a. Providing adequate library services; b. Appointing a Library Director; c. Administering the Library budget allocated by the Council; d. Making and enforcing all rules and regulations applicable to library services; and e. Administering such additional matters as may be determined by ordinance. 15.a Packet Pg. 462 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees While the City Charter establishes the scope of responsibility assigned to the Library Board it does not define the terms of office, meeting frequency, attendance, qualification and reporting requirements for the Board. The addition of Section 2.27 of the Municipal Code establishes these provisions (Attachment 6). Next Steps The final items to be considered in association with the changes to the City’s boards, commissions and citizen advisory committees will include the establishment of operating guidelines such as meeting and reporting requirements for the Personnel Commission and the Water Board which are established under Article VI of the City’s Charter. These final changes will be presented to the Mayor and City Council for consideration within the next several months. With the approval of the specific changes to the City’s citizen advisory system presented for consideration by the Mayor and City Council beginning on February 7, 2018 and concluding on April 4, 2018, the number of boards, commissions and citizen advisory committees will be reduced from twenty-three (23) to thirteen (13) including the following: 1. Arts and Cultural Heritage Commission 2. Animal Control Commission 3. Building and Accessibility Appeals Board 4. Charter Review Committee 5. Elected Official Compensation Commission 6. Library Board 7. Citizens Advisory Committee on Marijuana (Ad Hoc) 8. Measure “Z” Citizens Oversight Committee 9. Parks, Recreation and Community Services Commission 10. Personnel Commission 11. Planning Commission 12. Public Safety and Human Relations Commission 13. Water Board Once the consolidation of the City’s citizen advisory bodies is completed, a formal orientation program including the following components will be implemented. 1. A Handbook with uniform guidelines for conducting meetings in accordance with adopted laws and policies and to assist members in understanding the background and responsibilities of the advisory body on which they have been asked to serve will be provided to each member. 2. Members will meet with the staff liaison designated to support the advisory body. The staff liaison is charged with reviewing the citizen advisory body handbook and addressing issues specific to the board, commission or committee. 15.a Packet Pg. 463 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees 3. Additional ethics training will be required for those serving on citizen advisory bodies responsible for making financial and/or personnel related decisions including the Planning Commission, Water Board, Library Board, Personnel Commission and Building and Accessibility Appeals Board. The members of these Boards and Commissions will receive two hours of ethics training within the first year of appointment and, thereafter, receive two hours of ethics training every two years. A focused effort will need to be made to fill all existing board, commission and committee vacancies particularly for those advisory bodies that are new or have been altered in terms of composition and appointment requirements including the Elected Official Compensation Advisory Commission and Building and Accessibility Appeals Board. Fiscal Impact The costs related to the Charter implementation services were approved by the Mayor and City Council at the February 23, 2017, meeting. Conclusion 1. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing Municipal Code Chapter 2.43 Bureau of Franchises and amending Chapter 5.76 related to Bureau of Franchises, Taxicabs and Non-Emergency Vehicles. 2. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California amending Municipal Code Chapter 8.90 Mobile Home Rents dissolving the Mobile Home Rent Board and delegating responsibility for the review of Mobile Home Park rent increase requests to an independent Hearing Officer. 3. Adopt a Resolution establishing the Arts and Cultural Heritage Commission. 4. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California amending Municipal Code Chapter 15.37 Historic Building Demolition. 5. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California enacting Municipal Code Chapter 2.27 Library Board. Attachments Attachment 1 – City Charter Attachment 2 – Ordinance repealing Municipal Code Chapter 2.43 Bureau of Franchises and amending Municipal Code Chapter 5.76 Taxicabs and Non- Emergency Medical Vehicles Attachment 3 – Ordinance amending Municipal Code Chapter Section 8.90 Mobile Home Rents Attachment 4 – Resolution establishing the Arts and Cultural Heritage Commission 15.a Packet Pg. 464 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees Attachment 5 – Ordinance amending Municipal Code Chapter Section 15.37 Historic Building Demolition. Attachment 6 – Ordinance enacting Municipal Code Chapter 2.27 Library Board Ward: Synopsis of Previous Council Actions: 1. 6/7/17 - Ordinance MC-144 adopted - Chapter 2.50 Personnel Commission 2. 12/6/17 - Resolution No. 2017-239 adopted dissolving the Community Development Citizen Advisory Committee 3. 1/17/18 - First reading of Ordinances repealing and replacing Municipal Code Chapters 2.17 Boards, Commissions and Citizen Advisory Committees and 2.75 City Council Sub- Committees 4. 2/7/18 – a. Resolution No. 2018-38 adopted dissolving the Food Policy Council b. Final reading and adoption of Ordinances amending Municipal Code Chapters 2.17 Boards, Commissions and Citizen Advisory Committees and 2.75 City Council Sub- Committees: i. Ordinance No. MC-1454, amending Municipal Code Chapter 2.17, Boards, Commissions and Citizen Advisory Committees – General ii. Ordinance No. MC-1455, amending Municipal Code Chapter 2.76, City Council Sub-Committees c. First reading of Ordinances amending or repealing and replacing Municipal Code Chapters pertaining to the following Boards and Commissions: i. Ordinance No. MC-1458, repealing Municipal Code Chapters 2.18 Parks, Recreation and Community Services Department, 2.30 Fine Arts Commission and 2.49 Senior Affairs Commission. ii. Ordinance No. MC-1459, repealing Municipal Code Chapters 2.31 Relocation Appeals Board; 2.40 Community Development Commission; and 2.46 Disaster Council. iii. Ordinance No. MC-1460, repealing Municipal Code Chapter 2.23 Historical Preservation Commission. iv. Ordinance No. MC-1463, amending Municipal Code Chapter 2.19 establishing an Elected Official Compensation Advisory Commission. 15.a Packet Pg. 465 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees Synopsis of Previous Council Actions Continued: 1. 2/21/18 – a. Resolution No. 2018-45 adopted establishing the Animal Control Commission. b. Resolution No. 2018-46 adopted establishing the Public Safety and Human Relations Commission c. Resolution No. 2018-47 adopted establishing the Parks, Recreation and Community Services Commission d. Final reading and adoption of Ordinances repealing and replacing Municipal Code Chapters pertaining to the following Boards, Commissions and Citizen Advisory Committees: i. Ordinance No. MC-1458, repealing Municipal Code Chapters 2.18 Parks, Recreation and Community Services Department, 2.30 Fine Arts Commission and 2.49 Senior Affairs Commission. ii. Ordinance No. MC-1459, repealing Municipal Code Chapters 2.31 Relocation Appeals Board; 2.40 Community Development Commission; and 2.46 Disaster Council. iii. Ordinance No. MC-1460, repealing Municipal Code Chapter 2.23 Historical Preservation Commission. iv. Ordinance No. MC-1463, amending Municipal Code Chapter 2.19 establishing an Elected Official Compensation Advisory Commission. e. First reading of Ordinances amending or repealing and replacing Municipal Code Chapters pertaining to the following Boards and Commissions: i. Ordinance No. MC-1468 repealing Municipal Code Chapter 2.26 Animal Control Commission ii. Ordinance No. MC-1469 amending Chapter 6.14 Administrative Citations iii. Ordinance No. MC-1470 amending Chapter 6.09 Vicious and Potentially Dangerous Dogs iv. Ordinance No. MC-1471 repealing Municipal Code Chapters 2.34 Board of Police Commissioners and 2.39 Human Relations Commission v. Ordinance No. MC-1472 amending Municipal Code Chapter 5.82 Operator Permit Regulations vi. Ordinance No. MC 1473 amending Municipal Code Chapter 2.22 Planning Commission vii. Ordinance No. MC-1474 amending Municipal Code Chapter 2.45 Building and Accessibility Appeals Board and repealing Resolution 94-254 15.a Packet Pg. 466 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees Synopsis of Previous Council Actions Continued: 2. 3/7/18 – a. Final reading and adoption of Ordinances repealing and replacing Municipal Code Chapters pertaining to the following Boards, Commissions and Citizen Advisory Committees: i. Ordinance No. MC-1468 repealing Municipal Code Chapter 2.26 Animal Control Commission ii. Ordinance No. MC-1469 amending Chapter 6.14 Administrative Citations iii. Ordinance No. MC-1470 amending Chapter 6.09 Vicious and Potentially Dangerous Dogs iv. Ordinance No. MC-1471 repealing Municipal Code Chapters 2.34 Board of Police Commissioners and 2.39 Human Relations Commission v. Ordinance No. MC-1472 amending Municipal Code Chapter 5.82 Operator Permit Regulations vi. Ordinance No. MC 1473 amending Municipal Code Chapter 2.22 Planning Commission vii. Ordinance No. MC-1474 amending Municipal Code Chapter 2.45 Building and Accessibility Appeals Board and repealing Resolution 94-254 15.a Packet Pg. 467 Attachment: CM.Charter Implementation IV - STAFF REPORT PART IV - Changes to City Boards, Commissions & Citizen Advisory Committees City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 Attachment 115.b Packet Pg. 468 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries ....................................................................................... 1 Section 101. Powers of the City ............................................................................................. 1 Section 102. Interpretation of Powers .................................................................................... 1 Section 103. Rights and Succession ...................................................................................... 1 Section 104. Intergovernmental Relations .............................................................................. 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government ......................................................................................... 2 ARTICLE III: CITY COUNCIL AND MAYOR 2 Section 300. General Powers and Duties ............................................................................... 2 Section 301. Composition, Eligibility, and Terms .................................................................... 2 Section 302. Powers and Duties of the Council ...................................................................... 3 Section 303. Powers and Duties of the Mayor ........................................................................ 3 Section 304. Manners of Action ............................................................................................. 4 Section 305. Compensation; Expenses .................................................................................. 4 Section 306. Prohibitions ....................................................................................................... 4 Section 307. Vacancies; Filling of Vacancies ......................................................................... 5 Section 308. Judge of Qualifications ...................................................................................... 5 Section 309. Council Organization, Meetings and Rules of Order ........................................... 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5 Section 401. Powers and Duties ............................................................................................ 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions ............................................................................................ 7 Section 502. Direction by City Manager ................................................................................. 7 Section 503. Continuation of Departments ............................................................................. 7 15.b Packet Pg. 469 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 2 Section 504. City Attorney ...................................................................................................... 7 Section 505. City Clerk .......................................................................................................... 7 Section 506. Departmental Administrators; Appointive Powers .............................................. 8 Section 507. Services ............................................................................................................ 8 Section 508. Personnel System ............................................................................................. 8 Section 509. Official Bonds. ................................................................................................... 8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions ............................................................................................ 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules .......................... 9 Section 602. Library ............................................................................................................... 9 Section 603. Water and Wastewater ...................................................................................... 9 Section 604. Personnel Commission .....................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year .......................................................................................................10 Section 701. Submission of Budget and Budget Message .....................................................10 Section 702. Budget and Capital Improvement Program .......................................................10 Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11 Section 704. Independent Audit ............................................................................................11 Article VIII: ELECTIONS 11 Section 800. City Elections ...................................................................................................11 Section 801. Elective Officers; Terms....................................................................................11 Section 802. Number of Wards .............................................................................................12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall .........................................................12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments .....................................................................................12 Section 1001. Periodic Review of Charter .............................................................................12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability .....................................................................................................12 15.b Packet Pg. 470 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 15.b Packet Pg. 471 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 15.b Packet Pg. 472 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 3 Section 302. Powers and Duties of the Council The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member. Section 303. Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and 15.b Packet Pg. 473 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 4 (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely 15.b Packet Pg. 474 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 5 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 15.b Packet Pg. 475 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 6 establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 15.b Packet Pg. 476 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 7 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 15.b Packet Pg. 477 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 8 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 15.b Packet Pg. 478 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page 9 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 15.b Packet Pg. 479 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan 15.b Packet Pg. 480 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Section 800. City Elections Article VIII: ELECTIONS Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward 15.b Packet Pg. 481 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 San Bernardino Charter Page by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Section 1100. Severability ARTICLE XI: SEVERABILITY If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. 15.b Packet Pg. 482 Attachment: CM.Charter Implementation IV - A1.CITY CHARTER - City Boards, Commissions & Citizen Advisory Committees - Attachment 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REPEALING CHAPTER 2.43 OF THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING CHAPTER 5.76 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO BUREAU OF FRANCHISES, TAXICABS, AND NON-EMERGENCY VEHICLES WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, the new Charter retains all existing departments and offices within the city until changed by ordinance, and established a Council/Manager form of government, assigning to the City Manager the power to establish City departments subject to approval of the City Council and prescribe their functions; and WHEREAS, the City Council in implementing the new charter provisions has evaluated the community’s need for various committees and commissions and desires to eliminate some bodies and consolidate others to increase efficiency and preserve scarce resources; and WHEREAS, the City Council has determined that the duties of the Bureau of Franchises will be transferred to City staff. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.43 of the San Bernardino Municipal Code relating to Bureau of Franchises is hereby repealed. SECTION 2. Chapter 5.76 of the San Bernardino Municipal Code – “Taxicabs, Ambulances and Chartered Vehicles” is hereby amended in the following respects only: Chapter 5.76 TAXICABS AND NON-EMERGENCY MEDICAL VEHICLES Sections: 5.76.010 Short Title 5.76.020 Definitions 5.76.030 Permit-Required 5.76.040 Permit-Petition for Requirements-Filing Fees 5.76.050 Permit - Issuance – Hearings 5.76.060 Permit - Issuance - Increase in service 5.76.070 Transfer of Certificates 15.c Packet Pg. 483 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.76.080 Notice of Amendments 5.76.090 Dial-a-Ride Service 5.76.100 Only Authorized Service Permitted 5.76.110 Revocation, Suspension and Cancellation of Permits - Notice – Hearing 5.76.120 License - Fees - Reports on Charter Vehicle Hire 5.76.130 Display of Permits Plates 5.76.140 Insurance - Ambulance and Non-Emergency Medical Transportation Vehicles 5.76.170 Advertising 5.76.180 Availability of Service 5.76.190 Cruising and Loading 5.76.200 Rates - Taxicab Service 5.76.210 Rates - Dial-a-Ride Taxicab Medical Transportation Rates 5.76.220 Rates - Minimum and Maximum for Limousine and Chartered Vehicle Service 5.76.230 Rates – Established 5.76.240 Change in rates 5.76.250 Discrimination of rates prohibited 5.76.260 Rates to be displayed 5.76.270 Refusal to Pay Fare 5.76.280 Drivers 5.76.290 Investigation of Drivers 5.76.300 Identification of Vehicles 5.76.310 Identity Lights 5.76.320 Route - Passenger Limit in Taxicabs 5.76.330 Equipment - Inspection 5.76.340 Taximeter required - Inspection – Operation 5.76.350 Waiting Time-On-Scene Time-Ambulances 5.76.360 Receipt to be Given Upon Request 5.76.370 Trip Sheets - Driver's ReportsTransaction Records 5.76.380 Inspection of Records 5.76.390 Taxi stands - Application for - Standing Restricted 5.76.400 Taxi stands - Issuance of Permits 5.76.410 Taxi Stands - Permits subject to Revocation 5.76.420 Taxi Stands – Authorized Use Only 5.76.430 Taxi Stands - Application Fee – Exemption 5.76.440 Taxi Stand Maintenance Fee 5.76.500 Medical Transportation Rates 5.76.510 Ambulance Carrier Requirements 5.76.520 Drivers and Attendants of Ambulances 5.76.530 Drivers of Wheelchair Passenger Transportation Vehicles or a Transportation Van for the HandicappedDisabled 5.76.575 Application to City 5.76.580 Enforcement 5.76.020 Definitions 15.c Packet Pg. 484 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the purpose of this Chapter, the following terms shall be deemed and construed to have the meanings respectively ascribed to them in this section, unless from the particular context it clearly appears that some other meaning is intended: 1. "Advertise" means to give public notice either by publication in a newspaper, or by means of handbills, placards, or other written public notice or call to the public attention by any means whatsoever. 2. "Ambulance" means any privately owned emergency motor vehicle except a wheelchair passenger transportation vehicle, equipped or used for the purpose of providing medical care and medical transportation, including but not restricted toprimarily intended for and used for emergency transportation, but shall not mean a funeral coach or hearse. 3. "Carrier" means and includes every person, firm, corporation, partnership, joint venture or other form of business organization engaged in operating, or causing to be operated, any vehicle required by the provisions of this Chapter of the City, as amended, to be covered by a permit. 4. "Chartered vehicle" means and includes every vehicle other than taxicabs, dial-a-ride taxicabs, handicapped transportation vans, chauffeured limousines, medical transportation vehicles and sight-seeing vehicles used for the public transportation of passengers for compensation over the streets of the City, not over defined routes, to a destination and/or over a route, or routes, designated by the hirer thereof when the point of origin is within the City. 5. "Chauffeured limousine" means and includes every vehicle, the seating capacity of which has been specified by the manufacturer thereof to be seven persons, or more, but does not include a bus, dial-a-ride taxicab, or handicapped transportation 15.c Packet Pg. 485 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 van, not operated with a taximeter, and used for the transportation of passengers for compensation, over the streets of the City, but not over defined routes, when point of origin is within the City. 46. "City" means the City of San Bernardino, California. 57. "Compensation" as used in this Chapter means and includes any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid, accepted or received for transportation of a person or persons or for services rendered, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. 8. “Dial-a-ride taxicab” means and includes every vehicle used for public transportation of passengers over the streets of the City, but not over defined routes, for which each patron shall pay a flat fee, and the vehicle may transport unrelated multiple passengers at the discretion of the dial-a-ride taxicab. All provisions relating to "taxicab" shall apply to a dial-a-ride taxicab except when specifically excluded. 69. "Dialysis transportation vehicle" means any privately owned motor vehicle which is equipped and used exclusively for the purpose of medical transportation of passengers requiring treatment for end stage renal disease at any licensed Hemodialysis Unit. 7. "Driver" means and includes every person driving, operating or in charge of any vehicle as definedregulated by this Chapter. 810. "Driver's permit" means the permit issued by the Chief of Police to any person operating or driving any vehicle as definedregulated by this chapter. 911. "HandicappedDisabled transportation van" means a vehicle equipped as a wheelchair transportation vehicle used for the public transportation of 15.c Packet Pg. 486 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 handicappeddisabled persons over the streets of the City but not over defined routes pursuant to an agreement with the City. The transportation van shall not charge direct compensation for its services, but may, with the approval of the Mayor and CommonCity Council, accept nominal donations therefor. 10. "Medical transportation vehicle" means any vehicle included in the definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger transportation vehicle, which is used for medical transportation. 1112. "Non-Emergency Medical transportation" means the transportation for hire, except by taxicab or ambulance, of any passengers who may be wounded, sick, injured, ill, incapacitated, infirm, an expectant mother, or dead person, to or from any office, facility or institution which regularly offers any type of non-emergency medical care or service. 1213. "Person" means and includes persons, firms, corporations, associations, syndicates, joint ventures, joint stock companies, partnerships and any other form of business organization. 14. "Sight-seeing vehicle" means and includes every vehicle other than taxicabs and charter vehicles used for the transportation of passengers for compensation over the streets of the City, whether or not over defined routes for sight- seeing purposes or showing points of interest when the route is designated by the carrier and when the point of origin is within the City. 135. "Street" means and includes every public street, road, alley, place, way or highway in the City. 146. "Taxicab" means and includes every vehicle used for the public transportation of passengers over the streets of the City, but not over defined routes, 15.c Packet Pg. 487 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 irrespective of whether such operations extend beyond the City, whether or not compensation is paid for such transportation, and whether or not the charge to patrons is determined and indicated by the mechanical calculation of a taximeter as defined in subsection 157 of this section but does not include dial-a-ride taxicabs. 157. "Taximeter" means a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled, or for waiting time, or both, and upon which such charge is plainly registered by means of figures, indicating dollars and cents. 168. "Taxi stand" means a place on a public street designated by the bureauCity for the use, while awaiting employment, of a vehicle covered by this Chapter. 179. "Temporary driver's permit" means a permit issued by the Chief of Police to any person to temporarily operate or drive any vehicle as definedregulated by this Chapter. 1820. "Wheelchair passenger transportation vehicle" means any privately owned motor vehicle equipped or used for the purpose of medical transportation of passengers confined to a wheel chair who are unable to be transported in a normal manner by taxicab or private automobile, but do not require the use of a stretcher, litter or ambulance cot. The use of a stretcher, litter or ambulance cot or other device for the transportation of passengers in a reclining position is prohibited in a wheelchair passenger transportation vehicle. 21. "Dialysis transportation vehicle" means any privately owned motor vehicle which is equipped and used exclusively for the purpose of medical transportation of 15.c Packet Pg. 488 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 passengers requiring treatment for end stage renal disease at any licensed Hemodialysis Unit. 22. "Medical transportation vehicle" means any vehicle included in the definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger transportation vehicle, which is used for medical transportation. 5.76.030 Permit-Required It is unlawful for any person to drive, operate or cause to be operated, or to employ, permit or allow another to drive, operate or cause to be operated, any taxicab, or non- emergency medical transportation vehicle over any street of this City regardless of whether such operation extends beyond the boundary limits of the City, or to advertise for, solicit, induce, persuade, invite, or procure such transportation of passengers, or sick or injured persons for non-emergency transportation without first obtaining a permit from the BureauCity, subject to the exceptions set forth in the following subsections: A. A vehicle or medical transportation vehicle which is lawfully transporting a passenger or a patient from a point outside the City to a destination within the City, or en route to a destination outside the City, is excepted; provided, that no such vehicle shall solicit or accept a passenger or patient from within the City for transportation to any destination whatsoever without such permit. B. Any private medical transportation vehicle accepting and transporting a patient within the City when such private medical transportation vehicle has been requested or summoned by any police, fire, or civil defense authority or has been informed by the person requesting such transportation that no permittee hereunder is willing or able to render such transportation and the Police Department of the City has been notified that such transportation will be made is excepted; provided, that the 15.c Packet Pg. 489 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BureauCity may revoke the permit of any permittee refusing such transportation unless the following conditions exist: 1. The permittee has notified the BureauCity in writing of the time and date of each such refusal and the reasons therefor on or before the tenth day of the following month; and 2. The BureauCity finds that the permittee refusing service was not able by reason of unavailability of equipment and personnel to render such service. In making this finding, the CityBureau may require the permittee to furnish any further information reasonably necessary for such determination. C. A vehicle being operated pursuant to franchise issued by the authority of the State Public Utilities Commission or Interstate Commerce Commission is excepted. D. A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institution is excepted. E. A vehicle being operated under what is commonly referred to as a "share-the ride share" plan or arrangement, as where a person en route from his place of residence to his place of business, or vice versa, transports another person living and working in the same general vicinity upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle is excepted. F. A vehicle rented or leased for self-operation by a person using such vehicle under a plan commonly known as “U-Drive” unless it is used by such person to transport other persons for compensation, is excepted. G. Any ambulance or medical transport vehicle maintained, owned or operated by any firm, corporation, copartnership or individual engaged in any business other 15.c Packet Pg. 490 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 than the ambulance business in this City, which ambulance or medical transport vehicle is maintained, owned or operated exclusively or primarily for the use and benefit of officers, servants or employees of such firm, corporation, co-partnership or individual is excepted. H. Any private ambulance which is lawfully transporting a patient from the San Bernardino County General Hospital directly and nonstop to a point outside the City is excepted. IH. OneAny handicappeddisabled transportation van for the handicapped operatedion pursuant to an agreement with the City subject to the terms, covenants and conditions of such agreement and any applicable rules and regulations adopted by the Mayor and City Council Bureau of Franchises provided, that such rules and regulations may be modified or amended by the Mayor and CommonCity Council at any time. 5.76.040 Permit - Petition for - Requirements - Filing Fees A. Any person desiring a permit to operate vehicles coveredregulated by this Chapter shall file a petition therefor with the BureauFinance Department. Such petition shall be verified by oath of the applicant, if a natural person; or by oath of an officer or partner of the applicant, if the applicant is a corporation, partnership, association or unincorporated company, and which petition shall set forth the name, age, and address of the petitioner, if a natural person, or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of all its officers together with their respective residence addresses; or if a partnership, association or unincorporated company, then the names of the partners or persons comprising the partnership, association or company, together with their respective 15.c Packet Pg. 491 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ages and residence addresses. The petition shall also state the trade name or style, if any, under which the applicant proposes to operate; full information pertaining to the extent, character and nature of the proposed operation; and the manner in which such proposed operations are to be conducted; the type, model, capacity and condition of the vehicles proposed to be operated; a full statement of the petitioner's assets and liabilities; and such other or additional information as the Finance Department Bureau may require. B. The BureauFinance Department shall, upon receipt of such petition, make full and complete inquiry into the facts set forth therein, hold a hearing thereon upon such notice to interested persons as it shall prescribe, and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. Such permit shall be for a specified number of vehicles which shall only be increased by authority of the BureauFinance Director. Such permit may, at the pleasure of the Bureau,City, be for a prescribed period or for an indefinite period; provided, that in either event the permit shall be subject to revocation, or suspension, as provided in this Chapter or other ordinances of the City. When issued, such permit shall constitute evidence of compliance with the terms of this Chapter, and shall authorize the permittee to operate vehicles under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances, and shall become effective only upon payment of the fees required by the provisions of all ordinances or resolutions applicable thereto. C. At or before the time the petition is filed with the Finance DepartmentBureau, the petitioner shall pay to the City Clerk Finance Department a filing fee of five hundred 15.c Packet Pg. 492 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dollars, plus ten dollars for each vehicle proposed to be covered by the permit, or such amount as may subsequently be set by Resolution of the Mayor and City Council. 5.76.050 Permit - Issuance - Hearings No permit shall be granted to any carrier, as defined in Section 5.76.020, except after a hearing thereon, conducted under and in accordance with such rules and regulations as may, from time to time, be prescribed therefor by the BureauMayor and City Council and until the BureauFinance Department shall have determined that the public convenience and necessity require the operation proposed by the applicant for such permit. The BureauFinance Department, in determining whether or not such facts exist, shall take into consideration the public demand for such service, the adequacy or inadequacy of service being rendered by other carriers, the effect of such service upon traffic, the financial responsibility of the applicant, the amount of wages to be paid to employees, the character of equipment proposed to be furnished, and any and all other facts which the BureauFinance Department may deem relevant. Before granting any such permit, the BureauFinance Department shall require its engineer or other authorized officer to present an oral or written report which shall include his or her opinion as to the existence of public convenience and necessity for the operation proposed by the applicant. However, the burden of establishing the existence of public convenience and necessity shall always be borne by the applicant, and no permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by such applicant. The foregoing provisions and requirements shall also apply where an increase in service is requested. 5.76.060 Permit - Issuance - Increase in Service A. If the BureauFinance Department finds that further service in the nature of that proposed in the City is required by the public convenience and necessity, then each 15.c Packet Pg. 493 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 holder of a certificate to operate taxi and/or non-emergency medical transportation vehicles in said class shall be notified as to the total increase in the number of such vehicles for which the convenience and necessity is found. The BureauFinance Department shall then determine, subject to approval, reversal or modification thereof by the Mayor and Common Council City Manager, whether each such holder shall have the right to increase the number of such vehicles in the same proportions that the total increase bears to the number of such vehicles theretofore operated by the holder; or whether an applicant shall be granted a permit to provide such service in accordance with the procedures herein provided upon the condition that the applicant meets all the requirements of this Chapter. B. In making the above findings and determinations, the BureauFinance Department shall be governed and limited by the following standards: 1. Not more than one taxicab, excluding dial-a-ride taxicabs, shall be permitted for each two thousand five hundred residents of the City, or major portion thereof. 2. Not more than one dial-a-ride taxicab shall be permitted for each six thousand residents of the City, or major portion thereof. 3. Not more than one ambulance shall be permitted for each twenty-five thousand residents of the City, or major portion thereof. 4. Not more than one wheelchair passenger transportation vehicle shall be permitted for each one hundred thousand residents of the City, or major portion thereof; provided, that if the number of calls average over ten per day per vehicle in any ninety-day period, then the BureauFinance Department may authorize an additional vehicle. 15.c Packet Pg. 494 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Not more than one chauffeured limousine shall be permitted for each seventy-five thousand residents of the City, or major portion thereof. 62. Not more than one dialysis transportation vehicle shall be permitted for each twenty-five thousand residents of the City, or major portion thereof. C. The number of residents of the City shall be determined by the current population estimate of the Director of Development ServicesCalifornia Department of Finance of the City. D. The above limitation of not more than one vehicle for the indicated number of residents means one operating vehicle during each hour of any day. 5.76.070 Transfer of Certificates A. No permit or certificate of public convenience and necessity shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the approval of the Finance DepartmentBureau, and the sale, assignment, mortgaging, transfer or otherwise conveying any such certificate without the approval of the BureauFinance Department first had and obtained shall revoke the certificate. Any successor, transferee or assignee shall comply with each requirement and condition of the permit or certificate. B. Any aggrieved and interested party may appeal to the Mayor and Common Council City Manager from a decision of the BureauFinance Department made pursuant to this section, by filing a written notice of appeal with the Finance Department within ten (10) days of the challenged decision. The City Manager shall provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses, and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a written decision explaining the basis of his or her decision on the appeal and a 15.c Packet Pg. 495 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 copy of the written decision shall be mailed to the appellant., and the appeal provisions of Chapter 2.64 shall be applicable to such proceedings. 5.76.090 Dial-a-Ride Service A. A person holding a taxicab permit under the provisions of this Chapter and having an agreement with the City authorizing a dial-a-ride service may drive, operate or cause to be driven or operated authorized vehicles on the public streets, subject to the terms, covenants and conditions of said agreement, this chapter and any applicable rules and regulations adopted by the Bureau of FranchisesThe Finance Department or the Finance Director Bureau or its chairman shall issue a dial-a-ride permit upon execution of the agreement. B. The BureauCity may adopt rules and regulations governing the operation of such service after giving notice and an opportunity to be heard to all persons, firms, corporations and associations having operating permits or certificates issued under this Chapter and other interested persons; provided, that such rules and regulations shall not conflict with the provisions of the agreement and may be reversed or modified by the Mayor and CommonCity Council at any time during the term of the agreement. 5.76.100 Only authorized service permitted It is unlawful for any carrier granted a permit under this Chapter to conduct any operation or give any service other than the service authorized by its permit granted by the BureauCity. 5.76.110 Revocation, suspension and cancellation of permits - Notice - Hearing A. The Finance Department shall have the power to suspend or revoke any or all of the carrier permits granted under the provisions of this Chapter when it has determined 15.c Packet Pg. 496 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that any of the provisions hereof have been violated, or that any holder of such a permit has failed to comply with the terms of such permit or the rules and regulations of the City pertaining to the operation, character and quality of the service, of any such vehicles. Before revocation of such permit, the carrier shall be entitled to a hearing thereon before the Director of Finance and shall be notified thereof. B. Notice of hearing on such proposed suspension or revocation shall be in writing and shall be served at least five days prior to the date of the hearing thereon, such service to be upon the holder of such permit, or its manager, or agent, and which notice shall state the grounds of complaint against the holder of such permit and shall also state the time when and the place where, such hearing will be held. In the event the holder of such permit cannot be found, or service of such notice cannot be made upon it in the manner herein provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such carrier at its last known address, at least five days prior to the date of such hearing. 5.76.120 License - Fees - Reports on Charter Vehicle Hire A. Each permit issued pursuant to this Chapter shall entitle the holder thereof to obtain a license to engage in the business described in the permit upon payment of the fees required by the City's license ordinance, provided the holder of such permit complies with all other applicable provisions of law or City ordinances. B. Prior to issuance of any such license, the applicant therefor shall obtain from the City a certificate showing that a permit is in effect authorizing the proposed service by the applicant, that issuance as required by ordinance is in effect and describing the vehicles so authorized to be used. The applicant shall file the certificate so issued by the Bureau with the license tax collector at the time the license is issued. The license 15.c Packet Pg. 497 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tax collector shall retain such certificate so filed and shall indicate thereon the serial number of the license issued pursuant thereto. C. Any permittee holding a valid and effective permit for operation of a charter vehicle shall be entitled, provided all other applicable laws and ordinances are complied with, to obtain a license to engage in the business thereby permitted and shall, likewise, be entitled to receive a certificate from the City that such permit, or permits are in effect. Each such licensee shall, not later than the tenth day of each month, file with the Department of Finance a verified report covering the operation of Charter vehicles by such licensee for the previous calendar month. Such report shall show the date, the place of origin, the ultimate destination, the name of the party employing the vehicle, the type, make, and state license number of the vehicle, such other data as may be required by the Finance Department upon forms provided by it. A copy of each report shall be filed with the City license tax collector, and shall be accompanied by payment of the amount due. D. In the event any person required to file such monthly report fails to do so, or in the event such reports are found not to be complete, the Finance Department may immediately terminate the permits held by such person under this Chapter. 5.76.130 Display of Permits Plates A. There shall be displayed upon each vehicle operated pursuant to the terms of this Chapter a numbered permit plate, for the current year, to be issued by the City upon payment of the required license fee. Such plates shall be of a material and of a form and design prescribed by the BureauCity from time to time. Each such platepermit shall be securely attached on the hood of any towing vehicle and on the rear of any other vehicle and shall be plainly visible at all times. 15.c Packet Pg. 498 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. In the event of loss or destruction of any such permitplate, a renewal platepermit shall be secured by payment to the Finance Department of a fee of two dollars for each such platepermit, or such fee as shall be subsequently set by Resolution of the Mayor and City Council, but no such renewal permitplate shall be issued except upon application to the BureauFinance Department, and establishing by clear and satisfactory proof that the platepermit being replaced has been lost or destroyed. C. A current and complete description of each vehicle on which a permit plate is attached or may be attached and displayed shall be filed on an approved form with the Franchise BureauFinance Department. 5.76.140 Insurance - Ambulance and Medical Transportation Vehicles No carrier which operates ambulances, non-emergency medical transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation van, or dialysis transportation vehicles shall operate, or permit to be operated, any vehicle under the provisions of this Chapter, unless and until such vehicle is covered by the insurance requirements set forth below, and the policy of such insurance or a certificate thereof, in an insurance company approved by the City, has been filed with the Finance Department. Such policy or certificate shall set forth with particularity the make, number and other identifying data of each vehicle covered by such policy, together with the expiration date of such policy, and any other information required by the Department of Finance. For ambulancesnon-emergency medical transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation vans, or dialysis transportation vehicles, two million dollars combined single incident public liability and property damage insurance is required. 5.76.160 Numbering of vehicles 15.c Packet Pg. 499 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Each vehicle operated pursuant to the terms of this Chapter shall be numbered. Such number shall be painted upon the body of the vehicle in numerals not less than four inches nor more than six inches in height in a position, or positions, approved by the bureauFinance Department. A City permit plate shall be attached to each vehicle. 5.76.170 Advertising No advertising or advertising device shall be placed on or in any vehicle operated under this Chapter without the approval of the Department of Finance. 5.76.200 Rates - Taxicab Service The rates or fares to be charged the public for taxicab service shall not be more than the maximum rates established by resolution of the Mayor and City Council. 5.76.210 Medical Transportation Rates The rates which shall be charged the public by non-emergency medical transportation carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the Mayor and City Council. All rate changes subsequently adopted shall be adopted only after a duly noticed public hearing is held relating thereto. 5.76.210 Rates - Dial-a-Ride Taxicab The rates or fares to be charged the public by dial-a-ride taxicab shall be established by the Mayor and City Council. 5.76.220 Rates - Minimum and Maximum for Limousine and Chartered Vehicle Service A. The rates or fares to be charged the public for chauffeured limousine and charted vehicle service shall be in accordance with the carrier’s permit and as prescribed by the Mayor 15.c Packet Pg. 500 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and City Council, and shall be not less than the minimum nor more than the maximum rates which are fixed in this section. B. The minimum rate shall be five dollars per hour or forty cents per mile, whichever is the greater, and hourly rate shall be computed in fractions of one-half hour. The minimum charge for chauffeured limousine service shall be the rate for the one-half hour. C. The maximum rate shall be seven dollars per hour or sixty cents per mile, whichever is the greater, and the hourly rate shall be computed in fraction of one-half hour. D. The foregoing rates shall apply to time or mileage whichever is the greater, upon departure from the carrier's principal place of business in the City and until return thereto. 5.76.230 Rates - Established No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicles, or by any ambulance carrier for its services as coveredregulated by this Chapter until the Mayor and City Council, after a hearing upon its own motion, or upon application, or complaint, has found and determined the rate to be just, reasonable and nondiscriminatory, nor in any way, in violation of any provisions herein contained or any provisions of law.; nor until the rate or fare has been established and authorized by the [same] with the approval of the Mayor and City Council. In establishing and authorizing such rates or fees, the City shall take into account, and give due and reasonable consideration to the cost of all comparable transportation services performed by all persons, firms or corporations engaged in such transportation services for compensation in the City, whether by virtue of any franchise granted by the City Council Finance Department or otherwise, including length of haul, any additional transportation service performed, or of any accessory service, and to value of the facilities reasonably necessary to perform such transportation service. 15.c Packet Pg. 501 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.76.240 Change in Rates The Finance Department shall have power, upon a hearing upon its own motion, or upon application, or complaint, to investigate a single rate or fare, or the entire schedule of fares in effect, charged, demanded or collected for the transportation services by vehicles covered by this Chapter, and with the approval of the Mayor and City Council, establish a new rate, fare or schedule of fares in lieu thereof. 5.76.250 Discrimination of Rates Prohibited It is unlawful for any carrier, or any agent or employee thereof, or any driver or operator of any vehicle regulatedcovered by this Chapter, to charge, collect, demand, receive, arrange, solicit, or bargain for any amount of compensation in excess of, or less than, the rates or fares established and authorized by the City. 5.76.260 Rates to be Displayed Every vehicle used or operated under this Chapter shall, at all times, have displayed therein, in a location and manner approved by the Finance Department, the rates to be charged for such service, and which rates shall always be visible. 5.76.280 Drivers A. Vehicles covered by this Chapter shall be operated only by the carrier, if a person, or by a person employed by the carrier, or by a person authorized by lease, contract or other arrangement, with a carrier to operate a vehicle under such carrier's permit; each such authorized person shall be subject to and comply with all the applicable provisions of this Chapter, and no carrier shall impose upon such person any contractual terms or conditions inconsistent with those set forth in this Chapter. If the applicant is not an employee, the proposed arrangement, contract or lease under which such authority is to be exercised shall be submitted in writing to the Finance Department. The Finance Director shall, after he or she 15.c Packet Pg. 502 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 has conducted or caused to be conducted such review and investigation as he or she deems necessary, approve or reject the proposed arrangement, contract or lease and shall communicate his or her decision to the applicant within ten days after the proposed arrangement, contract, or lease has been submitted. If the Finance Director fails to communicate an adverse decision to the applicant within ten days after the proposed arrangement, contract, or lease has been submitted, it shall be deemed rejected. If the Finance Director rejects the proposed arrangement, contract, or lease, the applicant may request in writing a hearing before the City Manager. The request for a hearing shall be submitted to the City ClerkFinance Department within five days after the decision of the Finance Director has been communicated to the applicant. The Finance Department shall promptly notify the applicant of the time and place of the hearing which shall not be more than thirty days after the request for hearing has been submitted. The hearing shall be conducted informally pursuant to the provisions of section 5.76.070(B) hereofrules of . The decision of the City Manager shall be final. No arrangement, contract or lease shall be approved if any of the terms thereof are not in conformity with the provisions of this Chapter. B. Such approval may be withdrawn by the City Manager by the mailing of a ten-day notice of intention to the carrier and the driver, subject to the right to request a hearing under the same procedures and standards for the original approval. This provision permitting the withdrawal of approval shall he deemed to be a part of each such arrangement, contract or lease when so approved and neither the carrier nor the driver shall have any legal recourse or right of action arising out of such withdrawal of approval. C. A person authorized to operate under carrier's permit by arrangement, contract or lease shall be deemed to be an independent contractor and shall obtain a City business license. 5.76.290 Investigation of Drivers 15.c Packet Pg. 503 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The Chief of Police shall conduct an investigation concerning the background, conduct, behavior, and character of any applicant to drive a vehicle under a carrier's permit or of any driver while operating a vehicle under a carrier's permit in order to present facts or information to aid the secretaryFinance Director in determining whether the prospective or continued operation of a vehicle by a driver would be detrimental to the health, safety, peace, general welfare, good morals or convenience of the public. B. The investigation report shall be forwarded to the Finance Director, who may utilize the report to determine whether to approve or reject an arrangement, contract or lease relating to an applicant or whether such approval should be withdrawn pursuant to Section 5.76.280. 5.76.310 Identity Lights Every taxicab shall be equipped with an identity light attached to the top of such taxicab. The identity light shall be constructed in one unit consisting of an illuminated plate or cylinder upon which is printed the words "For Hire," or as approved by the Finance Department. The overall dimensions of such identity light shall not exceed six inches in height by twenty inches in length. The lights of the identity light unit shall be operated automatically or manually to illuminate the identity light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish the identity light when the taximeter is in operation. It is unlawful to drive or operate any taxicab with such identity light illuminated while carrying passengers for compensation, and it is unlawful to drive, operate or be in charge of, any taxicab unless such identity light is illuminated when such taxicab is for hire. None of the foregoing provisions requiring the identity light to be illuminated shall apply during daylight hours. 5.76.320 Route - Passenger Limit in Taxicabs 15.c Packet Pg. 504 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destinations unless otherwise directed by the hirer. B. When a taxicab is engaged, the person or persons engaging such taxicab shall have the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the carrier, or driver of the taxicab to solicit, or carry additional passengers therein except with the express consent of each of said persons; provided, however, that where the Bureau Finance Department finds that public necessity requires the grouping of passengers in such taxicabs, the BureauFinance Department may issue a special written permit, which permits shall specifically set forth the rules and regulations under which such passenger grouping is permitted. It is unlawful for any driver or carrier to operate, or permit to be operated, any taxicab in violation of any of the rules and regulations set forth in such special permits. C. The number of adult passengers which may be carried in any vehicle covered by this Chapter shall be limited to the seating capacity of such vehicle as specified by the manufacturer. The number of passengers consisting of children attending schools below the level of junior high schools, which may be carried in any vehicle covered by this Chapter shall be limited to the adult seating capacity of such vehicle, as specified by the manufacturer, plus one. No person shall be carried in such vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is not provided a seat. D. The provisions of subsections A and B of this section shall not apply to dial-a-ride taxicab. 5.76.330 Equipment - Inspection 15.c Packet Pg. 505 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All vehicles operated by any carrier as defined in Section 5.76.020 shall, before being placed in service, be approved by the Finance Department.engineer of the Bureau All such vehicles shall be of a design and type of construction as shall comply with orders and regulations pertaining to such equipment adopted from time to time by the BureauFinance Department. Such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair, and shall be subject to inspection at all times by the BureauFinance Department, or its representative. Any vehicle which becomes unsafe, unclean, or unserviceable, or mechanically defective mayshall be retired from service upon order of the BureauFinance Department, and no vehicle which has been so retired shall be again operated in such service except with approval of the BureauFinance Department. 5.76.340 Taximeter required - Inspection - Operation A. It is unlawful for any carrier to operate, or cause to be operated, any taxicab in the City unless and until such taxicab is equipped with a taximeter of a type and design approved by the BureauFinance Department, and it shall be the duty of the carrier operating such taxicab, and also the driver thereof, to keep such meter operating at all times within such standard of accuracy as may be prescribed by the BureauFinance Department. No passenger shall be carried in any such cab unless the taximeter is in operation. This provision shall apply regardless of whether the taxicab is engaged for a trip entirely within the boundaries of the City or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation; provided, that when the point of destination is outside the boundaries of the City from a point within the boundaries, the rate charged for the trip outside of the boundaries may be a flat rate in accordance with a schedule approved by the Mayor and City CouncilBureau of Franchises . 15.c Packet Pg. 506 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible to a passenger riding in any such taxicab. C. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the BureauFinance Department or any of its representatives. Upon discovery or notice from the BureauFinance Department of any inaccuracy of such taximeter, the operator thereof shall remove, or cause to be removed, from service any vehicle equipped with the taximeter until such taximeter has been repaired and accurately adjusted or replaced with one approved by the BureauFinance Department. D. The carrier shall cause each taximeter to be inspected and tested for accuracy at least once every six months. Upon the completion of such inspection and of any adjustments necessary to cause such taximeter to operate within the standards of accuracy approved by the San Bernardino County Department of Agriculture/Weights and MeasuresBureau, the carrier shall cause to be placed upon such meter a gummed label having printed thereon the following: "This taximeter was inspected and tested on (date) and found to comply with the standard of accuracy prescribed by the San Bernardino County Department of Agriculture/Weights and Measures Bureau of FranchisesFinance Department of the City of San Bernardino." The date on which such inspection was made shall be stamped in the blank space provided for that purpose. No such label shall be removed except at the time a subsequent inspection is made. The standard of accuracy prescribed by the BureauFinance Department for each taximeter shall be the same standard established by the San Bernardino County Department of Agriculture/Bureau of Weights and Measures or local county sealers. E. It is unlawful for any driver of any taxicab, while carrying passengers, to display the flag attached to the taximeter in such a position as to denote that such vehicle is not 15.c Packet Pg. 507 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employed, or to fail to throw the flag of the taximeter to a position indicating the vehicle is unemployed at the termination of each and every service. F. All charges for taxicab service shall be calculated and indicated by a taximeter and at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a position to register charges for mileage, or into a position to register charges for waiting time. No taximeter shall be used whose mechanism will register a combined charge for mileage and waiting time in any single position, and no taximeter shall be so operated as to cause any charge to be registered thereon except during the time while the taxicab is engaged by a passenger, or passengers. G. The provisions of this section shall not apply to a dial-a-ride taxicab. 5.76.370 Trip sheets - Driver's ReportsTransaction Records The holder of a franchisedriver of every vehicle covered by this Chapter shall keep a complete and accurate record of each trip upon a daily trip sheet, the form of which shall be approved by the BureauFinance Department, showing the time and place of origin and destination of the trip, the number of passengers carried, the make, model, year and serial and license number of all cars towed, the mileage and the amount of fare or charge collected. This record shall be filed weekly by the driver with the BureauFinance Department. 5.76.380 Inspection of Records The Bureau of Franchises Finance Department shall have the right to inspect any and all books and records of any carrier at any and all reasonable times, and any carrier under this Chapter shall keep adequate and complete books and records providing such detail as shall be required by the Bureau of FranchisesFinance Department, and failure to keep and maintain such books and records shall be grounds for suspension of any license or permit issued under this Chapter. 15.c Packet Pg. 508 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.76.390 Taxi stands - Application for - Standing Restricted It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of this Chapter, to stand, or permit to stand, any such vehicle while awaiting employment in front of any residential property, except when answering a call for service at such residential property, or to stand, or permit to stand, such vehicle at any other place designated by the BureauFinance Department. 5.76.400 Taxi stands - Issuance of Permits Permits may be issued by the BureauFinance Department to carriers operating pursuant to the terms of this Chapter allowing the vehicles of such carriers, while awaiting employment, to stand at certain designated places upon the streets of the City; provided, however, that no such permit shall be granted except upon the written application of the carrier desiring such stand, filed with the BureauFinance Department, stating the proposed location of such stand. Any application for a taxi stand may be acted upon by the BureauFinance Department at any of its regular meetings without notice providing such application is accompanied by the written consent of the occupant of the first floor of any building of that property in front of which it is desired to establish such vehicle stand, or if any such building is a hotel, the written consent of the manager of the hotel, or if there is no building on the premises in front of which it is desired that such vehicle shall stand, or if there is a building and the first floor is not occupied, then the written consent of the owner, agent, or lessee of such building or premises. In the event that the occupant, manager, owner, agent, or lessee hereinabove mentioned refuses, fails or neglects to grant consent to the establishing of a taxi stand at the location proposed, the BureauFinance Department shall set a time of hearing on such application, which shall be not less than ten days nor more than thirty days from the time of filing such application, and each and every person qualified under these provisions to 15.c Packet Pg. 509 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 make or offer a formal objection to establishing such taxi stand at the location proposed shall be notified in writing not less than five days prior to said hearing, at which time he shall be given an opportunity to be heard. Notwithstanding the failure or refusal of the occupant, manager, owner, agent, or lessee as herein above mentioned to grant consent to the establishing of a taxi stand in front of the building or premises as proposed, or any formal objection offered thereto, the BureauFinance Director, with input from the City’s designated traffic engineer, and with the approval of the Mayor and Common CouncilCity Manager, shall have the right to grant or deny any application for a taxi stand. 5.76.410 Taxi stands - Permits Subject to Revocation All permits for taxi stands so issued shall contain a provision to the effect that they are and they shall be subject to revocation by the BureauFinance Department with the approval of the Mayor and City CouncilCity Manager at any time. 5.76.430 Taxi stands - Application Fee - Exemption All applications for taxi stands, or for relocations thereof, shall be accompanied by a fee of ten dollars for each stand to be established or relocated, or such fee as may be subsequently set by Resolution of the Mayor and City Council.; except that there is exempted from this provision taxi stands in existence at the time the ordinance codified in this Chapter is adopted, and during the time they remain in possession of the holder thereof at the time the ordinance codified in this Chapter is adopted. Applications for relocation shall be processed in like manner as an original permit. In addition to the filing fee of ten dollars, or such fee as may b e subsequently set by Resolution of the Mayor and City Council, each application shall contain an agreement on the part of the applicant to reimburse the City for all expenses incurred in locating or relocating a taxi stand, such reimbursement to be made promptly upon being billed by the City. The Bureau shall give written notice to the Finance Department of all 15.c Packet Pg. 510 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applications for taxi stands or for relocations thereof which have been approved by the Bureau. 5.76.440 Taxi Stand Maintenance Fee In addition to all other fees established by this Chapter, there shall become due and payable on November 1st and shall become delinquent on the following January 1st of each year a taxi stand maintenance fee of fifteen dollars per year, or such fee as may be subsequently set by Resolution of the Mayor and City Council, for each taxi stand assigned to such carrier in return for which the City shall cause each such taxi stand to be maintained by having them painted twice each year. The Bureau shall forward to the City Clerk prior to November 1st of each year a list of the locations of all taxi stands and the names of the permittees thereof in the City. 5.76.500 Medical Transportation Rates The rates which shall be charged the public by medical transportation carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the Mayor and CommonCity Council. All rate changes subsequently adopted shall be adopted only after a duly noticed public hearing is held relating thereto. 5.76.580 Enforcement Upon the granting of any permit to any carrier as provided by this Chapter, a copy of such permit shall be transmitted by the BureauFinance Department to the Chief of Police, who is charged with the duty of enforcement of all provisions of this and other ordinances pertaining to the operation of vehicles for hire. SECTION 3. Except as modified herein, the remaining provisions of Chapter 5.76 of the San Bernardino Municipal Code shall continue in full force and effect. 15.c Packet Pg. 511 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// /// 15.c Packet Pg. 512 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REPEALING CHAPTER 2.43 OF THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING CHAPTER 5.76 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO BUREAU OF FRANCHISES AND TAXICABS I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 15.c Packet Pg. 513 Attachment: CM.Charter Implementation IV - A2.ORDINANCE - MC Chapter 2.43 and 5.76 Attachment 2 (5463 : Charter Implementation - Part IV) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 8.90 (MOBILE HOME RENTS) DISSOLVING THE MOBILE HOME RENT BOARD AND DELEGATING RESPONSIBILITY FOR THE REVIEW OF MOBILE HOME PARK RENT INCREASE REQUESTS TO AN INDEPENDENT HEARING OFFICER WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, the City Council in implementing the new Charter provisions has evaluated the community’s need for various committees and commissions and desires to eliminate some bodies (Charter Section 600) and consolidate others to increase efficiency and preserve scarce resources; and WHEREAS, the City Council has determined that the implementation of the Mobile Home Rents Chapter (Chapter 8.90), would be more streamlined and responsive if it were to be effectuated through an administrative process instead of a Board; and WHEREAS, City Council desires to amend Chapter 8.90 to effectuate an administrative process and otherwise make the Chapter consistent with the new Charter. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.90 of the San Bernardino Municipal Code is hereby amended to read in its entirety as follows: 8.90.010 Title This Chapter may be cited as the Mobile Home Park Rent Stabilization Ordinance of the City of San Bernardino, California. 8.90.020 Statement of purpose A. Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces, the restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home is substantial, and the risk of damage in moving is significant. 15.d Packet Pg. 514 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The result of these conditions is the creation of a captive market of mobile home owners and tenants. This immobility, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. B. Because mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, exorbitant rent adjustments fall upon these individuals with particular harshness. The continuing possibility of unreasonable space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself. C. This Council finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks. Absent such agreements, this Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property. D. Administration of this Chapter shall be under the general direction of the San Bernardino Mobil Home Board. 8.90.030 Application The provisions of this Chapter shall apply to all mobile home residential rental spaces located within the City of San Bernardino except if otherwise exempt from the provisions of this Title, as such exemptions are provided for hereinafter. Nothing in this Chapter shall be deemed to supersede any provision of California Civil Code Section 798.15, et seq. 8.90.040 Definitions In construing the provisions of this Chapter, the following definitions shall apply: A. “City Manager” means the City Manager or his or her designee. A.B. "Consumer Price Index" or "C.P.I." means the Index known as the "Consumer Price Index for all Urban Wage Consumers: for the Los Angeles - Long Beach – Anaheim Area," (base year, 1967), and if published for the San Bernardino – 15.d Packet Pg. 515 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Riverside -Ontario Area for the year 1984, and thereafter. These documents are published by the United States Department of Labor Bureau of Labor Statistics. C. “Hearing Officer” is an individual appointed by the Mayor and City Council to hear matters on which testimony may be taken. B.D. "Landlord" means any owner, lessor, operator or manager of a mobile home park. E. "Mobile Home" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 799.48, mMobile home does not include "recreational vehicle" as defined in Section 799. 2429 of the Civil Code or a "commercial coach modular " as defined in Section 18218 of the Health and Safety Code. F. "Mobile Home Owner" or "Resident" means any person entitled to occupy a mobile home dwelling space pursuant to ownership thereof or a rental or lease agreement with the owner thereof. G. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner." H. "Mobile Home Space" or "Space" means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. I. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for the use and occupancy, including services and amenities, of a residential rental space. J. "Rent Adjustments" means any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. K. "Rental Agreement" means an agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. L. "Residential rental space" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. 15.d Packet Pg. 516 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M. "Space Rent" means the consideration, including any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. "Space Rent" shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service. N. "Tenancy" means the right of a tenant to the use of a mobile home site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park. 0. "Tenant" means any person entitled to or proposing to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. P. "Vacancy" means the condition deemed to have occurred upon the removal of any mobile home from a mobile home park. 8.90.050 Exemptions from coverage The provisions of this Ordinance shall not apply to the following: A. New Space or First Time Space Exemption - Space rent or space rent adjustments for new mobile home spaces first rented after the effective date of this Chapter shall be exempt from the provisions of the Chapter to the extent that those rents would have been controlled had the spaces been previously occupied. There shall be no prospective exemption in such circumstances, however, as to rents that may be adjusted annually under this Chapter after a space is first rented. In such cases, the base date for purposes of determining permissible future rent adjustments shall be the date of first rental or conveyance. B. Vacancies 1. If the mobile home space is voluntarily vacated by the tenant, or vacated pursuant to California Civil Code Section 798.56, the landlord may adjust the rental rate to any amount as provided in Subsection A of this Section 8.90.050. 2. If the mobile home is sold and is to remain on site, the landlord may increase the rental rate for the new resident by an amount not to exceed ten percent (10%) of the then existing rent. Any rent increase pursuant to this Subsection B2 shall be implemented at the time the new resident first occupies the space and/or first enters into a rental agreement with the landlord. 15.d Packet Pg. 517 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The implementation of any rent increase allowed under this Subsection B shall not change the anniversary date for the annual permissive inflationary adjustment to rent allowed under Section 8.90.100(A) of this Chapter. 4. A vacancy is voluntary if the tenant voluntarily and without coercion by the landlord vacates the rental space or, if the tenant dies and there is no surviving cohabitant. 5. Where the rent is increased pursuant to this Subsection B, the landlord shall, at the time the rent increase is implemented, provide the new tenant with written notice of the previous base rent for the space, the new base rent for the space in both dollar and percentage terms, and the anniversary date for the space for purposes of the annual permissive inflationary adjustment to rent allowed under Section 8.90.100(A) of this Chapter. 6. The rent increases allowed under this Subsection B shall be in addition to any other rent increases authorized by this Chapter, including but not limited to the annual permissive inflationary adjustment to rent allowed under Section 8.90.100(A) of this Chapter. 7. Notwithstanding anything herein to the contrary, nothing in this Chapter shall preclude any landlord from implementing any rent increases that are exempt under the provisions of the California Mobile Home Residency Law, including any rent increases that are exempt under Civil Code Sections 798.17, 798.41 and/or 798.49. 8.90.060 Registration Within sixty (60) calendar days after the effective date of this Chapter, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Board City Manager. The initial registration shall include: the name(s), business address(es), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; a rent schedule reflecting space rents within the park on the effective date of this Chapter; a listing of all other charges, including utilities not included in space rent, paid by mobile home residents within the park and the approximate amount of each such charge; and the name and address to which all required notices and correspondence may be sent. The BoardCity Manager is hereby empowered to establish procedures for requiring such re-registration as it he/she deems necessary. 15.d Packet Pg. 518 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Chapter unless such current registration as may then be required for the mobile home park is on file with the Board City Manager at the time the petition for the rent ceiling adjustment is filed. The registration and re-registration requirement provided for in this section, or which may be hereafter established by the Board City Manager, shall apply to all mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. 8.90.080 Space rent ceiling or maximum allowable space rent Beginning the first month which commences following the day after the effective date of this Chapter when originally adopted on March 24th, 1993, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than the space rent in effect on December 31, 1988. The space rent in effect on that date shall be known as the “space rent ceiling.” If there was no space rent in effect on December 31, 1988, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1988. If a mobile home park is exempted from the application of this Chapter by reason of the existence of a space rent agreement and this agreement expires, the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires. 8.90.090 Space rent ceiling adjustment - initial adjustment A. No adjustment in space rent ceilings shall be permitted except as provided for herein. B. Permissive Adjustment - A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to eighty percent (80%) of the percentage increase in the Consumer Price Index (CPI) from the end of the base year (1988) to the date of application for the adjustment. The percentage adjustment in the CPI shall be calculated by subtracting the CPI reported for December, 1989, from the most recently reported monthly CPI preceding the application and then dividing this remainder by the December, 1989 CPI. 8.90.100 Space rent ceiling adjustment - annual adjustments Commencing in calendar year 1990, park owners shall be entitled to the following annual adjustments. A. Permissive Adjustment - A park owner shall be entitled to an annual permissive adjustment of gross space rental income equal to eighty percent (80%) of the 15.d Packet Pg. 519 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 percentage adjustment in the CPI from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment. B. Net Operating Income Adjustment 1. In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive adjustment provided for above, said park owner may upon payment of a filing fee established by resolution of the Mayor and Common Council City Council, file an application with the BoardCity Manager for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase. 2. If the Board City Manager shall designate a form for the filing of such petition, such petition shall be filed upon such form. If no such form shall be designated, such petition shall be in writing verified by the applicant, and shall contain the names, address and telephone number of the applicant, the name and address of the tenant of each rental space which would be affected if the petition were granted, a statement of the facts giving rise to the petition for an Net Operating Income (NOI) NOI adjustment in sufficient detail that if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment. Within thirty (30) working days after the petition has been submitted to the Board City Manager for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy of the petition shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment if granted. When a declaration of service has been submitted to the Board City Manager, the petition for an NOI adjustment shall be deemed filed. 3. A park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner's Net Operating Income (NOI) for the subsequent year to be increased by a rate which, when added to the maximum permissible adjustment provided for above will give the park owner a just and reasonable return on park property. C. Special Assessment Based on Capital Improvements. 1. An application for a special assessment based on the cost of a completed capital improvement may be filed with the Board City Manager pursuant to this subsection. For the purposes of this subsection "Capital Improvement" is defined as the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five (5) years, and have been agreed upon between the park owner, the resident committee, if any, and approved by more than 50 15.d Packet Pg. 520 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 percent of the owners of all mobile-homes located within the park in an election called to consider the matter with each space casting one vote. 2. A special assessment may be granted at the discretion of the Board Hearing Officer considering all circumstances without approval of the homeowners if the capital improvement is necessary to protect the health and safety of the residents of the park, or to comply with governmental laws or regulations. 3. Capital Improvement Assessments shall be amortized over the useful life of the improvement as set forth in Internal Revenue Service "class life" tables then in effect, unless the Board Hearing Officer in its his/her discretion determines that the use of such tables is unreasonable under the circumstances. 4. In addition to the cost of the improvements(s) the Assessment shall include interest at two percent over the prime rate at Bank of America in effect at the time the assessment is approved calculated annually on the unamortized cost of improvement. 5. Capital Improvement Assessments shall be apportioned equally among all spaces in the mobile-home park and shall be payable monthly, and shall be set forth by the park owner as a separate item from the space rent. The Assessment shall remain in effect until the cost of the improvement, plus interest as set forth herein, has been fully recovered. D. No annual adjustment shall become effective if the previous annual adjustment became effective within the previous twelve (12) months unless approved by the Board Hearing Officer pursuant to Section 8.90.100 B. 8.90.105 Required Certification on Rental Adjustment Notice The Board Hearing Officer shall have the right to deny any rent adjustments under this Chapter if the owner: A. Has failed to comply with any provisions of this Chapter and/or regulations issued thereunder by the boardCity Manager or the Mayor and CommonCity Council or any other federal, state or City law, ordinance or regulation concerning mobile home parks. B. Has failed to comply substantially with any applicable state or local housing, health or safety law. 8.90.110 Mobile Home Rent Board establishment and powers Powers and Duties of the City Manager 15.d Packet Pg. 521 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Establishment - The Mobile Home Rent Board of the City of San Bernardino is hereby established. B. Composition - The Board shall consist of five (5) regular members and two (2) alternate members. One regular member shall be a space tenant who resides in the City of San Bernardino; one member shall be a mobile home park owner, operator, manager or designated agent of a mobile home park located in the City of San Bernardino. The two alternate members shall be a space tenant from a different mobile home park other than the regular space tenant member and an owner, operator, manager or designated agent from a different mobile home park than the regular owner member. The remaining three (3) members shall be residents of the City of San Bernardino who are not elected officials, or employees, relatives of elected officials of the City of San Bernardino, and who are neither tenants, owners, operators, managers or designated agents of mobile home parks and who have no conflicts of interests due to relationship with same. Candidates for membership of the Board shall submit a verified statement listing all interests in any real property or mobile home as defined in Section 798.3 of the California Civil Code, including ownership, individually, jointly, legal or equitable, and all sales of such property, or instruments secured by such property, within thirty (30) days of seeking appointment to the Board. C. Nomination and Appointment - The regular space tenant member and his or her respective alternate members shall be selected by the Mayor and Common Council from a list of nominations, if any, for the Board submitted by mobile home residents. The regular mobile home park owner member and his or her respective alternate member shall be selected by the Mayor and Common Council from a list of nominations, if any, supplied by the general association on behalf of the various mobile home park owners associations. The Mayor and Common Council shall nominate and appoint the three remaining regular Board members. All members of the Board shall be selected in accordance with applicable City procedures. D. Term - Each regular member of the Board shall serve for a term of two years except as otherwise provided herein. For the first Board, the one (1) space tenant member and the one (1) owner member and three (3) at-large resident members shall be appointed for three (3)-year terms. Thereafter, the successors shall be appointed for terms of two (2) years. Each regular member shall hold office until a new member has been duly appointed. Each alternate member of the Board shall serve for a term of two (2) years except as provided herein. Each alternate member shall hold office until a new alternate member has been duly appointed. If a vacancy occurs or an office becomes vacant other than by expiration of a term, it shall be filled by appointment as previously prescribed herein for the unexpired portion of such member's term. Notwithstanding the above provisions of this paragraph, a member may be removed, at any time, with cause, by a majority vote of the Mayor and Common Council. Further notwithstanding the above provisions of this paragraph, any member who is absent without sufficient cause from three (3) consecutive meetings of the Board which such member was required to attend shall be deemed to have vacated his office. E. Meetings - To fulfill its function, the Board shall meet as often as it deems necessary, but at least one regularly scheduled public meeting shall be held every 15.d Packet Pg. 522 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ninety (90) days; or, except as otherwise set forth herein, within thirty (30) days of any request for hearing or arbitration held hereunder whichever is earlier. All members of the Board, whether regular, or alternates, shall be required to attend all Board meetings and hearings unless such member has been disqualified from participation. All meetings of the board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code 54950 et seq) F. Voting - The affirmative vote of three (3) members of the Board is required for a decision, including all motions, regulations, and orders of the Board. Alternate members may also participate in the Board proceedings but shall have voting privileges only when acting in the stead of an absent regular member. G. Quorum - Three (3) Board members shall constitute a quorum. H. Powers and Duties of Board - The Board shall undertake and have the following duties, responsibilities, and functions, together with all powers reasonably incidental thereto: 1. Adoption of Rules and Regulations. Subject to the approval of the Mayor and Common Council the Board may make and adopt its own administrative rules and regulations as may be necessary to effectuate the purposes and policies of this Chapter and to enable the Board to carry out its powers and duties thereunder, so long as such rules and regulations are consistent with the laws of the State, this Chapter, and any guidelines adopted by the Mayor and Common Council. Any such rules and regulations shall be reduced to writing and be on file with the Director of the Board at all times. 2. Director. The Mayor with the approval of the Common Council shall appoint a Mobile Home Rent Board Director, hereinafter referred to as "Director," to administer and carry out to the fullest extent possible the expressed intent and purposes of this Chapter. The Director shall be a full- time employee of the City of San Bernardino. In the alternative, the City of San Bernardino may contract with the Economic Development Agency of the City of San Bernardino to provide a Director. If so, the Director shall be a full-time employee of the Economic Development Agency of the City of San Bernardino. The Director shall be responsible for the day-to-day operations of the Board. It shall also be the Director’s responsibility to provide Board members with copies of all current federal, state, and city laws, codes, ordinances and regulations referred to in this Chapter. 3. Maintenance of Records. The Director shall keep a record of the proceedings of the Board, which shall be open for inspection by any member of the public. 4. Appointment of Committees, Mediators or Hearing Officers. The board may appoint committees, mediators and hearing officers to hear matters on which testimony may be taken, which committees, mediators and hearing officers shall report to the Board the findings and results of any such hearing on a matter referred to such committee or person upon request. 5. Conduct Studies and Investigations. The Board shall have the power to make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties, and may authorize individual members to do so. 15.d Packet Pg. 523 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Require Registration. The Board shall require such registration of mobile home parks as the Board may deem necessary to enable it to carry out its duties. 7. Approve Rent Adjustments. The Board may approve such adjustments in rent ceilings as provided for in this Chapter. 8. Evaluation. The Board shall render at least semi-annually a comprehensive written report to the Mayor and Common Council concerning the Board's activities, holdings, actions, results of hearings, and all other matters pertinent to this Chapter. 9. Related Duties. The Board shall undertake such other related duties as may be assigned by the Mayor and Common Council. I. Compensation - Each member of the Board shall be entitled to such compensation as may be set by the Mayor and Common Council, including reimbursement for reasonable expenses incurred in the performance of their official duties. The Board shall not have any authority to expend or authorize the expenditures of any public funds, except with the prior express approval of the Mayor and Common Council. J. Staff - The City Administrator shall provide all administrative staff necessary to serve the Board. The City Administrator shall provide a secretary to serve as secretary of the Director and shall be responsible for the maintenance of all records of the Board. The City Attorney or his/her designee shall act as legal counsel to the Board. The City Manager shall administer and carry out to the fullest extent possible the expressed intent and purposes of this Chapter. The City Manager shall have the following duties, responsibilities, and functions, together with all powers reasonably incidental thereto: A. Adoption of Rules and Regulations. Subject to the approval of the Mayor and City Council the City Manager may make and adopt her/his own administrative rules and regulations as may be necessary to effectuate the purposes and policies of this Chapter and to enable the City Manager to carry out his/her powers and duties thereunder, so long as such rules and regulations are consistent with the laws of the State, this Chapter, and any guidelines adopted by the Mayor and City Council. Any such rules and regulations shall be reduced to writing and be on file with the City Manager at all times. B. Maintenance of Records. The City Manager shall keep a record of the hearing proceedings, which shall be open for inspection by any member of the public. C. Conduct Studies and Investigations. The City Manager shall have the power to make such studies, surveys, and investigations, and obtain such information as is necessary to carry out her/his powers and duties. D. Require Registration. The City Manager shall require such registration of mobile home parks as the City Manager may deem necessary to carry out his/her duties. 15.d Packet Pg. 524 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. Evaluation. The City Manager shall render at least semi-annually a comprehensive written report to the Mayor and City Council concerning the activities, holdings, actions, results of hearings, and all other matters pertinent to this Chapter. F. Related Duties. The City Manager shall undertake such other related duties as may be assigned by the Mayor and City Council. 8.90.120 Petition by tenant A. Any tenant of a mobile home rental space affected by this Chapter, upon payment of such filing fee as shall be duly established, may petition the BoardCity for a determination whether a proposed or actual action by the landlord of such tenant is legal, valid, and within the terms of this Chapter. If the Board City Manager shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the request for interpretation or determination, and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. B. In the event that a petition by tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee. 8.90.130 Petition by landlord Any landlord of a mobile home park affected by this Chapter may, upon, payment of such filing fee as shall be duly established, petition the BoardCity for a determination whether a particular course of action by said landlord is allowable, valid and in conformity with this Chapter. The BoardCity Manager may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental unit owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental unit, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby. 8.90.140 Conduct of Board proceedings Proceedings A. The Mayor and City Council shall appoint a Hearing Officer to hear matters pertaining to San Bernardino Municipal Code Chapter 8.90. 15.d Packet Pg. 525 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A.B. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be designated by said party. CB. Formal rules of evidence shall not apply in Board proceedings; however, all oral testimony offered as evidence shall be under oath. CD. In the event that any party shall fail to appear at the time and place set for hearing of a petition, the Board Hearing Officer may hear and review such evidence as may be presented, and may make such findings and decisions as shall be supported by the evidence presented. DE. The Board Hearing Officer shall base its his/her decision on evidence presented at the hearing and may consider any evidence resulting from independent investigations of the Board or its members City Manager pursuant to §8.90.110. H.5.4) of this Chapter, where such evidence has been disclosed to the parties. EF. The Board Hearing Officer, shall make findings based on the evidence as to each fact relevant to the Board’s Hearing Officer’s decision on the petition. The decision of the Board Hearing Officer shall be based upon the findings, and shall: 1. Determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with this Chapter; and/or 2. Determine whether an adjustment is necessary, and if so, the nature and amount of relief to be granted or authorized to the landlord or homeowner. FG. The Board or its Director Hearing Officer shall meet to consider the evidence and arguments of the parties no later than thirty (30) days after the matter has been submitted for decision and the Board Hearing Officer shall make its her/his final decision at the conclusion of their deliberations. No rent adjustment will be authorized unless supported by the evidence. A notice of the Board’s Hearing Officer’s decision shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each decision of the Board Hearing Officer shall apply on a space by space basis, taking into account the possibility of differences in base rent, services provided, and other facts differentiating rental spaces. GH. Nothing in this Chapter, or in any decision of the Board Hearing Officer, shall require any landlord to raise rents or charges to tenants. If an adjustment in the maximum permissible rent is authorized, a landlord may raise rents or charges by a lesser amount, or for a lesser time than is authorized by the decision of the Board Hearing Officer. HI. The findings and decisions of the Board Hearing Officer shall be a final administrative action. There shall be no right of appeal to the Mayor and CommonCity Council. Such findings and decisions shall be public records, and 15.d Packet Pg. 526 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 may be certified by the secretary of the Board, if any, or by the City Clerk. Each decision shall set forth a notice as required by California Government Code Section 1094.6. The decision shall become effective upon mailing to the party unless otherwise indicated at the hearing. This section supersedes Chapter 2.64 of the San Bernardino Municipal Code. 8.90.1650 Priorities All petitions for hearings shall be heard in order of date filed. 8.90.1760 Rent adjustment regulations For purposes of determining allowable rent adjustments, the rules and regulations set forth in this section shall be used. In authorizing individual adjustments of the rent ceilings, the Board, its hearing officers and the Director Hearing Officer shall consider the purposes of this Chapter and the requirements of law. The Board Hearing Officer may consider all relevant factors including: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance or services, substantial deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the owner to provide adequate repair, housing services or failure on the part of the owner to comply with applicable housing, health and safety codes, federal and state income tax benefits, the speculative nature of the investment, whether or not the property as is acquired or is held as a long term or short term investment, the owner’s rate of return on investment, the owner’s current and base year Net Operating Income and any other factors deemed relevant by the Board, its Director, or its hearing officer Hearing Officer in providing the owner a fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991, which results in a Proposition 13 tax increase, cannot be a factor to be considered in a request for a rent adjustment by the new owners. 8.90.1870 Net operating income Net Operating Income (NOI) shall be gross income less allowable operating expenses. 8.90.1980 Gross income Gross Income equals: A. Gross rents, computed as gross rental income at 100% paid occupancy, plus B. Interest from rental deposits, unless directly paid by the landlord to the tenants, plus 15.d Packet Pg. 527 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus D. All other income or consideration received or receivable for or in connection with the use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord's control. 8.90. 200190 Allowable Operating Expenses Operating expenses shall include the following: A. Real property taxes, B. Utility costs, C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by landlord, management fees shall include the reasonable value for such landlord performed services. Management fees greater than five percent (5%) of gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping, and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, carpets, and furniture. E. Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time, and nature of the work performed: 1. At the general prevailing rate of per diem wages for the San Bernardino area, for the specific type of work performed, as determined and published by the Director of the Department of Industrial Relations of the State of California pursuant to Section 1770, et seq. of the Labor Code of the State of California. 2. If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by resolution of the Mayor and Common City Council. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. Owner performed labor in excess of 5% of Gross Income shall not be 15.d Packet Pg. 528 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 allowed unless the landlord proves by clear and convincing evidence that such excess labor expenses resulted in proportionately greater services for the benefit of tenants. G. License and registration fees required by law to the extent same are not otherwise paid by tenants. H. The yearly amortized portion of capital expenses including financing costs, computed in accordance with any useful life table utilized by the Internal Revenue Service. I. Reasonable attorney’s fees and costs incurred as normal and reasonable costs of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. 8.90. 210200 Operating expenses not allowable Operating expenses shall not include the following: A. Avoidable and unreasonable or unnecessary expenses; B. Mortgage principal and interest payments; C. Lease purchase payments and rent or lease payments to landlord's lessor; D. Penalties, fees or interest assessed or awarded for violation of this or any other statute; E. Attorney Attorney’s fees and other costs incurred for proceedings before the Board Hearing Officer or in preparation for such proceedings, or in connection with any civil actions or proceedings against the Board City, or a decision, ruling, or order of the Board Hearing Officer; F. Depreciation of the real property; G. Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement, or any other method. 8.90. 220210 Presumption of fair base year net operating income Except as provided in Section 8.90.230 220, it shall be presumed that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners shall be entitled to maintain and increase their Net Operating Income from year to year in accordance with Sections 8.90.080 and 8.90.100.B. 15.d Packet Pg. 529 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8.90. 230220 Rebutting the presumption It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year Net Operating Income may be adjusted accordingly. In order to make such a determination, the Board or its designee Hearing Officer must make at least one of the following findings: A. The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors: 1. The owners made substantial capital improvements during 1988 which were not reflected in the rent levels on the base date. 2. Substantial repairs were made due to damage caused by natural disaster or vandalism which management has taken appropriate action to reduce. 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services. 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business measures. B. The rental rates on the base date were disproportionate due to enumerated factors below. In such instances, adjustments may be made in calculating gross rents consistent with the purpose of this Chapter. 1. The rental rates on the base date were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. 2. The rent on the base date was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. 3. The rental rates on the base date were exceptionally high or low due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant. 8.90. 240230 Determination of base year net operating income A. To determine the Net Operating Income during the base year, there shall be deducted from the annualized gross income being realized in 1988, a sum equal 15.d Packet Pg. 530 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the actual operating expenses for calendar year 1988, unless the owner demonstrates to the satisfaction of the Board or its designee Hearing Officer that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section. B. In the event the owner did not own the subject property during the base year, the operating expenses for 1988 shall be determined by one of the following methods whichever the Board or its designee Hearing Officer determines to be more reliable in the particular case: 1. The previous owner's actual operating expenses as defined in Section 8.90. 200190 if such figures were available, or 2. Actual operating expenses for the first calendar year of ownership, discounted to 1988 by the schedule. 8.90. 250240 Determination of current year net operating income To determine the current year net operating income, there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the Board or its designee Hearing Officer that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section). 8.90. 260250 Schedule of increases in operating expenses Where scheduling of rental increases, or other calculations, requirer requires projections of income and expenses, it shall be assumed that operating expenses, exclusive of property taxes, and management expenses, increases at 5% per year, that property taxes increase at 2% per year, and that management expenses constitute 5% of gross income, provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable. 8.90. 270260 Allowable rent adjustments The Board, a hearing officer or the Director Hearing Officer may permit rent adjustments, unless otherwise prescribed by law, such that the owner’s net operating income will be adjusted at the rate as specified in Section 8.90.100 B.2. 8.90. 280270 Discretionary considerations While the Net Operating Income formula should operate to guarantee a park owner a fair return on investment, the Director or hearing officer considering a request 15.d Packet Pg. 531 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Chapter. 8.90. 290280 Limit on increases pending hearing or litigation Notwithstanding any other provisions of this Chapter, no adjustment in rents in a mobile home park shall be valid during the time that any hearing or proceeding is being conducted pursuant to this Chapter, nor shall such increase be valid during the period in which the Board’s Hearing Officer’s decision for that park is being reviewed by a Court of competent jurisdiction, except those the tenants shall be required to pay as the Permissible Adjustment as provided for under Section 8.90.090 B. 8.90. 300290 Rent adjustments for reduction in services A. No owner shall reduce the level or kind of services provided to tenants as of the date of adoption of this Chapter or take any other punitive action in retaliation for the exercise by tenants of any of the rights granted by this Chapter. B. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful means of transferring to the tenant the obligation for payment for such services, the cost savings shall be passed through to tenants by a rent adjustment equal to the actual cost to the park of such transferred utility or similar service (less common area usage, based on costs for the twelve (12) months period prior to notice to the tenants of the change). Provided compliance with this section occurs, provisions for mediation and/or hearing shall not apply. It is the intent of this Section for those rental agreements entered into on or after January 1, 1991, to be consistent with the provisions of Civil Code Section 798.41 as adopted by Chapter 1013, Section 2 of the Statutes of 1990. C. For purposes of Section 8.90. 300290 A. above, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters, or similar costs incurred by the owner to shift the obligation for payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense at mediation or arbitration. D. If a service other than a utility or similar service per subsection A. above is reduced or eliminated, or if a utility or similar service is reduced or eliminated without a concomitant decrease in rent, the provisions of this Chapter regarding petition and/or hearing shall apply subject to the following conditions. Any petition initiating mediation or hearing must be filed within twelve (12) months of the date on which the service was reduced or eliminated, and the reduction or 15.d Packet Pg. 532 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 elimination in services must continue to exist at the time of the hearing. Rent adjustments shall only be granted prospectively. 8.90. 310300 Quantum of proof and burden of proof The decision of the Board, its Director, or hearing officer must be supported by the evidence submitted at the hearing. The petitioning party shall have the burden of proof in such proceedings. 8.90.310 Hearing Officer Decision Final The decision of the Hearing Officer is final. This section specifically supersedes Municipal Code Chapter 2.64. 8.90.320 Appeal Any party to a hearing shall be entitled to appeal the decision of the Director or the hearing officer to the Board. 8.90.330 Filing of appeal Any party seeking to appeal the decision of the Director or the hearing officer must file such written appeal within fifteen (15) days of the date of notice of the decision and must post a deposit of an amount sufficient to cover the cost of preparing the Hearing Record. 8.90.340 Appeal hearing Upon the request of any party filing an appeal and depositing the sums required in Section 8.90.330 hereof, the Board shall schedule a hearing to be held within thirty (30) days of the filing of appeal and shall direct the Director to notify the parties of such hearing date. 8.90.350 Appellate review The Board shall review the Hearing Record and hear the arguments of the parties at the appeal hearing, but shall limit its review to facts presented at the hearing before the hearing officer. 8.90.360 Time for appellate decision The Board shall make a decision no later than five (5) days following the appeal hearing and notify the parties within ten (10) days following the Board’s decision. 8.90.370 Finality of decision 15.d Packet Pg. 533 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The decision of the Board on appeal shall be final and binding. This section specifically supersedes Municipal Code Chapter 2.64. 8.90. 380320 Judicial review An owner or tenant aggrieved by any action of the Board Hearing Officer may seek judicial review by appealing to the appropriate Court within the jurisdiction. Sections 1094.5 and 1094.6 of the Code of Civil Procedure are applicable. 8.90. 390330 Termination of tenancy A tenancy which is not held pursuant to a written rental agreement that conforms to the provisions of Section 798.15, et seq. of the California Civil Code shall be terminated only pursuant to Section 798.55, et seq. of the California Civil Code. 8.90. 400340 Remedies for violation A. Civil Remedies - Any person who demands, accepts, or retains any payment in violation of any provision of this Chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the\sum of three (3) times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted, or retained, together with reasonable attorney's fees and costs as determined by the Court. B. Criminal Remedies - It shall be unlawful for an owner to adjust any rent in an amount in excess of that allowed under this Chapter or by order of the Board Hearing Officer. Any owner who willfully and knowingly violates any of the provisions of this Chapter or the orders of the Board Hearing Officer shall be guilty of a misdemeanor. C. Injunctive and Other Civil Relief - The Board, the Director City Manager, the City, an d the tenants and owners may seek relief from the appropriate Court within in the jurisdiction within which the rental unit is located to enforce any provision of this Chapter or its implementing regulations or to restrain or enjoin any violation of this Chapter and of the rules, regulations, orders and decisions of the Board Hearing Officer. D. Non-waiver of Rights - Any waiver or purported waiver by a tenant of rights granted under this Chapter prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy. 8.90. 401350 Periodic review of Chapter A. The Mayor and City Council shall review the provisions of the Chapter at any other time deemed appropriate, in order to consider the following: 15.d Packet Pg. 534 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Whether this Chapter continues to be necessary to protect the public health, safety, and welfare. 2. Whether the implementation of the provisions of this Chapter have been adequate, and 3. Whether the provisions of this Chapter should be amended to provide more effective regulations or to avoid unnecessary hardship. 8.90.420 Severability If any provision(s) of this Chapter or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable. 8.90. 430360 Chapter to be liberally construed This Chapter shall be liberally construed to achieve the purposes of this Chapter and to preserve its validity. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// 15.d Packet Pg. 535 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 8.90 (MOBILE HOME RENTS) OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE MOBILE HOME RENT BOARD AND ADOPT AN ADMINISTRATIVE PROCESS IN ITS PLACE I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 15.d Packet Pg. 536 Attachment: CM.Charter Implementation IV - A3.ORDINANCE Amending MC Chapter 8.90 Mobile Home Rents Attachment 3 (5463 : Charter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING THE ARTS AND CULTURAL HERITAGE COMMISSION WHEREAS, the City Council previously established the Fine Arts Commission and the Historical Preservation Commission as two separate bodies by ordinance; and WHEREAS, the City Council in implementing the new charter provisions has evaluated the community’s need for various committees and commissions and desires to eliminate some bodies and consolidate others to increase efficiency and preserve scarce resources; and WHEREAS, the City Council has adopted an ordinance repealing the ordinances establishing the Fine Arts Commission and the Historical Preservation Commission; and WHEREAS, the functions previously carried out by the Fine Arts Commission and the Historical Preservation Commission will be reassigned to a consolidated commission which the Council desires to form by enactment of this Resolution. NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Arts and Cultural Heritage Commission is hereby created to serve in an advisory capacity to the Mayor and City Council in all matters pertaining to the arts, culture, and historic preservation and heritage in the City. The Commission shall study and advise the Mayor, City Council and the City Manager and make recommendations with respect thereto. SECTION 2. The Cultural Heritage Commission shall: A. Recommend for the Mayor and City Council a set of goals and annual objectives that will serve the visual, performing, literary, and multi-media arts; B. Serve in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties; 1 15.e Packet Pg. 537 Attachment: CM.Charter Implementation IV - A4.RESOLUTION - Establishing Arts and Cultural Heritage Commission Attachment 4 (5463 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Promote public interest in, and understand of, historical and scenic properties and the preservation thereof; D. Develop recommendations concerning the allocation of City resources, as available, for the support of historic and cultural affairs, events, and programs within the City; E. Recommend positions on matters pertaining to federal, state and local policies, programs and procedures, and any legislation affecting the City’s cultural and historical assets and resources; and F. Perform other related duties as outlined in Resolutions adopted by the Mayor and City Council or the Municipal Code and such additional duties and functions as may be required from time to time by specific action and direction of the City Council. SECTION 3. The members of the Commission shall be appointed and serve pursuant to the provisions of Chapter 2.17 of the San Bernardino Municipal Code. Members shall be appointed on the basis of demonstrated knowledge and experience in the areas of visual, performing, literary, and multi-media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the Commission. SECTION 4. Each member of the Commission shall serve without compensation. Immediately after appointment and qualification of any new Commission members, the Commission shall organize by electing from among its membership a chair and vice chair. Regular meetings shall be held at least bimonthly or six times per year. Five members shall constitute a quorum, but a lesser number of members may adjourn from time to time. 2 15.e Packet Pg. 538 Attachment: CM.Charter Implementation IV - A4.RESOLUTION - Establishing Arts and Cultural Heritage Commission Attachment 4 (5463 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. This Resolution shall take effect upon the effective date of the ordinance repealing San Bernardino Municipal Code Chapters 2.23 Historical Preservations Commission and 2.30 Fine Arts Commission. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 3 15.e Packet Pg. 539 Attachment: CM.Charter Implementation IV - A4.RESOLUTION - Establishing Arts and Cultural Heritage Commission Attachment 4 (5463 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING THE ARTS AND CULTURAL HERITAGE COMMISSION I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 4 15.e Packet Pg. 540 Attachment: CM.Charter Implementation IV - A4.RESOLUTION - Establishing Arts and Cultural Heritage Commission Attachment 4 (5463 : 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 15.37 RELATED TO HISTORIC BUILDING DEMOLITION WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, the new Charter changes the form of government of the City to a Council/Manager form of government and has assigned additional responsibilities to the City Manager; and WHEREAS, the City Council in implementing the new charter provisions has evaluated the community’s need for various committees and commissions and has taken action to eliminate some bodies and consolidate others to increase efficiency and preserve scarce resources; and WHEREAS, the City Council has determined that the functions of the Fine Arts Commission and the Historical Preservation Commission should be combined and performed by the Arts and Cultural Heritage Commission and has adopted a Rresolution to effectuate this change; and WHEREAS, Chapter 15.37 of the San Bernardino Municipal Code requires amendment to be consistent with changes made by the Charter and by Resolution. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.37 of the San Bernardino Municipal Code is hereby amended to read as follows: Chapter 15.37 HISTORIC BUILDING DEMOLITION ORDINANCE Sections: 15.37.010 Findings and purpose 15.37.020 Definitions 15.37.030 Historical Preservation Commission 15.37.0305 Demolition Prohibited 15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances 15.37.045 Evaluation Thresholds and Review Requirements 15.37.050 Historic Resource Evaluation Report 15.f Packet Pg. 541 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.37.055 Criteria for Determination of Historical Significance 15.37.060 Review Process 15.37.070 Appeals 15.37.080 Severability 15.37.085 Penalty 15.37.090 Fees 15.37.010 Findings and purpose The Mayor and CommonCity Council find and declare: A. The City of San Bernardino General Plan, adopted on November 1, 2005 includes a Historical and Archaeological Resources Element which provides a basis for historic preservation in the City of San Bernardino. B. This ordinance is adopted to establish a procedure for consideration of demolition requests for historic buildings and structures as defined herein. A Historic Preservation Ordinance is required to be completed as part of the development of the Historic Preservation Program. This ordinance will include a section on demolitions. C. Several buildings of historical value have already been demolished, including the Municipal Auditorium, Antlers Hotel, Carnegie Library and Atwood Adobe and many others which were an irreplaceable part of our heritage. D. On December 18, 1989, the Urgency Historic Structure Demolition Ordinance (Ord. MC- 694) was adopted. Ord. MC-694 provided for the establishment of the Historic Preservation Task Force and for the review of Demolition Permit applications for pre-1941 buildings and structures. E. Prior to the adoption of Ord. MC-694, the City had no provision for the review of Demolition Permit Applications for potentially historic buildings or structures. F. For clarification, it is necessary to amend the provisions for the review of Demolition Permit Applications for potentially historic buildings and structures. 15.f Packet Pg. 542 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. By imposing the requirements of the amended Historic Building Demolition Ordinance, the City will have a provision which facilitates a more efficient and effective method of review for Demolition Permit Applications while the Historic Preservation Program is being completed. 15.37.020 Definitions For the purpose of carrying out the intent of this Chapter, the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this Chapter. A. Building - Any structure having a roof and walls built and maintained to shelter human activity or property. B. Demolition - To destroy any building or structure so that it is no longer standing or functional. C. Report - Historic Resource Evaluation Report, a report that evaluates the historical significance of a resource based upon established criteria. D. Resource - A building or structure as defined in this Chapter. E. Structure - 1. Any structure having a roof and walls built and maintained to shelter human activity or property; or, 2. a work made up of independent and interrelated parts that performs a primary function unrelated to human shelter. F. Survey - Historic Resources Reconnaissance survey (Volumes 1-5 and Attachments, April 30, 1991 and all subsequent revisions), a Citywide survey of buildings and structures constructed prior to December 31, 1941 which provides baseline information regarding the types and locations of resources, approximate construction dates, representative architectural styles, construction materials, and contextual historical themes. 15.f Packet Pg. 543 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. The Arts and Cultural Heritage CommissionHistorical Preservation Commission - A commission formed by Resolution of the Mayor and City Council whose members are appointed by the Mayor and CommonCity Council. as outlined in Chapter 2.23 of this Municipal Code. 15.37.030 Historical Preservation Commission The Historical Preservation Commission was established by Ord. MC-1245 and the Commission members were appointed by the Mayor with the concurrence of the Common Council. Under the provisions of this Chapter, the Commission shall perform the duties specified in Chapter 2.23. 15.37.0305 Demolition Prohibited No building or structure fifty (50) years old or older shall be demolished unless a valid Demolition Permit has been issued in accordance with this Chapter. 15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances The demolition of any building or structure fifty (50) years old or older shall be exempt from the provisions of this Chapter if a determination has been made, supported by findings of fact, by the Hearing Officer or the Building Official pursuant to Chapter 15.28 of the Municipal Code declaring that the building or structure is a dangerous building and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posing an imminent hazard, feasible mitigation measures should be employed where practicable in order to preserve the structure and site until the historical review process is completed. 15.37.045 Evaluation Thresholds and Review Requirements Buildings and structures fifty (50) years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be 15.f Packet Pg. 544 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and attachments, April 30, 1991 and all subsequent revisions): A. A Historic Resource Evaluation Report (Report) shall be required for any resource identified on a modified California Department of Parks and Recreation (DPR) 523 Form (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 1. through 4). B. A Historic Resource Evaluation Report may be required for any resource listed on the Tabular List and located within the boundaries of an area identified in the Survey as being potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 5 through 13) Using the criteria established in Section 15.37.055 of this Chapter, the Community Development Director of Development Services shall evaluate demolition proposals for these resources to determine the requirement for a Report. C. Demolition Permit Applications for buildings and structures which are listed only on the Tabular List or not included in the Survey shall not require a Report unless the Community Development Director of Development Services determines that a Report is required based upon new historical or cultural information not contained in the Survey. When required, Historic Resource Evaluation Reports shall be prepared in accordance with Section 15.37.050 of this Chapter. 15.37.050 Historic Resource Evaluation Report A Historic Resource Evaluation Report required as a submittal for a Demolition Permit Application shall contain the following elements: 15.f Packet Pg. 545 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Purpose and Scope B. Methods of Evaluation: Field and Archival C. Location and Setting D. Architectural Description of the Resource E. Historical Background F. Discussion of Eligibility for NR listing G. Statement of Significance H. Conclusions I. Recommendations (may include proposed mitigation) J. Archival Documentation (Appendices) The Statement of Significance element (Item G. above) shall be made using the criteria listed in Section 15.37.055 of this Chapter and shall include a discussion of the related historical contextual themes. The archival documentation (Item J. above) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix to the Report. Preparation and submittal of the Report shall be the responsibility of the applicant. All Reports shall be prepared by consultants who meet the professional qualification standards for the field of Historic Preservation as described in the Federal Register. 15.37.055 Criteria for Determination of Historical Significance 1. The building or structure has character, interest or value as a part of the heritage of the City of San Bernardino; or, 2. The location of the building or structure is the site of a significant historic event; or, 15.f Packet Pg. 546 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the City of San Bernardino; or, 4. The building or structure exemplifies a particular architectural style or way of life important to the City; or, 5. The building or structure exemplifies the best remaining architectural type in a neighborhood; or, 6. The building or structure is identified as the work of a person whose work has influenced the heritage of the City, the State or the United States; or, 7. The building or structure reflects outstanding attention to architectural design, detail, materials or craftsmanship; or, 8. The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; or, 9. The unique location or singular physical characteristics of the building or structure represents an established and familiar feature of a neighborhood; or, 10. The building, structure or site has the potential to yield historical or archaeological information. 15.37.060 Review Process 1. Director Review - The Community Development Director of Development Services shall determine whether to issue a Demolition Permit for an Application which does not require a Report in accordance with Evaluation Thresholds B. and C. and the requirements specified in Section 15.37.045 of this Chapter. 2. The Development and Environmental Review Committee (DERC) Review -An Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a 15.f Packet Pg. 547 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Demolition Permit Application when a Historical Resource Evaluation Report is required in accordance with Section 15.37.045, Subsections A. - C. of this Chapter. The Report may be included as an attachment to the Initial Study or referenced in the Initial Study. The Initial Study shall be reviewed by the DERC for an environmental determination in compliance with the provisions of the California Environmental Quality Act, and applicable City requirements. Following the DERC review, the application and the environmental determination shall be reviewed by the Arts and Cultural Heritage CommissionHistorical Preservation Commission. 3. Historical PreservationArts and Cultural Heritage Commission Review - The Historical PreservationArts and Cultural Heritage Commission shall receive notification of Demolition Permit Applications for which a Historic Resource Evaluation Report is prepared for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications. 4. Planning Commission Review - A Demolition Permit Application for which a Historic Resource Evaluation Report and Initial Study are prepared shall be scheduled for review by the Planning Commission within forty-five (45) days of the DERC's environmental determination. The Planning Commission shall review Demolition Permit Applications to determine the historical significance of the resource based upon the criteria set forth in Section 15.37.055 of this Chapter. The Planning Commission may also consider the National Register criteria for evaluation. Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the Demolition Permit. The Planning Commission's review must be completed within 30 days of the first public 15.f Packet Pg. 548 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hearing before the Planning Commission or the Application shall be forwarded to the Mayor and CommonCity Council. When a Demolition Permit Application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and CommonCity Council. If the Planning Commission approves the Demolition Permit Application, the Demolition Permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this Chapter and all other City requirements. 5. Effective Date of Permit - Demolition Permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning Commission unless an appeal has been filed pursuant to Section 15.37.070, which shall stay the issuance of the Demolition Permit until after the Appeal is decided. 15.37.070 Appeals Any person may appeal the decisions of the Community Development Director of Development Services pursuant to this Chapter to the Planning Commission. Decisions of the Planning Commission pursuant to this Chapter may be appealed to the Mayor and CommonCity Council. An appeal must be submitted in writing with the required appeal fee (if applicable) to the Community Development Services Department within fifteen (15) days following the final date of the action for which an appeal is made. The written appeal shall include the reason(s) why the Historic Resource Evaluation Report should or should not be required; or why the Demolition Permit Application should be granted, denied or exempt from the provisions of this ordinance. 15.f Packet Pg. 549 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.37.080 Severability If any section, subsection, sentence, clause or phrase or any portion of this ordinance is for any reason declared invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The Mayor and CommonCity Council hereby declare that it would have adopted this ordinance and each and every section, subsection, sentence, clause or portion thereof irrespective of the fact that any phrase, or any portion thereof, would be subsequently declared invalid or unconstitutional. 15.37.0805 Penalty Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Sections 1.12.010 and 1.12.020 of this Code in addition to any other civil or administrative remedies. 15.37.090 Fees Upon submittal of a Demolition Permit Application to the Community Development Services Department, the applicant shall pay all applicable Planning Division fees in the amounts as adopted by resolution of the Mayor and CommonCity Council for an Initial Study and for the Planning Commission review. The applicant shall pay all required Building Inspection Division fees in the amounts as adopted by resolution of the Mayor and CommonCity Council prior to issuance of a Demolition Permit. The applicant shall also pay all fees required by other governmental agencies prior to issuance of a Demolition Permit. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of 15.f Packet Pg. 550 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 such inconsistencies, is hereby repealed or modified to the extent necessary to eaffect the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 Mayor and City Council hereby declare that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// /// /// 15.f Packet Pg. 551 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO HISTORIC BUILDING DEMOLITION I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 15.f Packet Pg. 552 Attachment: CM.Charter Implementation IV - A5.ORDINANCE Amending MC Chapter 15.37 Attachment 5 (5463 : Charter Implementation - Part 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.27 RELATED TO THE “LIBRARY BOARD” WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, the new Charter at Section 602 provides for the continuation of a Library Board of Trustees. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.27 of the San Bernardino Municipal Code is hereby added to read as follows: Chapter 2.27 LIBRARY BOARD Sections: 2.28.010 Qualifications and Appointment 2.27.020 Terms of Office 2.27.030 Oath of Office 2.28.040 Meetings, Quorum and Attendance 2.28.050 Reporting 2.28.060 Approval of Rules and Regulations 2.27.010 Qualifications and Appointment A. The five members of the Library Board of Trustees serving at the time of the effective date of this ordinance shall continue to serve until a replacement member is appointed, subject to the Mayor and City Council’s right of removal. Whenever any vacancy of the Board occurs for any reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, the City Clerk shall cause notice of the vacancy or pending vacancy of the position to be posted and advertised as required by law to enable qualified candidates to apply for such position(s). 15.g Packet Pg. 553 Attachment: CM.Charter Implementation IV - A6.ORDINANCE Enacting MC Chapter 2.27 Library Board Attachment 6 (5463 : Charter 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Applicants for membership on the Library Board of Trustees and all Board Members shall be adult residents and registered voters of the City of San Bernardino, and no member shall be an employee of the City or hold any other elected office in the City, while applying for or holding a membership seat on the Library Board of Trustees. Members shall be appointed on the basis of demonstrated knowledge and experience in the area of library operations, fundraising, budget and personnel management, education, legal services, purchasing, or other areas which relate to the mission and purpose of the Board. Members shall commit to provide the best possible library services for the community. Appointments shall be made with consideration of community involvement, interpersonal and communication skills, geographical distribution of commissioners and diversity. The Mayor shall determine the timing and manner of interviewing qualified applicants, which may include interviews with the Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304(b). Removal of any member of the Library Board shall also be subject to Charter section 304(b). Members of the Library Board of Trustees shall serve without compensation. 2.27.020 Terms of Office Each member of the Library Board of Trustees shall serve a four year term. Terms shall be staggered so that three members are appointed in 2018 for a four year term and every four years thereafter, and two members are appointed in 2018 for a two year term and every four years thereafter. The term of each member of the board shall continue until a successor has been appointed. 15.g Packet Pg. 554 Attachment: CM.Charter Implementation IV - A6.ORDINANCE Enacting MC Chapter 2.27 Library Board Attachment 6 (5463 : Charter 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.27.030 Oath of Office Prior to undertaking his or her duties as a member of the Library Board of Trustees, the member shall subscribe and file his or her official oath of office with the City Clerk. 2.27.040 Meetings, Chair, Quorum and Attendance The Library Board of Trustees shall meet at least once per month, with regular meetings scheduled by adopted rules or regulations, and special meetings as needed, to be posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the board members is required to conduct any meeting. The Board shall elect a president and vice-president from among its members, and the president and vice-president shall serve for a term of two years. Any member who is absent for three (3) consecutive meetings, or in excess of four (4) meetings per year, excused or unexcused, may be subject to removal from the Board. 2.27.050 Reporting The Library Board of Trustees shall provide a copy of its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as it may deem advisable. The Library Board of Trustees shall schedule, from time to time, agenda items as requested by the City Manager for the purpose of discussing items in closed or open session. The Library Department budget and all labor agreements shall be submitted to City Council for approval pursuant to Charter Sections 508 and 602. 2.28.060 Approval of Rules and Regulations The Rules and Regulations of the Library Board of Trustees in effect at the time of adoption of this ordinance, copies of which Rules and Regulations are on file in the office of the City Clerk, are approved for enforcement purposes. Subsequent amendments to the Rules 15.g Packet Pg. 555 Attachment: CM.Charter Implementation IV - A6.ORDINANCE Enacting MC Chapter 2.27 Library Board Attachment 6 (5463 : Charter 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and Regulations approved by the Library Board shall be submitted to the City Council for approval by resolution and shall be enforceable pursuant to this chapter. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// 15.g Packet Pg. 556 Attachment: CM.Charter Implementation IV - A6.ORDINANCE Enacting MC Chapter 2.27 Library Board Attachment 6 (5463 : Charter 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ENACTING CHAPTER 2.27 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE “LIBRARY BOARD” I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 15.g Packet Pg. 557 Attachment: CM.Charter Implementation IV - A6.ORDINANCE Enacting MC Chapter 2.27 Library Board Attachment 6 (5463 : Charter 16.a Packet Pg. 558 Attachment: CM.Charter Implementation II - STAFF REPORT PART II - Business Registration Transfer (5464 : Charter Implementation - to align with current operations, the new City Charter and current Federal and State laws and regulations. Discussion Municipal Code Changes The transfer of the Business Registration Division from the Office of the City Clerk to the Finance Department requires amendments to the Municipal Code to reflect the operational changes that will take place as a result of the transfer. Additionally unnecessary provisions within these sections of the Municipal Code will be amended or removed to align with Federal and State laws and regulations. Phase two of the Municipal Code review will involve the incorporation of a Municipal Code codification service enabling the City to further refine our Municipal Code based upon best practices. The next review phase will occur once the Municipal Code changes required by the new City Charter are completed The specific sections of the Municipal Code to be amended on April 4, 2018 are identified below: 3.55 Transient Lodging Tax 3.64 Tax on Parking and Business Improvement Area 5.44 Coin-Operated Game Machines 5.52 Escort Bureaus 5.60 Motor Buses 5.84 Enforcement - Citing Authority 8.60 Fireworks 12.32 Housing Numbers 14.08 Cable, Video and Telecommunications Service Providers The specific sections of the Municipal Code to be repealed on April 4, 2018 include: 3.60 Cigarette Tax - The California Revenue and Taxation Code Section 30111 stipulates that the State of California’s tax preempts the City of San Bernardino’s tax on the distribution of cigarettes. Given that the City no longer has the authority to tax the distribution of cigarettes, it is recommended that Chapter 3.60 Cigarette Tax which taxes the distribution of cigarettes in the City be removed from the Municipal Code. 5.16 Fire, Removal or Closing-Outs Sales – A license is required to operate a business within the City of San Bernardino. Requiring a separate permit for a close out sale is burdensome for a closing business. Moreover, with limited staff resources the City does not currently have the capacity to enforce permitting for fire, removal or closing out sales. For these reasons it is recommended that Chapter 5.16 Fire, Removal or Closing-Out Sales be removed from the Municipal Code. 16.a Packet Pg. 559 Attachment: CM.Charter Implementation II - STAFF REPORT PART II - Business Registration Transfer (5464 : Charter Implementation - 5.40 Charitable and Religious Solicitation in Central City Mall - Given that the Central City or Carousel Mall has been closed, there is no longer a need to have a provision in the Code that addresses charitable and religious solicitation within the Mall. Therefore it is recommended that Chapter 5.40 Charitable and Religious Solicitation in Central City Mall be removed from the Municipal Code. Job Reclassifications On February 21, 2018, the Mayor and City Council approved Resolution No. 2018-48 authorizing the reclassification of the full-time Business Registration Division employees along with the reclassification of the Business Registration Division Inspector and Business Registration Manager job classifications from unclassified to classified status in the Middle Management and General Unit bargaining groups. The Business Registration Representative and the Senior Business Registration Representative classifications are the final two job classifications associated with the Business Registration Division requiring reclassification from unclassified to classified status within the General Unit bargaining group. While these positions were included in the Fiscal Year (FY) 2017/18 budget they are currently vacant, thus, these remaining reclassifications will have no impact on current City employees. Fiscal Impact The costs related to the Charter implantation services were approved by the Mayor and City Council at the February 23, 2017 meeting. The operating expenses associated with the Business Registration Division were included in the adopted Fiscal Year (FY) 2017/18 budget for the Finance Department. The reclassification of the existing job classifications from unclassified to classified positions within the Finance Department will not impact the adopted budget in the current fiscal year. Next Steps Additional amendments to Municipal Code Chapter 3 Revenue and Finance and Chapter 5 Business Registration and Regulations will be presented to the Mayor and City Council over the course of the next several months to reflect the transfer of the Business Registration Division functions from the Office of the City Clerk to the Finance Department, the transfer of certain regulatory functions from the City Clerk to the Police Department and the Community Development Department, and align with current operations, the new City Charter, and Federal and State laws and regulations. Conclusion 1. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing Municipal Code Chapter 3.60 and amending Municipal Code Chapters 3.55, 3.64, 5.44, 8.60, 12.32 and 14.08; 2. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing Municipal Code Chapter 5.16 Fire, Removal or Closing-Outs Sales; 16.a Packet Pg. 560 Attachment: CM.Charter Implementation II - STAFF REPORT PART II - Business Registration Transfer (5464 : Charter Implementation - 3. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing Municipal Code Chapter 5.40 Charitable and Religious Solicitation in Central City Mall; 4. Accept for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California amending Municipal Code Chapters 5.52 and 5.84 and repealing 5.60; and 5. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California reclassifying the Business Registration Representative and Senior Business Registration Representative job classifications from unclassified to classified positions within the General Unit bargaining group and amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017. Attachments Attachment 1 – City Charter Attachment 2 – Ordinance repealing Municipal Code Chapter 3.60 and amending Municipal Code Chapters 3.55, 3.64, 5.44,8.60, 12.32 and 14.08 Attachment 3 – Ordinance repealing Municipal Code Chapter 5.16 Fire, Removal or Closing-Outs Sales Attachment 4 – Ordinance repealing Municipal Code Chapter 5.40 Charitable and Religious Solicitation in Central City Mall Attachment 5 – Ordinance amending Municipal Code Chapters 5.52 and 5.84 and repealing Municipal Code Chapter 5.60 Attachment 6 – Resolution reclassifying the Business Registration Representative and Senior Business Registration Representative job classifications; Exhibit “A” Business Registration Representative; and Exhibit “B” Senior Business Registration Representative 16.a Packet Pg. 561 Attachment: CM.Charter Implementation II - STAFF REPORT PART II - Business Registration Transfer (5464 : Charter Implementation - Synopsis of Previous Council Actions: 1. 2/21/18 – a. Resolution No. 2018-45 adopted reclassifying the full-time Business Registration and Treasury Division job classifications from unclassified to classified positions within the General Unit and Middle Management bargaining groups and amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017 b. First reading of Ordinances amending or repealing and replacing Municipal Code Chapters pertaining the Personnel System and the Business Registration and Treasury Division Transfer: i. Ordinance No. MC-1475 repealing and replacing Municipal Code Chapter 2.04 Personnel System; ii. Ordinance No. MC-1476 amending Municipal Code Chapter 2.08 Treasurer; and iii. Ordinance No. MC-1477 amending Municipal Code Chapter 2.10 Department of Finance. 2. 3/7/18 – a. Final reading of Ordinances amending or repealing and replacing Municipal Code Chapters pertaining the Personnel System and the Business Registration and Treasury Division Transfer: i. Ordinance No. MC-1475 repealing and replacing Municipal Code Chapter 2.04 Personnel System; ii. Ordinance No. MC-1476 amending Municipal Code Chapter 2.08 Treasurer; and iii. Ordinance No. MC-1477 amending Municipal Code Chapter 2.10 Department of Finance. 16.a Packet Pg. 562 Attachment: CM.Charter Implementation II - STAFF REPORT PART II - Business Registration Transfer (5464 : Charter Implementation - City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 Attachment 116.b Packet Pg. 563 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries ....................................................................................... 1 Section 101. Powers of the City ............................................................................................. 1 Section 102. Interpretation of Powers .................................................................................... 1 Section 103. Rights and Succession ...................................................................................... 1 Section 104. Intergovernmental Relations .............................................................................. 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government ......................................................................................... 2 ARTICLE III: CITY COUNCIL AND MAYOR 2 Section 300. General Powers and Duties ............................................................................... 2 Section 301. Composition, Eligibility, and Terms .................................................................... 2 Section 302. Powers and Duties of the Council ...................................................................... 3 Section 303. Powers and Duties of the Mayor ........................................................................ 3 Section 304. Manners of Action ............................................................................................. 4 Section 305. Compensation; Expenses .................................................................................. 4 Section 306. Prohibitions ....................................................................................................... 4 Section 307. Vacancies; Filling of Vacancies ......................................................................... 5 Section 308. Judge of Qualifications ...................................................................................... 5 Section 309. Council Organization, Meetings and Rules of Order ........................................... 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5 Section 401. Powers and Duties ............................................................................................ 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions ............................................................................................ 7 Section 502. Direction by City Manager ................................................................................. 7 Section 503. Continuation of Departments ............................................................................. 7 16.b Packet Pg. 564 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 2 Section 504. City Attorney ...................................................................................................... 7 Section 505. City Clerk .......................................................................................................... 7 Section 506. Departmental Administrators; Appointive Powers .............................................. 8 Section 507. Services ............................................................................................................ 8 Section 508. Personnel System ............................................................................................. 8 Section 509. Official Bonds. ................................................................................................... 8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions ............................................................................................ 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules .......................... 9 Section 602. Library ............................................................................................................... 9 Section 603. Water and Wastewater ...................................................................................... 9 Section 604. Personnel Commission .....................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year .......................................................................................................10 Section 701. Submission of Budget and Budget Message .....................................................10 Section 702. Budget and Capital Improvement Program .......................................................10 Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11 Section 704. Independent Audit ............................................................................................11 Article VIII: ELECTIONS 11 Section 800. City Elections ...................................................................................................11 Section 801. Elective Officers; Terms....................................................................................11 Section 802. Number of Wards .............................................................................................12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall .........................................................12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments .....................................................................................12 Section 1001. Periodic Review of Charter .............................................................................12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability .....................................................................................................12 16.b Packet Pg. 565 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 16.b Packet Pg. 566 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 16.b Packet Pg. 567 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 3 Section 302. Powers and Duties of the Council The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member. Section 303. Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and 16.b Packet Pg. 568 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 4 (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely 16.b Packet Pg. 569 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 5 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 16.b Packet Pg. 570 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 6 establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 16.b Packet Pg. 571 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 7 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 16.b Packet Pg. 572 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 8 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 16.b Packet Pg. 573 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page 9 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 16.b Packet Pg. 574 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan 16.b Packet Pg. 575 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Section 800. City Elections Article VIII: ELECTIONS Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward 16.b Packet Pg. 576 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter San Bernardino Charter Page by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Section 1100. Severability ARTICLE XI: SEVERABILITY If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. 16.b Packet Pg. 577 Attachment: CM.Charter Implementation II - A1.CITY CHARTER - Business Registration Division Transfer - Attachment 1 (5464 : Charter 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTERS 3.55, 3.64, 5.44, 8.60, 12.32, AND 14.08 TRANSFERRING LICENSING OF CERTAIN BUSINESSES AND USES FROM THE CITY CLERK TO THE FINANCE DEPARTMENT OF THE CITY OF SAN BERNARDINO AND REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.60 RELATED TO THE CIGARETTE TAX WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, the New Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, Section 505 of the New Charter changes the duties of the City Clerk, in part by eliminating the City Clerk’s responsibility for issuing business licenses and regulating certain businesses; and WHEREAS, the City Council is adopting amendments to various chapters relating to licensing of certain businesses in accordance with Section 505 of the New Charter articulating the duties of the City Clerk, by transferring responsibilities for certain licensing and regulation of uses from the City Clerk to the Finance Department to effectuate the City Council’s desire to transfer these duties from the City Clerk to the Finance Department. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Sections 3.55.030(E), 3.55.035(B), 3.55.040, 3.55.045(C), 3.55.050(A)(3)(ii), 3.55.050(B), 3.55.060(A), 3.55.060(B), 3.55.065, 3.55.080, 3.55.090, 3.55.110 and 3.55.150 of Chapter 3.55 of the San Bernardino Municipal Code entitled “Transient Lodging Tax” are hereby amended to read as follows: 3.55.030(E) Collection of tax In lieu of paying the transient lodging tax to an operator, a transient may remit the tax directly to the City Clerk Finance Department. Any transient who opts to remit the transient lodging tax directly to the City Clerk Finance Department shall provide written proof of such remittance to the operator. 3.55.035(B) Exemptions 16.c Packet Pg. 578 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Procedure. Each transient desiring an exemption from the transient lodging tax must file a tax exemption certificate with the hotel at the time room rental payment is made to the operator. The tax exemption certificate shall indicate the basis for the exemption and shall be signed under penalty of perjury. Tax exemption certificate forms shall be prescribed by, and may be obtained from, the City Clerk Finance Department. 3.55.040 Reports and remittances A. General Deadline. Except as provided in subsection B, oOn or before the twenty fifth day of each month, each operator shall deliver to the City Clerk Finance Department a lodging information report for the prior month and shall remit to the City ClerkFinance Department the transient lodging tax collected during the prior month. The lodging information report shall indicate the amount received for room rental and the amount of transient lodging tax required to be collected, and shall be signed under penalty of perjury. Lodging information report forms shall be prescribed by, and may be obtained from, the City Clerk Finance Department. B. Alternate Deadline. An operator of a hotel open year-round may, with the written consent of the City Clerk Finance Department, deliver lodging information reports and remit transient lodging taxes on a quarterly basis. Applications to use the quarterly deadline shall be made in writing. 3.55.045(C) Refunds C. Procedure. Each person desiring a refund must file a refund claim with the City ClerkFinance Department within three years of the date of remittance of the transient lodging tax. The refund claim shall indicate the basis for the refund and shall be signed under penalty of perjury. Refund claim forms shall be prescribed by, and may be obtained from, the City Clerk Finance Department. No refund shall be paid unless the claimant produces written 16.c Packet Pg. 579 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 records demonstrating entitlement to the refund. The Finance Department shall refund any An operator who receives a refund of tax improperly paid by anyother person shall forward the refund to directly to such person within five days of receipt. 3.55.050(A)(3)(ii) Penalties A. iInterest on the total of the tax and the delinquency penalty. Interest shall be at the rate of eighteenten percent per annum and shall be computed from the sixty-first day of delinquency until the date of remittance of the tax and delinquency penalty to the City Clerk Finance Department. 3.55.050(B) Penalties B. Fraud. If the City Clerk Finance Department determines that the nonpayment of a transient lodging tax is due to fraud of the operator, then the operator shall pay, in addition to the amount of the tax, a fraud penalty of twenty-five percent of the amount of the tax. 3.55.060(A) & (B) Determination of tax by City Clerk Finance Department A. Determination. If an operator fails to collect and remit the transient lodging tax in accordance with this Chapter, then the City Clerk Finance Department shall determine the amount of tax owed by such operator. The City Clerk Finance Department may make such determination based on an estimate of the amount due based on the information available. B. Notice. Upon determining the amount of transient lodging tax and penalty due, the City Clerk Finance Department shall notify the operator in writing. If the operator does not request a hearing on such amount in writing within ten days of the date of issuance of the notice, then the amount shall be conclusive and shall be remitted to the City on or before the deadline specified in the notice. 16.c Packet Pg. 580 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Hearing. If a timely hearing request is made, then the City Clerk Finance Department shall notify the operator in writing of the date, time and place of a hearing on the amount of transient lodging tax and penalty owed to the City at least ten days prior to the date of the hearing. At such hearing, the operator may offer evidence to rebut the determination of the City Clerk Finance Department. After such hearing, the City Clerk Finance Department shall revise the initial determination as deemed appropriate and shall notify the operator in writing of the final determination of the transient lodging tax and penalty that is due. Such amount shall be remitted to the City within fifteen days from the issuance of the notice, unless an appeal is filed as provided in this Chapter. 3.55.065. Appeal Any operator who is aggrieved by a City Clerk Finance Department decision regarding the amount of transient lodging tax or penalty owed by the operator may appeal to the Mayor and Common Council City Council in accordance with the provisions of Chapter 2.64 of this Code. Any transient who is aggrieved by a City Clerk Finance Department decision regarding the amount of transient lodging tax owed by the transient may appeal to the Mayor and Common Council City Council in accordance with the provisions of Chapter 2.64 of this Code. Any amount that the Common Council Mayor and City Council determines is owed to the City shall be remitted to the City Clerk Finance Department on or before the deadline set by the Common Council Mayor and City Council. 3.55.080 Hotel registration Within thirty days after the effective date of the ordinance codified in this Chapter, or within thirty days after commencing business, whichever is later, each operator of a hotel providing lodging space to transients shall register such hotel with the City Clerk Finance 16.c Packet Pg. 581 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department. Upon registration, the City Clerk Finance Department shall issue the operator a “Transient Lodging Registration Certificate” that at a minimum states the following: A. The name of the operator. B. The address of the hotel. C. The issuance date of the certificate. D. This Transient Lodging Registration Certificate signifies that the person named on the face thereof has fulfilled the requirements of the Transient Lodging Tax Ordinance by registering with the City Clerk Finance Department for the purpose of collecting from transients the Transient Lodging Tax and remitting said tax to the City Clerk Finance Department. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit. Each operator shall at all times conspicuously post its Transient Lodging Certificate on the premises of its hotel. 3.55.090 Immediate payment of tax on cessation of business Any operator who ceases providing lodging space to transients shall deliver to the City Clerk Finance Department a final lodging information report and shall remit to the City Clerk Finance Department any transient Lodging tax owed the City. Such delivery and remittance shall be performed within twenty-five days of the operator’s cessation of such activity. 3.55.110 Liens A. The City Clerk Finance Department shall periodically prepare for the Common Council Mayor and City Council a report showing: 16.c Packet Pg. 582 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (i) delinquent transient lodging taxes and penalties that have not been received by the City; and (ii) the corresponding parcel number designations and addresses of the properties on which the hotels are operated. The Common Council Mayor and City Council shall consider such report and hear any objections thereto at a hearing for which no less than a ten-day advance written notice has been provided to the subject operators and property owners. The Common Council Mayor and City Council may modify the report as deemed necessary and shall confirm the final report by resolution. B. The City Clerk Finance Department shall file a certified copy of the confirmation resolution with the Auditor of the County of San Bernardino, directing that the unpaid transient lodging taxes and penalties be entered as lien charges against the respective properties as they appear on the current assessment rolls. Liens will be collected at the same time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. The City Clerk Finance Department shall present for recording appropriate notices of the imposition of these liens with the County Recorder. 3.55.150 Enforcement-Citing authority It shall be the duty of the City Clerk Finance Department, or his or her its authorized representatives, to enforce the provisions of this Chapter. The City Clerk Finance Director and his or her authorized representatives are hereby authorized and empowered to issue citations and notices to appear for violations of the provisions of this Chapter. SECTION 2. Chapter 3.60 of the San Bernardino Municipal Code is hereby repealed. 16.c Packet Pg. 583 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. Section 3.64.010 is hereby amended to substitute the terms “Mayor and City Council” in place of “mayor and common council” SECTION 4. Sections 3.64.040(B), 3.64.050, 3.64.100(B) of Chapter 3.64 of the San Bernardino Municipal Code entitled “Tax on Parking and Business Improvement Area” areis hereby amended to read as follows: 3.64.010 Boundary descriptionsParking and Business Improvement Area 3.64.020 Rates 3.64.030 Proposed uses for proceeds 3.64.040 Collection 3.64.050 Special fund 3.64.060 (Repealed by Ord. MC-277, 6-08-83) 3.64.070 (Repealed by Ord. MC-277, 6-08-83) 3.64.080 (Repealed by Ord. MC-277, 6-08-83) 3.64.090 Issuance of business license - Payment of additionalassessment tax required 3.64.070100 Delinquency Assessment of Penalties 3.64.010 Boundary descriptionsParking and Business Improvement Area A. The mayor and common councilMayor and City Council may establish by ordinance in accordance with state law one or more hereby establish a parking and business improvement areas within the boundaries of the following as described area in the ordinanceCity: From a point beginning at the northwest corner of 6th and "G" Streets, south on "G" Street to the southwest corner of Second and "G" Streets east to the southeast corner of Second Street and Arrowhead Avenue, north to the northeast corner of Arrowhead Avenue and 6th Street, and west on 6th Street to the point of beginning. B. There ismay be imposed upon each type of business, including any profession, conducted within said parking and business improvement area, an annual assessment tax during each fiscal year taxing period of 1966 and succeeding yearsafter formation, in addition 16.c Packet Pg. 584 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the tax imposed upon such business pursuant to the business licensing provisions of this Municipal CodeOrdinance 763.10. Such additional taxassessment shall be imposed at the rates set forth in Section 3.64.020 the enacting ordinance for the specified classifications regardless of whether the business is taxed upon a flat rate or gross receipts or other basis, and reassessed annually as required by state law. Such additional taxassessment shall be imposed upon each business in accordance with the classifications set forth in Chapter 5.04 of this Municipal Code. the enacting Oordinance 763. which classifications are incorporated in this section by reference. B. The mayor and common council hereby establish a parking and business improvement area within the boundaries of the following described area in the City: From a point beginning at the southwest corner of Second Street and the eastern boundary of the Barstow Freeway (U.S. 395), east on Second Street to the southeast corner of Second and "G" Streets, north of "G" Street to the northeast corner of "G" Street and Fourth Street, west on Fourth Street to the northwest corner of Fourth Street and the Barstow Freeway (U.S. 395), and then south along the eastern boundary of the Barstow Freeway (U.S. 395) to the point of beginning. There is imposed upon each type of business, including any profession, conducted within said area, a tax during each taxing period of 1972 and succeeding years, in addition to the tax imposed upon such business pursuant to Ordinance 763.11 Such additional tax shall be imposed at the rates set forth in Section 3.64.020 for the specified classifications regardless of whether the business is taxed upon a flat rate or gross receipts or other basis. Such additional tax shall be imposed upon each business in accordance with the classifications set forth in Ordinance 763 which classifications are incorporated in this section by reference. 3.64.020 Rates 16.c Packet Pg. 585 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rates for such assessments in addition to business license taxes shall be established in the ordinance creating each specific Parking and Business Improvement Area based upon the classifications specified in Chapter 5.04 of this Municipal Code. therein. A. The additional rate imposed upon each such classification shall be as follows: 1. An additional annual tax of twelve and one-half percent (12 ½%) upon those businesses conducted within the area classified as "professional" or "manufacturing and wholesale" for the period of July 1, 2001 through June 30, 2002. 2. An additional tax of fifty percent (50%) shall be imposed upon any other business conducted within the area for the period of July 1, 2001 through June 30, 2002. B. Effective July 1, 2002, the rates imposed in Section A.1 and A.2 of this section are hereby repealed and are no longer in force and effect and no such further rates will be assessed. 3.64.030 Proposed uses for proceeds The proposed uses to which the proceeds obtained from the additional taxassessments on businesses within the specific area shall be put are: A. The acquisition, construction and maintenance of parking facilities for the benefit of the area; B. Decoration of any public place in the area; C. Promotion of public events which are to take place on or in public places in the area; D. Furnishing of music in any public place in the area; E. The general promotion of retail trade activities in the area. 3.64.040(B) Collection B. All moneys and revenue collected pursuant to this Chapter and the applicable enacting ordinance shall be deposited in the general fund, and the City Clerk Finance 16.c Packet Pg. 586 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department will prepare and submit monthly to the finance officer a statement showing the moneys collected and to be transferred from the general fund to the applicable parking and business improvement fund as provided in section 3.64.050. 3.64.050 Special fund A special fund designated as the "parking and business improvement fund" is created. If more than one parking and business improvement area is created in the City, a special fund shall be designated for each such area by name. All moneys and revenue collected pursuant to this Chapter shall be deposited in the general fund, and the City Clerk Finance Department will prepare and submit monthly to the finance officer a statement showing the moneys collected and to be transferred from the general fund to theeach specific parking and business improvement fund. 3.64.0690 Issuance of business license - Payment of assessment additional tax required A. No business license shall be issued to any business within the boundaries of the area pursuant to Ordinance 763Chapter 5.04 unless the additional business license tax assessment imposed by this Chapter the enacting ordinance is paid together with the business license tax payable pursuant to and imposed by Ordinance 763 the business license provisions of Chapter 5.04 of this Municipal Code. B. Any person, firm, or corporation operating or carrying on a business license as provided for in this section shall be subject to all penalties, both civil and criminal, as are provided therefor in Ordinance 763 Chapter 5.04 and Business and Professions Code Section 16240 for operating a business without a valid business license. 3.64.070100 Delinquency - Assessment of penalties 16.c Packet Pg. 587 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The time of delinquency for the assessment of penalties for all taxesassessments covered by this Chapter shall be the same as set forth in Section 5.04.075 for the business license tax. B. Payments of the taxassessment which are received in the City Clerk’s office Finance Department after the applicable delinquent dates, or bearing a postmark after said dates, as set forth in Section 5.04.075, shall be deemed delinquent and subject to penalty assessment. C. For failure to pay the taxassessment on or before the start of business, or for failure to pay the taxassessment before the applicable delinquent date, there is imposed a penalty of fifty percent of the taxassessment. An additional penalty of fifty percent of the taxassessment shall be imposed on the last day of the third consecutive month of delinquency. Such penalties shall be added to the taxassessment due. SECTION 4. Sections 5.44.025, 5.44.030, 5.44.040, 5.44.050, 5.44.070, 5.44.086 and 5.44.100 of Chapter 5.44 of the San Bernardino Municipal Code entitled “COIN-OPERATED GAME MACHINES” are hereby amended as follows: 5.44.025 Responsibilities of business operator upon whose premises game machines are found A. It is unlawful for any person operating any business enterprise within the City to have in operation upon the premises of such person any coin-operated game machine as defined in this chapter which does not have affixed thereto or posted in a conspicuous place nearby the tag or plate issued under this chapter as required by Section 5.44.080. This section shall not apply to a person owning, operating and maintaining not more than two coin- operated games as an incidental business used at a local place of business having the requisite 16.c Packet Pg. 588 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 business license pursuant to Article I of this title, so long as the person actually owns, operates and maintains the machine himself. B. Any person operating any business enterprise within the City which has in operation upon the premises of such person any coin-operated game machine as defined in this chapter shall, at the time of renewal of the annual business license for such business, provide to the City Clerk Finance Department a list of all game machines then on the premises, and the names and addresses of the distributors of each such machine. C. Each such business operator shall notify the City Clerk Finance Department within ten days after any change is made in the number of game machines on his premises for which a license is required, or after any change in the name or address of the distributor of any such machine is made. Any such person shall also notify the City Clerk Finance Department immediately if an untagged game machine is installed upon his premises. 5.44.030 Operator's permit - Application A. An applicant for a game machine operator's permit shall submit an application to the City Clerk Finance Department which application shall be under penalty of perjury and upon a form supplied by the City Clerk Finance Department. Such application shall include the true names, addresses, and past criminal record, if any, of the applicant and of all persons financially interested in the applicant's business, and such other information as may be deemed necessary by the City Clerk, Chief of Police and Mayor and Common Council Finance Department and Chief of Police to determine whether such game machine operator's permit shall be granted. The application shall be accompanied by a fully executed fingerprint card as to each such applicant, prepared under the direction of the Chief of Police. An applicant shall pay a fee of two hundred and fifty dollars two hundred and ninety three dollars or such fee as may be subsequently be set by Resolution of the Mayor and City Council, to 16.c Packet Pg. 589 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cover the costs of the investigation required by Section 5.44.040, and shall provide to the Chief of Police a money order payable to the California Department of Justice in such amount as required by that agency to process its report to the City based upon the fingerprint card provided. A fifty dollar annual permit fee, or such fee as may subsequently be set by Resolution of the Mayor and City Council, shall be paid at the time of issuance of a permit, which fee shall be prorated in the event that a permit is only for part of a year. A permit may be renewed annually upon payment of the annual permit fee. B. “Persons financially interested” includes all persons who are officers or directors of a corporation or share-holders holding more than three percent of the shares thereof or persons who share in the profits of a non-corporate business on the basis of gross or net revenue, but it does not include persons who receive a portion of such gross or net revenue in return for the privilege of permitting any other person to maintain such coin-operated game machine in their place of business. 5.44.040 Investigation The City Clerk shall refer a copy of the application to the Chief of Police who Chief of Police shall carefully investigate the applicant and the facts and circumstances concerning the application submitted to him/her pursuant to Section 5.44.030. 5.44.050 Issuance of permits A. The Chief of Police shall either approve or deny the issuance of the permit to the applicant within forty-five days of the date that the copy of the application is submitted to him. The Chief of Police may deny a permit on any of the following grounds: 1. The operation will not comport with the peace, health, safety, convenience and general welfare of the public; 2. The application is not complete in that all requested information is not supplied; 16.c Packet Pg. 590 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The operation has been or is a public nuisance; 4. The operation would be in violation of a City ordinance, state law or federal law; 5. The applicant has bad moral character been found guilty, pled guilty and/or pled no contest to a crime of moral turpitude; 6. The applicant made a false, misleading or fraudulent statement of fact in his application for a permit; 7. The operation by the applicant will be carried on in a building, structure and location which does not comply with and meet all of the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of the City; 8. The applicant, his employee, agent, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager has allowed or permitted acts of sexual misconduct or lewd conduct to be committed within prior or present business operations; 9. The applicant has within the year prior to the application date willfully violated any provisions of this Chapter or of the City licensing provisions in Title 5. B. The Police Chief of Police shall notify the applicant of the grant of a permit, or of the denial of his or her application for a permit and the reasons therefor. Service of such notice shall be made personally or by certified mail. The notice shall include or be accompanied by a statement that the applicant may request a hearing before the Mayor and Common Council City Manager by filing with the City Clerk a written request thereof within ten days after service upon him of the notice of the denial of his application and that failure to do so will constitute a waiver of his or her right to a hearing. 5.44.060 Hearing upon denial of permit 16.c Packet Pg. 591 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Within ten days after service upon the applicant of a written notice of the Police Chief's denial of application for a permit, the applicant may file a request for hearing in writing and signed by or on behalf of the applicant and shall state his or her mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant's right to a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section shall allow for the applicant to be represented by counsel. The decision of the Mayor and Common Council City Manager shall be final. 5.44.070 Game machine tag Upon the issuance of any game machine operator's permit, the applicant therefore shall notify the City Clerk Finance Department in writing of the location of each coin-operated game machine, and in the event of any change in the location of any machine, the permittee shall notify the City Clerk Finance Department of the change within ten days including the address of the new location. At the time of issuing a business license for any coin-operated game machine, the City Clerk Finance Department shall issue a tag or plate for each machine to be operated by the game operator within the City limits, and such tags or plates shall be given serial numbers consecutively in the order of their issuance. The tags and plates shall be of wear-resistant materials. 5.44.086 Untagged machines; nuisance; reconnection fees; administrative fees A. Any machine not having the tags required by Section 5.44.080 or the information required by Sections 5.44.085 and 5.44.025 Subsection B is declared a nuisance, and shall be subject to disconnection by the City. A representative of the City shall be authorized to disconnect and render said machine inoperative, following which the machine shall not be reconnected or returned to operation within the City until the game machine operator has paid 16.c Packet Pg. 592 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the City Clerk Finance Department a reconnect fee of twenty-five dollars, or such amount as subsequently set by Resolution of the Mayor and City Council, and has paid the business license fee applicable to each machine under Section 5.04.275 of the Code. No person shall reconnect any machine which has been disconnected or rendered inoperative by a representative of the City, without prior payment of the reconnect fee to the City. No operator of the business upon whose premises the machine is located shall permit such machine to be reconnected without prior payment of the reconnect fee. B. The City Clerk Finance Department shall assess the person operating a business enterprise within the City upon whose premises one or more untagged game machines are found for each such untagged game machine, and for each game machine for which the information required under Sections 5.44.085 and 5.44.025 Subsection B has not been provided, an administrative fee in an amount computed to cover the average cost of investigating, locating, disconnecting and controlling untagged game machines and inadequately identified game machines. This assessment shall be the average cost of such procedures, initially in an amount of fifty dollars, or such amount as subsequently set by Resolution of the Mayor and City Council, for each such untagged game machine, and for each inadequately identified machine, which administrative fee shall hereafter be subject to periodic review and determination by the City Clerk Mayor and City CouncilMayor and City Council, based upon the experienced costs of such control and regulation. Such assessment shall be in addition to any reconnection fee imposed under Section 5.44.086 Subsection A. No such fee shall be assessed as to any such untagged machine when the business operator has notified the City Clerk Finance Department, under the provisions of Section 5.44.025 Subsection B, in advance of the City Clerk’s City's representative appearing at the scene, that such untagged machine was located upon the premises. Any fee assessed by the City Clerk 16.c Packet Pg. 593 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be subject to appeal by the person assessed to the Mayor and Common Council. Failure to pay any assessment within ten days after notice of imposition thereof or, if appealed, within ten days after decision by the Mayor and Common Council, shall be an omission justifying suspension of any business licensee's business license under the provisions of San Bernardino Municipal Code Section 5.04.650. In the alternative, the City Clerk Finance Department may notify the person assessed that the business license for those premises will not be renewed, or reissued until all outstanding assessment fees have been paid. 5.44.100 Revocation of permit The City Clerk Finance Department Finance Department shall have the power, for good cause shown, to revoke or suspend any game machine operator's permit issued under this Chapter. Failure to pay any reconnect fee provided for in Section 5.44.086, or any conduct deleterious to the public health, welfare or morals, and the existence of any of the reasons for a denial of a permit as set forth in Section 5.44.050, shall each constitute good cause for suspension or revocation. Any such suspension or revocation shall be subject to appeal to the Mayor and Common Council as provided for in Chapter 2.64 of the San Bernardino Municipal Code, and the suspension or revocation shall be stayed pending the hearing before the Mayor and Common Council City Manager. The City Manager shall provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses, and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a written decision explaining the basis of his or her decision on the appeal and a copy of the written decision shall be mailed to the appellant. The suspension or revocation shall be stayed pending the hearing. 16.c Packet Pg. 594 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. Sections 8.60.020, 8.60.030, 8.60.040, 8.60.050(E), 8.60.060, 8.60.080, 8.60.090 and 8.60.160 of Chapter 8.60 of the San Bernardino Municipal Code entitled “Fireworks” are hereby amended as follows: 8.60.020 License - Required Except as provided in this Chapter, it is unlawful for any person, organization, group or association, etc. to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license from the City ClerkFinance Department. 8.60.030 License - Application - Public liability insurance All applications for a license to sell fireworks shall: A. Be made in writing and accompanied by the feetax set forth in Section 8.60.090 in addition to a non-refundable fireworks administrative fee of fifty dollars, or such other amount as shall be subsequently set by Resolution of the Mayor and City Council. The fee will be used to defray the administrative costs of the fireworks program. Applications shall be made between the first day and the last day of March of each year except when the last day falls on a Saturday, Sunday or legal holiday, the following business day shall be determined to be the last day; B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in Commercial General (CG) or Commercial Regional (CR) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application; C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office Finance Department a minimum of one-million dollars public liability and property 16.c Packet Pg. 595 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 damage insurance policies with riders attached to the policies designating the City as an additional insured under this Chapter, and a copy of the requisite permit from the State Fire Marshal. D. Include a copy of the applicant's 501(c) (3),(4),(5),(6),(8),(10),(19),(20), or 501(d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes. E. All applicants shall be required to demonstrate how revenues received would benefit the citizens of San Bernardino by submitting official board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations, or projects within the City will benefit and for what purposes; F. Have attached a completed financial statement form that describes anticipated revenues, expenses, and profits. Such form will be provided by the Finance DepartmentCity Clerk's Office to each applicant. The information contained in this form shall furthermore detail how much money will be provided to the projects mentioned pursuant to subsection (E) above. No less than ninety percent of the net profits derived from the sale of fireworks in the City by the applicant shall be utilized for the direct advancement of the applicant’s stated non-profit purposes within the City of San Bernardino in accordance with subsection (E) above. 8.60.040 Licenses - Notice of granting or rejection Applicants for any such license shall be notified by the Finance DepartmentCity Clerk’s office by April 15th of the granting or rejection of such application for a license. No 16.c Packet Pg. 596 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 license shall be issued if the applicant fails to provide all the information or fails to meet all the criteria specified in Section 8.60.030, or any other provision of this Chapter. The decision of the City ClerkFinance Department may be appealed to the Mayor and Common CouncilCity Council under the provisions of Chapter 2.64. The decision of the Mayor and Common CouncilCity Council shall be final. 8.60.050 License - Prerequisites to issuance E. After 2003, aAll qualified applicants who held a license the immediate previous year, whether as an individual or as part of a joint venture, shall have priority for the available licenses for the immediate next year. After 2003, priority will also be given to any joint venture which has at least one qualified applicant who held a license during the previous year. However, after 2003, if the total number of qualified applicants who were licensees or co- licensees from said previous year exceeds 35 licenses because the membership(s) of joint venture(s) has changed or the joint venture ceases to exist, then those qualified applicants which were part of such joint venture(s) shall lose their priority and shall be placed in a lottery drawing for any remaining available licenses after all other qualified applicants from the immediate previous year are granted licenses. After 2003, iIf the total number of qualified applicants who were licensees or co-licensees from the immediate previous year does not exceed 35 licenses, then any remaining licenses shall be determined by lottery and shall be granted by a drawing supervised by the City ClerkFinance Director. Any prior licensee, the license of which has been suspended under the provisions of Section 8.60.060, shall be eligible for a new license only upon satisfying the Fire Chief or the Police Chief that suitable arrangements have been made to preclude future violations. 8.60.060 Suspension of license - Appeal procedure 16.c Packet Pg. 597 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The Fire Chief or his/her designee and the Police Chief or his/her designee shall each be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his/her designee or the Police Chief or his/her designee establishes that a violation has occurred too late to suspend the license during the period of sale, he/she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the Fire Chief or his/her designee or the Police Chief or his/her designee to suspend the license of any licensee shall be subject to review by the Mayor or his/her designee City Manager. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, the Mayor or his/her designee, and the representative of the Fire Chief or Police Chief can schedule such hearing, provided that in every case, said hearing shall be held within 72 hours of the Fire Chief’s or Police Chief's decision. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The Mayor, or his/her designee, City Manager is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the Mayor or his/her designee City Manager may be appealed to the Mayor and CommonCity Council under the provisions of Chapter 2.64. The decision of the Mayor and CommonCity Council shall be final. 8.60.080 Requirements for Fireworks Supplier 16.c Packet Pg. 598 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Prior to the issuance of a license, each applicant shall file with the City Clerk Finance Department a cash deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made payable to the City in the amount of three hundred dollars ($300.00), or such other amount as may be subsequently set by Resolution of the Mayor and City Council to ensure compliance with the provisions of this Chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this Chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the fireworks supplier does not so comply to remove the stand or clean the site in the manner required by the Director of the Community Development Services Department, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the fireworks supplier and his/her surety and the deposit, certificate or bond. 8.60.090 License tax As set by Ordinance No. 2884, the license tax for the selling of fireworks within the City shall be two hundred dollars per year per stand which feetax must be paid at the time application for a stand is filed with the City Clerk’s office Finance Department. 8.60.160 Financial Reporting No later than August 31st of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint venture shall submit to the City Clerk Finance Department a financial summary of the total sales from fireworks on the financial summary form provided by the City ClerkFinance Department’s Office. The financial summary shall have a summary of actual expenses, revenues, and profit for that year and shall have receipts attached for all expenses for each stand as well as any incentive payments, gifts, or other financial consideration provided to members of the licensee or its volunteers. Licensees failing to comply with the afore- 16.c Packet Pg. 599 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 mentioned financial summary deadline of August 31st shall be ineligible to receive a license for the sale of fireworks the following year either as an individual licensee or as a member of a joint venture. SECTION 6. Section 12.32.050 of Chapter 12.32 of the San Bernardino Municipal Code entitled “HOUSE NUMBERS” is hereby amended as follows: 12.32.050 Curb house number business license required A. It is unlawful for any person, firm, corporation, co-partnership or association, either as owner, agent or otherwise to paint or otherwise place house numbers on curbs of streets in the City without first : 1. Oobtaining a curb house number business license from the City ClerkFinance Department, and paying the fee therefor.; 2. Filing a faithful performance bond with the Director of Public Services in the amount of one thousand dollars; B. A local nonprofit organization shall be exempt from the filing of a faithful performance bond upon the presentation of satisfactory evidence to the Director of Public Services that it is knowledgeable of the requirements for and capable of performing the painting of house numbers on street curbs. SECTION7. Sections 14.08.08, 14.08.09, 14.08.10, 14.08.11, 14.08.12, 14.08.15, 14.08.17B, and 14.08.19, 14.08.23D.3, and 14.08.27 of Chapter 14.08 of the San Bernardino Municipal Code entitled “Cable, Video and Telecommunications Service Providers” are hereby amended as follows: 14.08.08 Rights Reserved to the City 16.c Packet Pg. 600 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Subject to any restrictions that are mandated by state or federal law, neither the granting of any franchise nor any provisions of this chapter shall be construed to preclude the City from granting additional franchises. B. By its acceptance of a franchise, a Grantee agrees to comply with all lawful ordinances and regulations of general application now in effect or subsequently enacted; provided, however, that such ordinances and regulations shall not materially affect Grantee's rights or obligations under the franchise. C. Neither the granting of a franchise, nor any provisions of this chapter, shall constitute a waiver or bar to the City's lawful exercise of any governmental right or power. D. This chapter shall not be construed to impair or affect, in any way, the right of the City to acquire the Grantee's property through the exercise of the power of eminent domain, in accordance with applicable law. E. The Mayor and CommonCity Council may do all things necessary in the exercise of its jurisdiction under this chapter and may determine any question of fact that may arise during the term of any franchise granted under this chapter. F. Any right or power in, or duty imposed upon any officer, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department, or board of the City. 14.08.09. Transfers and Assignments A. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the Mayor and CommonCity Council. Any attempt to sell, transfer, lease, 16.c Packet Pg. 601 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 assign, or otherwise dispose of the franchise without the written consent of the Mayor and CommonCity Council is null and void. The granting of a security interest in any assets of the Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this section. B. The requirements of paragraph A of this section apply to any change in control of Grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If Grantee is a partnership or a corporation, prior authorization of the City is required where ownership or control of 25% or more of the partnership interests or of the voting stock of the corporation, or any company in the tier of companies controlling the Grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the Grantee, or Grantee's upper tier of controlling companies, as of the effective date of the franchise. C. Unless precluded by federal law, Grantee must give prior written notice to the City of any proposed foreclosure or judicial sale of all or a substantial part of the Grantee's franchise property. That notification will be considered by the City as notice that a change in control of ownership of the franchise will take place, and the provisions of this section that require the prior written consent of the Mayor and CommonCity Council to that change in control of ownership will apply. D. For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the City may inquire about the qualifications of the prospective transferee or controlling party, and Grantee must assist the City in that inquiry. In seeking the City's consent to any change of ownership or control, Grantee or the proposed transferee, or both, 16.c Packet Pg. 602 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the City not less than 120 days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to remedy all then-existing defaults and deficiencies, and during the remaining term of the franchise, to operate and maintain the cable system and to comply with all franchise requirements. If the legal, financial, and technical qualifications of the proposed transferee are determined to be satisfactory, then the City will consent to the transfer of the franchise. E. Any financial institution holding a pledge of Grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon Grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must ensure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding one year unless authorized by the City, in its sole discretion, and during that period it will have the right to petition the City to transfer the franchise to another Grantee. F. Unless prohibited by applicable law, Grantee must reimburse the City for the City's reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise, as provided for in Section 14.08.15. 14.08.10 Franchise Service Area; Annexations A. The franchise service area shall be established in the franchise agreement. B. Territory annexed to the City that is not within the service area of a franchised or licensed cable operator at the time of annexation may be included within the franchise service 16.c Packet Pg. 603 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 area of an incumbent cable operator, as determined by Mayor and CommonCity Council resolution. C. Territory annexed to the City that is included within the service area of a franchise or license issued by a local franchising authority other than the City is subject to the following provisions: 1. If the franchisee or licensee has not commenced construction or installation of a cable system before the annexation becomes effective, then all rights acquired by a cable operator under that franchise or license will terminate by operation of law. 2. If the franchisee or licensee has commenced construction or installation of a cable system before the annexation becomes effective, then that franchisee or licensee may continue to provide cable service to the annexed territory in accordance with the terms and conditions of the existing franchise or license, provided that all obligations thereunder, including the timely payment of franchise fees and PEG support fees, if any, shall be due and owing to the City by operation of law. 14.08.11 Application for New Franchise; Contents A. An application for the grant of a new franchise may be submitted by any person pursuant to the requirements of this chapter and subject to the terms of the City's schedule of fees, as such schedule may from time to time be amended. The City may, by advertisement or any other means, solicit applications for a new franchise by issuing a request for proposals. B. An application for a new franchise to construct, install, operate, or maintain a cable system in the City shall be filed with the City Clerk Finance Department and shall be on forms 16.c Packet Pg. 604 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prescribed by the City. The City reserves the right to waive all application formalities where the City determines that the best interests of the City would be served by such waiver. 14.08.12 Franchise Approval A. The City may make such investigation as it deems necessary to determine the ability of an applicant to satisfactorily perform its obligations under a franchise. The applicant shall timely furnish to the City such additional information as the City may request. B. Upon receipt of a complete application, and following the City's investigation and review of that application, the City Manager shall prepare a report and make recommendations to the Mayor and CommonCity Council concerning the application. C. The Mayor and CommonCity Council shall hold a noticed public hearing on the application. Written notice shall be given to the applicant at least 10 days prior to the hearing by U.S. mail, postage prepaid, and by publication once in a newspaper of general circulation within the City. Within 60 days after the close of the hearing, unless an extension of time is mutually agreed upon by the City and the applicant, the Mayor and CommonCity Council shall make a written decision on whether the franchise should be granted, and if granted, subject to what conditions. D. In determining whether to grant an application for a new franchise, the City may consider all factors that affect the interests of the community including, but not limited to, the quality of the proposed cable service, the areas to be served, the rates to be charged, the amount of franchise fees to be generated, the experience, character, background, performance history, and financial responsibility of an applicant (and its management and owners), the technical performance and quality of equipment, the applicant's willingness and ability to meet construction requirements, and all other matters deemed relevant by the City to protect the interests of the City and the public. 16.c Packet Pg. 605 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. The decision of the Mayor and CommonCity Council concerning the granting or denial of a franchise pursuant to this chapter shall be final. 14.08.15 Franchise Application Processing Costs A. In connection with any application for a new franchise, a franchise modification requesting entry into a new area of the City, a franchise renewal, or a franchise transfer, applicant shall pay an application fee deposit equal to the City's estimated costs in processing and reviewing the application, as such costs may be established from time to time by resolution of the Mayor and CommonCity Council. Such costs shall include all estimated administrative, consultant, noticing, and document preparation expenses. No application shall be considered without payment of the application fee deposit. If the application fee deposit is less than the City's actual costs, the applicant shall pay such additional costs to the City within 30 days after written notice from the City that such additional payment is required. If payment of such amount is not made within such time, the City shall cease all further proceedings related to the application. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant. 14.08.17 Contents of Cable Television Franchise Agreements B. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the Mayor and CommonCity Council and provisions of this Section 14.08.17, the provisions of the franchise agreement will control. 14.08.19 Application Required A. Before commencing the delivery of video programming services to consumers in the City over an open video system, the open video system operator must file an application 16.c Packet Pg. 606 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with the City. That application must include or be accompanied by the following, as applicable: 1. The identity of the applicant, including all affiliates of the applicant. 2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR §76.1503(b) (1), and the Order of the FCC, all of which relate to certification of the applicant to operate an open video system in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules. 3. The area or areas of the City that the applicant desires to serve. 4. A description of the open video system services that will be offered by the applicant over its existing or proposed facilities. 5. A description of the transmission medium that will be used by the applicant to deliver the open video system services. 6. Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the ownership and operation of the open video system described in the application. 7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to: a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City. b. Comply with the City's PEG access channel requirements as specified below in Section 14.08.21 (B)(4). c. Comply with the City's requirement that gross revenue fees be paid in the sum of 5 percent (5%), as specified below in Section 14.08.21 (B)(2). 16.c Packet Pg. 607 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease. 9. If the applicant's operation of the open video system will require the construction of a new physical plant in the City, the following additional information must be provided: a. A preliminary construction schedule and completion dates. b. Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify: (i) The location and route requested for the applicant's proposed facilities. (ii) The locations, if any, for interconnection with the facilities of other telecommunications service providers. (iii) The specific structures, improvements, facilities relocate on a temporary or permanent basis. c. The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees. 10. The information and documentation that is required to be submitted to the City by a video provider, as specified below in paragraph B of Section 14.08.23. 11. Such additional information as may be required by the City Manager. 12. A nonrefundable filing fee in an amount established by resolution of the Mayor and CommonCity Council. 16.c Packet Pg. 608 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. If any item of information specified above in paragraph (a) is determined under paramount federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application. 14.08.23 Video Providers - Registration; Customer Service Standards D. (3) Administration, Notice, and Appeal. a. The City Manager is authorized to administer this paragraph D. Decisions by the City Manager to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the Mayor and CommonCity Council. b. If the video provider or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the Mayor and CommonCity Council. The appeal letter must be addressed to the City Clerk and must be accompanied by any applicable fee established by the Mayor and CommonCity Council for processing the appeal. The Mayor and CommonCity Council may affirm, modify, or reverse the decision of the City Manager. c. The imposition of monetary penalties under subsection (1) above is subject to the following requirements and limitations: (i) The City must give the video provider written notice of any alleged material breach of the consumer service standards and must allow the video provider at least 30 days from receipt of that notice to remedy the breach. (ii) For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the expiration of the period for cure specified in subparagraph (i) above that the material breach has not been remedied by the video provider, irrespective of the number of customers affected. 16.c Packet Pg. 609 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (iii) In assessing monetary penalties under this paragraph D, the City Manager, any designated hearing officer, or the Mayor and CommonCity Council, as applicable, may take into account the nature, circumstances, extent and gravity of the violation and, with respect to the video provider, the degree of culpability, any history of prior violations, and such other matters as may be relevant. If warranted under the circumstances, the monetary penalty to be assessed may be less than the maximum penalty authorized above in subsection D (1). 14.08.27 Violations; Enforcement A. Any person who willfully violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1.12 of Title 1 of this Code. B. The misdemeanor penalty specified above in paragraph A is not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or other telecommunications service provider. C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter. The Mayor and CommonCity Council hereby declares that the provisions of this Ordinance are severable, and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, or if any provision of this ordinance be invalidated by the enactment of a state or federal statute, such judicial decision or statute enactment shall not affect the validity of the remaining parts of this Ordinance. SECTION 8. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of 16.c Packet Pg. 610 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 9. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 10. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// /// /// /// /// /// 16.c Packet Pg. 611 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTERS 3.55, 3.64, 5.44, 8.60, 12.32 AND 14.08 OF THE SAN BERNARDINO MUNICIPAL CODE TRANSFERRING LICENSING OF CERTAIN BUSINESSES AND USES FROM THE CITY CLERK TO THE FINANCE DEPARTMENT OF THE CITY OF SAN BERNARDINO AND REPEALING CHAPTER 3.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CIGARETTE TAX I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 16.c Packet Pg. 612 Attachment: CM.Charter Implementation II - A2.ORDINANCE - Amending MC Chapters 3.55, 3.60, 3.64, 5.44, 8.60, 12.32 & 14.08 Attachment 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.16 ENTITLED “FIRE, REMOVAL, OR CLOSING-OUT SALES” WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, as a result of the New Charter, the City Council is adopting amendments to the San Bernardino Municipal Code (“Municipal Code”) in order to bring it into conformity with the New Charter; and WHEREAS, in addition to amendments to the Municipal Code for conformity with the New Charter, staff is also presenting to the City Council some revisions to the Municipal Code that are appropriate due to the provisions’ irrelevance, unconstitutionality, or otherwise no longer being necessary; and WHEREAS, the repeal of Chapter 5.16 of the San Bernardino Municipal Code entitled “Fire, Removal or Closing-Out Sales” which requires a permit and sets forth additional requirements for the “sale of goods, wares or merchandise as a fire, damage by fire or water, removal, close-out, liquidation, bankruptcy or other similar sales of goods, wares or merchandise” meets the criteria set forth above. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.16 of the San Bernardino Municipal Code entitled “FIRE, REMOVAL OR CLOSING-OUT SALES” is hereby repealed. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 16.d Packet Pg. 613 Attachment: CM.Charter Implementation II - A3.ORDINANCE - Repealing MC Chapter 5.16 - FIRE, REMOVAL OR CLOSING-OUT SALES 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 16.d Packet Pg. 614 Attachment: CM.Charter Implementation II - A3.ORDINANCE - Repealing MC Chapter 5.16 - FIRE, REMOVAL OR CLOSING-OUT SALES 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING CHAPTER 5.16 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED “FIRE, REMOVAL OR CLOSING-OUT SALES” I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 16.d Packet Pg. 615 Attachment: CM.Charter Implementation II - A3.ORDINANCE - Repealing MC Chapter 5.16 - FIRE, REMOVAL OR CLOSING-OUT SALES 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.40 RELATED TO “CHARITABLE AND RELIGIOUS SOLICITATION IN CENTRAL CITY MALL” WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, as a result of the New Charter, the City Council is adopting amendments to the San Bernardino Municipal Code (“Municipal Code”) in order to bring it into conformity with the New Charter; and WHEREAS, in addition to amendments to the Municipal Code for conformity with the New Charter, staff is also presenting to the City Council some revisions to the Municipal Code that are appropriate due to the provisions irrelevance, unconstitutionality, or otherwise no longer being necessary; and WHEREAS, the repeal of Chapter 5.40 of the San Bernardino Municipal Code entitled “Charitable and Religious Solicitations in Central City Mall,” which requires permits and sets forth criteria for revocation of said permit along with other provisions, meets the criteria set forth above. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.40 of the San Bernardino Municipal Code entitled “CHARITABLE AND RELIGIOUS SOLICITATIONS IN CENTRAL CITY MALL” is hereby repealed. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 16.e Packet Pg. 616 Attachment: CM.Charter Implementation II - A4.ORDINANCE - Repeal MC Chapter 5.40 - CHARITABLE AND RELIGIOUS SOLICITATIONS IN 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 16.e Packet Pg. 617 Attachment: CM.Charter Implementation II - A4.ORDINANCE - Repeal MC Chapter 5.40 - CHARITABLE AND RELIGIOUS SOLICITATIONS IN 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING CHAPTER 5.40 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED “CHARITABLE AND RELIGIOUS SOLICITATIONS IN CENTRAL CITY MALL” I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 16.e Packet Pg. 618 Attachment: CM.Charter Implementation II - A4.ORDINANCE - Repeal MC Chapter 5.40 - CHARITABLE AND RELIGIOUS SOLICITATIONS IN 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.52, TRANSFERRING LICENSING OF ESCORT BUREAUS FROM THE CITY CLERK TO THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO, AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.84 RELATED TO ENFORCEMENT, AND REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.60 RELATED TO MOTOR BUSES WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, the New Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, Section 505 of the New Charter changes the duties of the City Clerk, in part by eliminating the City Clerk’s responsibility for issuing business licenses and regulating certain businesses; and WHEREAS, the City Council is adopting amendments to various chapters relating to licensing of certain businesses in accordance with Section 505 of the New Charter transferring responsibilities for certain licensing and regulation of uses from the City Clerk to the Police Department in order bring the Municipal Code into conformity with the New Charter and to effectuate the City Council’s desire to transfer these duties from the City Clerk to the Police Department. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Sections 5.52.020 and 5.52.070 of Chapter 5.52 of the San Bernardino Municipal Code entitled “ESCORT BUREAUS” are hereby amended as follows: 5.52.020 Permit - Required - Application It is unlawful for any person to conduct, manage or carry on any escort bureau without first securing a permit therefor from the Chief of Police. No such permit shall be issued by the Chief of Police except upon the verified application in writing of the individual to be in control of, and responsible for, the operation and conduct of the business. The application shall be upon a form furnished by the City Clerk Police Department and shall set forth such information concerning the applicant and the proposed business as the Chief of Police may require and must be accompanied by a fee in the sum of two hundred dollars, or such amount 16.f Packet Pg. 619 Attachment: CM.Charter Implementation II - A5.ORDINANCE - Amending MC Chapters 5.52, 5.60 & 5.84 - Attachment 5 (5464 : Charter 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as subsequently set by Resolution of the Mayor and City Council. Each permit issued shall expire on December 31st next following the date of issuance, and each application for the annual renewal thereof shall be accompanied by a renewal fee in the sum of seventy-five dollars, or such amount as subsequently set by Resolution of the Mayor and City Council. No permit under this section shall be issued to, or in the name of, any organization, group, corporation, partnership, or any other entity than an individual person; but the business may be advertised and carried on by the permittee under a fictitious name in the manner permitted by law, provided such fictitious name is first approved by the Chief of Police. 5.52.070 Suspension or revocation of permit The Mayor and CommonCity Council shall have the power to suspend or revoke any permit, or to deny a renewal after notice and an opportunity for a hearing has been given to the permittee upon any of the following grounds: A. That the permittee has, in the course of the business, committed, or caused, permitted, encouraged or condoned the commission of any act in violation of this section, or any lewd and immoral act, or any act of prostitution; B. That the business has been conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful or immoral business or practice. SECTION 2. Chapter 5.60 of the San Bernardino Municipal Code entitled “MOTOR BUSES” is hereby repealed in its entirety. SECTION 3. Sections 5.84.010 and 5.84.020 of Chapter 5.84 of the San Bernardino Municipal Code entitled “ENFORCEMENT - CITING AUTHORITY” are hereby amended as follows: 5.84.010 Enforcement 16.f Packet Pg. 620 Attachment: CM.Charter Implementation II - A5.ORDINANCE - Amending MC Chapters 5.52, 5.60 & 5.84 - Attachment 5 (5464 : Charter 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It shall be the duty of the City ClerkDepartment responsible for issuing a particular permit, or his or her authorized representatives, to enforce the provisions of this Title with respect to such permits. 5.84.020 Right of entry - Exhibition of license A. The City Clerkhead of the Department issuing a particular permit, the Chief of Police, or his or her authorized representatives, and police officers, are empowered to enter, during business hours, free of charge, any place of business, or to approach any person apparently conducting or employed in the operation of the business, for which a license or permit is required pursuant to this Title, and to demand the exhibition of such license or permit for the current term. If such person then and there fails to exhibit such license or permit, the authorized representative or police officer is authorized and empowered to cite the person and issue a notice to appear pursuant to the provisions of this Title, relating to licensing of businesses within the City. SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word 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 Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. 16.f Packet Pg. 621 Attachment: CM.Charter Implementation II - A5.ORDINANCE - Amending MC Chapters 5.52, 5.60 & 5.84 - Attachment 5 (5464 : Charter 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. /// /// /// /// /// /// /// /// /// /// /// 16.f Packet Pg. 622 Attachment: CM.Charter Implementation II - A5.ORDINANCE - Amending MC Chapters 5.52, 5.60 & 5.84 - Attachment 5 (5464 : Charter 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTER 5.52, OF THE SAN BERNARDINO MUNICIPAL CODE TRANSFERRING LICENSING OF ESCORT BUREAUS FROM THE CITY CLERK TO THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO, AMENDING CHAPTER 5.84 RELATING TOENFORCEMENT, AND REPEALING CHAPTER 5.60 RELATING TO MOTOR BUSES I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 16.f Packet Pg. 623 Attachment: CM.Charter Implementation II - A5.ORDINANCE - Amending MC Chapters 5.52, 5.60 & 5.84 - Attachment 5 (5464 : Charter 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE RECLASSICATION OF THE BUSINESS REGISTRATION REPRESENTATIVE AND SENIOR BUSINESS REGISTRATION REPRESENTATIVE JOB CLASSIFICATIONS FROM UNCLASSIFIED TO CLASSIFIED POSITIONS WITHIN THE GENERAL UNIT BARGAINING GROUP AND AMENDING THE SALARY SCHEDULE ADOPTED BY RESOLUTION 2017-112 ON JUNE 21, 2017 WHEREAS, the new City Charter adopted by voters on November 8, 2016, and filed with the California Secretary of State on January 31, 2017 assigns to the City Clerk, in section 505, responsibility for giving notice of council meetings, keeping a journal of proceedings and performing the duties prescribed by State law, the Charter and by ordinance. The scope of responsibility assigned to the City Clerk does not include the functions of the Business Registration Division; and WHEREAS, the new City Charter went into effect upon filing with the Secretary of State on January 31, 2017; and WHEREAS, Section 501 of the City of San Bernardino Charter provides the City Manager with the authority to prescribe the functions of all departments to meet the needs of the community in the most effective and efficient manner; and WHEREAS, the functions of the Business Registration Divisions were transferred to the Finance Department; and WHEREAS, pursuant to the former City Charter, full-time employees reporting to an elected official were placed in unclassified positions as part of the Management/Confidential (“SBCMA”) bargaining unit; and WHEREAS, employees in the Business Registration Division transferred to the Finance Department will no longer report to an elected official; and WHEREAS, the adopted budget for the Finance Department in Fiscal Year 2017/18 included the Business Registration Division. NOW, THEREFORE, 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 incorporated herein by this reference. SECTION 2: The classifications of: 16.g Packet Pg. 624 Attachment: CM.Charter Implementation II - A6. RESOLUTION - Business Registration Division Transfer Attachment 6 (5464 : Charter 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) Business Registration Representative (U), Range 392 $3,136-$3,812 per month; and b) Senior Business Registration Representative (U), Range 402, $3,296 - $4,007 per month are hereby deleted. SECTION 3: The classifications of: a) Business Registration Representative, Range 392 $3,136-$3,812 per month; and b) Senior Business Registration Representative, Range 402, $3,296 - $4,007 per month assigned to the General Unit bargaining group are hereby established and the job descriptions for said positions, attached hereto and incorporated herein as Exhibits “A” and “B”, are hereby approved. SECTION 4: The Director of Human Resources is authorized to update the City of San Bernardino Salary Schedule adopted by Resolution No. 2017-112 to reflect these actions. /// /// /// /// /// /// /// /// /// 16.g Packet Pg. 625 Attachment: CM.Charter Implementation II - A6. RESOLUTION - Business Registration Division Transfer Attachment 6 (5464 : Charter 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE RECLASSICATION OF THE BUSINESS REGISTRATION REPRESENTATIVE AND SENIOR BUSINESS REGISTRATION REPRESENTATIVE JOB CLASSIFICATIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney 16.g Packet Pg. 626 Attachment: CM.Charter Implementation II - A6. RESOLUTION - Business Registration Division Transfer Attachment 6 (5464 : Charter 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: 16.g Packet Pg. 627 Attachment: CM.Charter Implementation II - A6. RESOLUTION - Business Registration Division Transfer Attachment 6 (5464 : Charter EXHIBIT A Class Code: 10220 M/CC Date Updated: January 24, 2011 City of San Bernardino Signature: Director, Human Resources Bargaining Unit: Management/Confidential General Unit Class Specification BUSINESS REGISTRATION REPRESENTATIVE (U) JOB SUMMARY Under general supervision, performs a variety of highly responsible technical and customer service duties in the administration of City business license and registration, transient occupancy and utility tax and other business license/permit programs, by telephone and in person; calculates fees, penalties and adjustments; receives payments and issues licenses and permits; may act as a Certified Passport Agent; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Business Registration Representative is the journey-level class in the Business Registration Representative class series. Incumbents perform a variety of routine to complex functions involved in administering the City's business registration and license and other business license/permit programs. In person and by telephone, incumbents provide information, research problems, calculate fees and penalties, accept payments of fees, perform billing and collections and assist customers with a variety of problems and situations. Incumbents handle a significant volume of telephone and in-person customer interactions involving a wide range of renewal, billing and other issues, often involving customers who are upset or distressed. Work requires learning and applying information on an extensive variety of business types and revenue levels, ranging from one-time yard sales to large scale contractors and commercial enterprises and the ability to explain and interpret City codes, regulations and rules using non-technical language. Business Registration Representative is distinguished from Senior Business Registration Representative in that incumbents in the latter class provide lead work direction and perform more complex duties including the reconciliation of daily collection transactions, preparation of cash receivable reports and special permit programs. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 1. In person and by telephone, assists customers with a wide variety of business registration and other permit questions and issues; reads business registration applications and interviews customers to determine the type of business license required and the relevant fee structure; explains City prerequisites for the type of business involved; directs customers to other agencies whose approvals are required for business startup; enters data to set up new accounts; calculates fees, penalties and prior year adjustments if involved; accepts and issues receipts for payments received in cash or by check or credit card; balances assigned cash drawer at the end of the day. Business Registration Representative (U) Page 1 16.h Packet Pg. 628 Attachment: CM.Charter Implementation II - A6.EXHIBIT A - Business Registration Representative Job Description Attachement 6 (5464 : EXHIBIT A 2. Reviews accounts and registration renewal dates; conducts research and initiates account corrections if warranted; generates and prints renewal notices; pulls notices requiring special attachments; stuffs envelopes; calculates correct amounts and generates quarterly billing notices; generates follow up notices for delinquent accounts. 3. Processes business registration renewal payments received by mail; reviews accounts for accuracy; corrects billing errors and closes accounts in the system; returns improperly filed returns; processes payments for transient occupancy and utility taxes. 4. Files applications and associated documents by class, account number and business name. 5. Coordinates the bingo license renewal process; if necessary, interviews organization representatives and notifies them of background check requirements; receives, processes and issues permits to a variety of non-profit organizations. 6. Prepares forms for seizure hearings regarding street vendorsgoods, merchandize or equipment seized pursuant to the San Bernardino Municipal Code. ; prepares correspondence and mailings for Bureau of Franchise meetings. 7. Reviews identification and documents, accepts and processes applications for U.S. passports, as a Certified Passport Agent; administers necessary oaths or affirmations. 8.6. Prepares a variety of records, reports and routine correspondence; orders forms and supplies. GENERAL QUALIFICATIONS Knowledge of: 1. City codes, regulations and rules applicable to determining business registration requirements and fee amounts. 2. Customer service practices and customer-oriented telephone etiquette. 3. Standard office administration practices and procedures, including filing systems. 4. Sound business communication practices; correct English usage, including spelling, grammar and punctuation. 5. Characteristics of the City’s business base, including typical types of businesses and registration/fee issues. 6. Uses and operations of computers and standard business software. 7. Business math. Ability to: 1. Operate a computer and other standard office equipment. 2. Handle tactfully and effectively sensitive customer relations situations and defuse situations that are highly emotional and volatile. 3. Quickly, efficiently and calmly handle a significant volume of customer interactions by telephone and in person. 4. Understand, interpret, explain and apply complex City codes, regulations and rules regarding business registration and other business licenses/permits. 5. Reach accurate decisions in accordance with rules and policies. 6. Understand and carry out written and oral instructions. 7. Communicate clearly and effectively orally and in writing. 8. Prepare clear, accurate and concise computer entries and basic correspondence. 9. Maintain sensitive and confidential information. 10. Establish and maintain effective working relationships with managers, co-workers, customers, passport applicants and others encountered in the course of work. Business Registration Representative (U) Page 2 16.h Packet Pg. 629 Attachment: CM.Charter Implementation II - A6.EXHIBIT A - Business Registration Representative Job Description Attachement 6 (5464 : EXHIBIT A MINIMUM QUALIFICATIONS Education, Training and Experience: A typical way of obtaining the knowledges, skills and abilities outlined above is graduation from high school or G.E.D. equivalent; and two years of progressively responsible office administrative or customer service experience, or an equivalent combination of training and experience. Experience in customer service functions in a government setting is highly desirable. Licenses; Certificates; Special Requirements: None. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this class, employees are regularly required to sit; talk or hear, both in person and by telephone; and use hands repetitively to operate, finger, handle or feel computers and other standard office equipment; and reach with hands and arms. Employees are frequently required to stand and walk and lift up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Employees work under typical office conditions and the noise level is usually quiet. Business Registration Representative (U) Page 3 16.h Packet Pg. 630 Attachment: CM.Charter Implementation II - A6.EXHIBIT A - Business Registration Representative Job Description Attachement 6 (5464 : EXHIBIT B Class Code: 10221 M/CC Date Adopted: _______________ City of San Bernardino Signature: ___________________________ Director, Human Resources Bargaining Unit: Management/Confidential General Unit Class Specification SENIOR BUSINESS REGISTRATION REPRESENTATIVE (U) JOB SUMMARY Under general supervision, performs a variety of highly responsible technical and customer service duties in the administration of City business license and registration, transient occupancy and utility tax and other business license/permit programs, by telephone and in person; coordinates the issuance of fireworks and live entertainment operator permits; balances and reconciles cash and transaction reports; performs lead work direction and guidance to other Business Registration Representatives; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS Senior Business Registration Representative is the lead/journey-level class in the Business Registration class series. The incumbent provides lead work direction and guidance and performs more difficult business registration and permit duties, including coordinating issuance of fireworks and live entertainment operator permits, in addition to participating in the work of other Business Registration Representatives. The incumbent also balances and reconciles a variety of accounts on a regular basis. Work requires the application of in-depth information on an extensive variety of business types and revenue levels, ranging from one-time yard sales to large scale contractors and commercial enterprises, and the ability to explain and interpret City codes, regulations and rules using non-technical language. Senior Business Registration Representative is distinguished from Business Registration Inspector in that incumbents in the latter class focus on processes to bring delinquent businesses into compliance with City business registration requirements. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 1. Provides lead work direction and guidance to other Business Registration Representatives; provides staff training on business registration codes, regulations, rules, processes and procedures; serves as a technical resource and assists staff in resolving difficult cases; monitors and reviews work results and processes. 2. Coordinates the processing of live entertainment permit and operator permit investigations; explains codes, regulations and fees to applicants; coordinates with the Police and other departments to complete the investigation process; notifies applicants of action taken regarding the permit. 3. Coordinates the processing of fireworks permit applications; explains fireworks regulations to applicants; reviews applications and financial statements for completeness and eligibility; Senior Business Registration Representative (U) Page 1 16.i Packet Pg. 631 Attachment: CM.Charter Implementation II - A6.EXHIBIT B - Senior Business Registration Representative Job Description Attachment 6 (5464 : EXHIBIT B coordinates application processing with fireworks suppliers, applicants and applicable City departments to ensure receipt of required fees and other documents; issues fireworks registration certificates and maintains all related files. 4. Assists with daily auditing of cash receipts and deposits; corrects billing errors; participates in the balancing of various cash and transaction accounts of a daily, monthly, quarterly and annual basis; assists with the preparation of complex renewal notices. 5. In person and by telephone, assists customers with a wide variety of business registration and other permit questions and issues; reads business registration applications and interviews customers to determine the type of business license required and the relevant fee structure; explains City prerequisites for the type of business involved; directs customers to other agencies whose approvals are required for business startup; enters data to set up new accounts; calculates fees, penalties and prior year adjustments if involved; accepts and issues receipts for payments received in cash or by check or credit card; balances assigned cash drawer at the end of the day. 6. Generates, prints and stuffs reminder and delinquent notices for business registration accounts. 7. Files applications and associated documents by class, account number and business name. 8. Reviews identification and documents, accepts and processes applications for U.S. passports, as a Certified Passport Agent; administers necessary oaths or affirmations. 9.8. Prepares a variety of records, reports and routine correspondence; orders forms and supplies. 10.9. Provides back up for other business registration staff. GENERAL QUALIFICATIONS Knowledge of: 1. City codes, regulations and rules applicable to determining business registration requirements and fee amounts. 2. Provisions applicable to the issuance of fireworks and live entertainment operator permits. 3. Customer service practices and customer-oriented telephone etiquette. 4. Standard office administration practices and procedures, including filing systems. 5. Sound business communication practices; correct English usage, including spelling, grammar and punctuation. 6. Characteristics of the City’s business base, including typical types of businesses and registration/fee issues. 7. Uses and operations of computers and standard business software. 8. Basic accounting procedures and terminology applicable to assigned areas of responsibility. 9. Business math. Ability to: 1. Operate a computer and other standard office equipment. 2. Handle tactfully and effectively sensitive customer relations situations and defuse situations that are highly emotional and volatile. 3. Quickly, efficiently and calmly handle a significant volume of customer interactions by telephone and in person. 4. Understand, interpret, explain and apply complex City codes, regulations and rules regarding business registration and other business licenses/permits. 5. Reach accurate decisions in accordance with rules and policies. Senior Business Registration Representative (U) Page 2 16.i Packet Pg. 632 Attachment: CM.Charter Implementation II - A6.EXHIBIT B - Senior Business Registration Representative Job Description Attachment 6 (5464 : EXHIBIT B 6. Perform account balancing and reconciliation duties quickly and accurately. 7. Understand and carry out written and oral instructions. 8. Communicate clearly and effectively orally and in writing. 9. Prepare clear, accurate and concise computer entries and basic correspondence. 10. Maintain sensitive and confidential information. 11. Establish and maintain effective working relationships with managers, co-workers, customers, passport applicants and others encountered in the course of work. MIMIMUM QUALIFICATIONS Education, Training and Experience: A typical way of obtaining the knowledges, skills and abilities outlined above is graduation from high school or G.E.D. equivalent; and three years of progressively responsible customer service experience, or an equivalent combination of training and experience. Experience in customer service functions in a government setting is highly desirable. Licenses; Certificates; Special Requirements: None. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this class, employees are regularly required to sit; talk or hear, both in person and by telephone; and use hands repetitively to operate, finger, handle or feel computers and other standard office equipment; and reach with hands and arms. Employees are frequently required to stand and walk and lift up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Employees work under typical office conditions and the noise level is usually quiet. Senior Business Registration Representative (U) Page 3 16.i Packet Pg. 633 Attachment: CM.Charter Implementation II - A6.EXHIBIT B - Senior Business Registration Representative Job Description Attachment 6 (5464 : 17.a Packet Pg. 634 Attachment: CM.PEGReauthorization.REPORT (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG Access and Support has prepared the proposed Ordinances for the Mayor and City Council’s consideration and adoption to ensure that there is no lapse in the City’s PEG ordinances. The proposed Ordinance and Urgency Ordinance would reauthorize the City’s PEG fee and therefore preserve funding available to support PEG programming facilities such as: cameras, audio, video and recording equipment and other capital items associated with government programming. Staff believes that an urgency ordinance is necessary for the immediate preservation of the public peace, health and safety, because the City depends on the PEG fee to support PEG access channel facilities, which are essential to providing City residents with important civic programming including emergency alerts and community and governmental news. If this Ordinance does not become effective immediately, but instead becomes effective 30 days after its second reading, funding for the City PEG facilities could lapse causing residents who rely on PEG channels for emergency broadcasts and news updates to lose a vital source of City information. Any lapse in funding may also lead to confusion among state video franchisees operating within the City regarding the payment of PEG access fees leading the City to incur additional costs to recover any overdue fees. Fiscal Impact The City receives $265,000 annually in PEG support fees and includes these funds in the annual IEMG/CATV budget. The adoption of the proposed Ordinance and Urgency Ordinance will allow for the continued collection of the City’s 1% fee on state-franchised video service providers to support the City’s public, educational, and governmental channel facilities pursuant to Section 14.08.25 of the San Bernardino Municipal Code. If the Mayor and City Council do not reauthorize the PEG access support fee, the City may not receive further PEG access fees from video service providers operating under state franchises within the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino: 1) Introduce for first reading an Ordinance of the City of San Bernardino, California, Reauthorizing the City’s Public, Educational, and Governmental Access and Support Fee; and, 2) Adopt an Urgency Ordinance of the City of San Bernardino, California, Reauthorizing the City’s Public, Educational, and Governmental Access and Support Fee. Attachments Attachment 1 – Ordinance Attachment 2 – Urgency Ordinance Attachment 3 - CCO, SoCal I, Franchise Certificate Letter 17.a Packet Pg. 635 Attachment: CM.PEGReauthorization.REPORT (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG Access and Support 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS AND SUPPORT FEE WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of the Digital Infrastructure and Video Competition Act of 2006, authorized the City of San Bernardino (“City”) to adopt an ordinance establishing a fee on state-franchised video service providers to support public, educational, and governmental access channel facilities; and WHEREAS, the City established a 1% fee for the support of public, educational, and governmental access facilities and activities within the City, codified as San Bernardino Municipal Code Section 14.08.25; and WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise; and WHEREAS, the state franchise which includes the City of San Bernardino within its geographic area, California Video Franchise Certificate Franchise No. 0007, expires in 2018. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council hereby reauthorizes and readopts the fee on state-franchised video service providers to support public, educational, and governmental channel facilities codified as Section 14.08.25 of the San Bernardino Municipal Code, which fee shall remain unchanged and in full effect as to all state-franchised video service providers. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. 17.b Packet Pg. 636 Attachment: CM.PEGReauthorization.A1.ORDINANCE (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG Access and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS AND SUPPORT FEE I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 17.b Packet Pg. 637 Attachment: CM.PEGReauthorization.A1.ORDINANCE (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG Access and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS AND SUPPORT FEE WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of the Digital Infrastructure and Video Competition Act of 2006, authorized the City of San Bernardino (“City”) to adopt an ordinance establishing a fee on state-franchised video service providers to support public, educational, and governmental access channel facilities (“PEG Access Channel Facilities”); and WHEREAS, the City established a 1% fee for the support of public, educational, and governmental access facilities and activities within the City, codified as San Bernardino Municipal Code Section 14.08.25 (“PEG Fee”); and WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise; and WHEREAS, the state franchise which includes the City of San Bernardino within its geographic area, California Video Franchise Certificate Franchise No. 0007, expires in 2018; and WHEREAS, the City of San Bernardino depends on the PEG Fee to support PEG Access Channel Facilities, which are essential to providing City residents with important civic programming, including emergency alerts and community and governmental news. Pursuant to Public Utilities Code Section 5870(n), the City’s PEG Fee codified in Section 14.08.25 of the San Bernardino Municipal Code shall expire upon the expiration of the state franchise. The state franchise expires in 2018. If this fee is not reauthorized immediately, but instead becomes effective 30 days after its second reading, funding for the City PEG Access Channel 17.c Packet Pg. 638 Attachment: CM.PEGReauthorization.A2.URGENCYORDINANCE (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Facilities could lapse causing residents who rely on PEG channels for emergency broadcasts and news updates to lose a vital source of City information. Any lapse in funding may also lead to confusion among state video franchisees operating within the City regarding the payment of PEG access fees leading the City to incur additional costs to recover any overdue fees. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council finds and determines that the immediate preservation of the public peace, health, and safety requires that this Ordinance be enacted as an urgency ordinance and take effect immediately upon adoption. SECTION 2: The Mayor and City Council hereby reauthorizes and readopts the fee on state-franchised video service providers to support public, educational, and governmental channel facilities codified as Section 14.08.25 of the San Bernardino Municipal Code, which fee shall remain unchanged and in full effect as to all state-franchised video service providers. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. /// /// /// /// /// /// /// /// 17.c Packet Pg. 639 Attachment: CM.PEGReauthorization.A2.URGENCYORDINANCE (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2018. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 17.c Packet Pg. 640 Attachment: CM.PEGReauthorization.A2.URGENCYORDINANCE (5465 : Ordinance and Urgency Ordinance Reauthorizing the City's PEG 17.d Packet Pg. 641 Attachment: CM.PEGReauthorization.A3.CCO SoCal I Renewed Franchise Certificate Attachment 1 (5465 : Ordinance and Urgency Ordinance 17.d Packet Pg. 642 Attachment: CM.PEGReauthorization.A3.CCO SoCal I Renewed Franchise Certificate Attachment 1 (5465 : Ordinance and Urgency Ordinance 17.d Packet Pg. 643 Attachment: CM.PEGReauthorization.A3.CCO SoCal I Renewed Franchise Certificate Attachment 1 (5465 : Ordinance and Urgency Ordinance 17.d Packet Pg. 644 Attachment: CM.PEGReauthorization.A3.CCO SoCal I Renewed Franchise Certificate Attachment 1 (5465 : Ordinance and Urgency Ordinance 17.d Packet Pg. 645 Attachment: CM.PEGReauthorization.A3.CCO SoCal I Renewed Franchise Certificate Attachment 1 (5465 : Ordinance and Urgency Ordinance 18.a Packet Pg. 646 Attachment: PW.CIP Workplan Update.SR (5466 : CIP Work Plan Update) 18.a Packet Pg. 647 Attachment: PW.CIP Workplan Update.SR (5466 : CIP Work Plan Update) FY 17/18 CIP WORK PLAN Project Name Proposed Budget FY 17/18 Anticipated Expenditures Anticipated work to be done Project ManagerAs stated in CIP Funding Source Proposed Budget What you will spend by 6/30/18 A brief description of work to be undertaken by June 30,2018 Status Project Manager STREETS STREETS Inland Center Drive Pavement Rehabilitation - SS-17-003 Gas Tax $800,000 $75,000 This project will grind 1 ½ “ to 2” of existing asphalt at Inland Center Drive between “E” Street and Adell Street for total of approximately 0.5 miles, repair damaged portions and overlay with new asphalt and restripe. Scope also includes replacement of damaged curb and gutter and sidewalk along 0.5 miles. Public Works will be receiving RFP for Design Services in 2nd quarter FY 2017/18 and submit recommended Design Firm for City Council approval in 3rd quarter FY 2017/18. Design completed in 4th quarter 2017/18, project construction contract award 1st quarter FY 2018/19 and construction in 2nd and 3rd quarters of FY 2018/19. Delayed one quarter- Will go to City Council 4th quarter FY 17/18 Carlos Miramontes/ Robert Little Mountain Drive Pavement Rehabilitation - SS-018-005 Gas Tax $650,000 $50,000 This project will grind 1 ½ “ to 2” of existing asphalt at Little Mountain Drive between Kendall Drive and 30th Street for total of approximately 3 miles, repair damaged portions and overlay with new asphalt and restripe. Scope also includes replacement of damaged curb and gutter and sidewalk along 3 miles. Public Works will be receiving RFP for Design Services in 2nd quarter FY 2017/18 and submit recommended Design Firm for City Council approval in 3rd quarter FY 2017/18. Design completed in 4th quarter 2017/18, project construction contract award 1st quarter FY 2018/19 and construction in 2nd and 3rd quarters of FY 2018/19.One quarter delay Mike Grubbs State Street Extension SS04-009 Regional Circulation (DIF)$200,000 $200,000 This project will extend State Street between Foothill Boulevard and 16th Street. Environmental for the project and design for Phase I (Baseline St. to 16th St.) will be completed in 4th quarter FY 17/18. Right of Way acquisition for Phase I will be completed 4th quarter FY 18/19. Project will be advertised to receive construction bids in 1st quarter FY 19/20 and will go for City Council approval to award construction contract 2nd quarter FY 19/20. Mike Grubbs Infill Housing Street and Sidewalk Improvement Project- Phase I CDBG $1,170,077 $1,170,077 Street Rehabilitation at Genevieve Street, Union Street and 8th Street to provide street rehabilitation in front of three new housing locations in CDBG area. Design completed April, 2018 and advertise project to receive construction bids.Design 50% completed Saba Engineer STORM DRAIN STORM DRAIN Rialto Avenue and Rancho Avenue Storm Drain Improvement - SD13-002 Storm Drain DIF $300,000 $50,000 Rialto Avenue and Rancho Avenue Storm drain. Scope of work will be defined and design will start 3rd quarter Fee 17/18 Interim solution completed. Future improvements on hold Saba Engineer Waterman Avenue and Baseline Street Culvert Repair- SD04- 024 Storm Drain DIF $99,900 $99,900 Baseline St. and Waterman Ave- Storm Drain-Culvert Repair- 80% Design completed Robert Sepulveda GENERAL BUILDINGS GENERAL BUILDINGS Rowe Branch Library Roof Installation CDBG $250,000 $250,000 Remove and replace existing Rowe Library roof and fascia. Design is complete and construction bids will go Council 2nd quarter FY 2017/18 for award. Construction will be completed 3rd quarter FY 2017/18.two quarter delay Nadeem Syed As stated in CIP Funding Source Proposed Budget What you will spend by 6/30/18 A brief description of work to be undertaken by June 30,2018 Status Project Manager FY 2017-18 Work Plan Page 1 New Projects Printed on: 3/29/2018 18.b Packet Pg. 648 Attachment: PW.CIP Workplan Update.Attachment (5466 : CIP Work Plan Update) FY 17/18 CIP WORK PLAN Study of Options and Costs for City Hall Seismic Retrofit and Rehabilitation-GB18-012 General Funds $500,000 $200,000 Conduct Study and provide City Manager with options for the rehabilitation of City Hall. RFP will be issued 3rd quarter FY 2017/18. RFP will go to council 4th quarter FY 2017/18 for approval. Survey completion date to be decided.On hold PW / Engineering Demolition of Fire Station 223 General Funds $125,000 $12,000 Demolish Fire Station 223 and return site to buildable condition. Design and environmental reviews will be completed 3rd quarter FY 2017/18. Demolition bids will go to council 4th quarter FY 2017/18 for award. Demolition will be complete 1st quarter FY 2018/19.one quarter delay Nadeem Syed PARKS PARKS Options Analysis for Delman Heights Park General Funds $150,000 $150,000 Award of contract for park assessment in 4th quarter FY 17/18 On schedule Jim Tickemyer Jerry Lewis Swim Center CDBG $253,000 $200,000 Contract was awarded in the amount of $184,274.00 On schedule Jim Tickemyer Pool Re-plastering CDBG $465,000 $65,000 Re-plastering of two (2) pools - bid award 3rd quarter; construction starts 4th quarter FY 17/18, construction begins 2nd quarter FY 18/19 On schedule Jim Tickemyer Jerry Lewis Shade Structure CDBG $195,000 $195,000 Fabricate and Install one 37’ x 130’ cantilever style shade structure to shade the pool deck at Jerry Lewis Swim Center. Award construction Contract 3rd quarter FY 17/18.On schedule Jim Tickemyer TRAFFIC TRAFFIC City-Wide Street Light Conversion to LED Luminaires TC18- 002 (Assessment)Gas Tax $287,000 $100,000 RFP to do street light assessment released fourth quarter FY 17/18 On schedule Mahmoud Khodr FY 2017-18 Work Plan Page 2 New Projects Printed on: 3/29/2018 18.b Packet Pg. 649 Attachment: PW.CIP Workplan Update.Attachment (5466 : CIP Work Plan Update) 19.a Packet Pg. 650 Attachment: PW.Verdemont Staff Report (5467 : Verdemont Community Center) 19.a Packet Pg. 651 Attachment: PW.Verdemont Staff Report (5467 : Verdemont Community Center) 19.a Packet Pg. 652 Attachment: PW.Verdemont Staff Report (5467 : Verdemont Community Center) Utah Nevada Idaho California 1177 Idaho Street Suite 200 Redlands, CA 92374 P 909.335.7400 F 909.335.7299 An Architectural Corp. Evaluation Report of the Verdemont Community Center at Al Guhin Park 10/29/17 3664 W. Little League Dr. San Bernardino, CA 92407 19.b Packet Pg. 653 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) Table of Contents Property Description ..........................................................................................1 Building History .................................................................................................1 Executive Summary ...................................................................................... 1-2 Legend / Definitions ..........................................................................................3 Findings ....................................................................................................... 4-21 Cost Estimate .................................................................................................. 22 ‘Exhibit 1’ - City Inspection ........................................................................ 23-25 ‘Exhibit 2’ - Grand Jury Findings ............................................................... 26-28 19.b Packet Pg. 654 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) PROPERTY DESCRIPTION Parcel No.: 0261-172-21 Zoning: PP (Public Park) General Plan: Open Space Physical Address: 3664 W. Little League Dr San Bernardino, CA 92407 Total Building area: 4,320 SF Year Constructed: 2011 Number of stories: 1 Fire Sprinklers: No Type of construction: (6) 12 x 60 Modular Buildings Building Occupancy: B – Office A – Assembly Building Use: Community Center BUILDING HISTORY: The purpose of this report is to provide an architectural, structural engineering and roofing assessment of the existing 4,320 SF pre-manufactured modular facility that is owned by the City of San Bernardino and is located on City owned land in the Al Guhin Park. Currently the facility is vacant but was previously used as a Community Center. The facility was constructed in 2011 but the contractor failed to obtain the proper inspections during construction. On September 30, 2011 the facility was opened for public use without the issuance of a “Certificate of Occupancy”. In December 2011 the Community Development Department conducted several inspections to ascertain if the work was in conformance with the approved building plans and relevant building codes. Since most of the work was covered it was difficult to establish a complete list of deficient of missing items that may exist on the project. Attached as ‘Exhibit 1’ is a copy of the report dated December 19, 2011 that was performed by Jack Masters, the Building Inspection Supervisor. Given that the construction was complete the inspection performed was only visual and did not necessarily include a complete list of deficiencies that may be present. In May of 2012 members of the Grand Jury visited the facility and prepared their findings and recommendations regarding the facility and determined that the City cease operation of the Community Center. Attached as ‘Exhibit 2’ is a copy of the Final report from the San Bernardino County Grand Jury. EXECUTIVE SUMMARY: The building has been toured and a visual survey was performed to identify the building structure, foundation and roofing components. The survey was performed to document the existing condition of the facility components so that a study could be prepared of the existing conditions compared to the approved permitted drawing provided by the owner. The following report provides an evaluation of the building structural integrity and provides recommendations as to how these deficiencies can be addressed. 1 19.b Packet Pg. 655 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) The facility requires structural strengthening to meet CBC requirement for assembly usage, ADA improvements, new acoustical suspension system and lighting, AC ductwork / pipe bracing and roof replacement because the existing roof covering is deteriorating and is in poor condition. Repair and replacement of flashing, drip edge, etc. is also needed to many portions of this roof system to provide a weather proof deck. There are many instances where ADA path of travel to the site or at building entrances that are in violation of the current code requirements. Currently the clearance and mounting height of partitions, fixtures and accessories do not meet current code requirements. To achieve code compliant restrooms, the space would need to be modified to meet code. Currently the facility is not equipped with a fire suppression system. We have reviewed the CBC and met with local fire jurisdiction to determine if we would be required to provide a fire sprinkler system. Per code we are not required to upgrade the facility by adding a fire sprinkler system, however we will be required to provide a fire suppression hood in the kitchen. It is noted that there is an existing fire hydrant that is 200’-0” or less from the existing facility. Structural: Due to the need for structural strengthening of the floor system to meet code requirements for an assembly use and the necessary roof replacement the facility has been reviewed for structural upgrades and recommendation have been prepared as noted in Tang Structural Engineers, Inc report dated October 24, 2017. The findings of these reports were based upon a visual inspection and therefore cannot address if the site was properly compacted or if Roofing: Removal and replacement of the roofing system and wood fascia and trim are required as the roof is in poor condition and there are numerous deficiencies especially at the membrane joints and perimeter edge. The facility was inspected, and replacement recommendations include removal and replacement of roofing to provide a new cementitious deck coverboard with a new roofing membrane to achieve the required Class ‘A’ Fire rating. Architectural: Per local jurisdiction the improvements that will be made will require that the project provides ADA access improvements. The local agency has indicated that we will be required to make ADA improvements, but they will not confirm the level of improvements that will be required until we have established the final scope of work to be performed. There are also numerous areas of concern that have been The findings of these reports were based upon a visual inspection and therefore cannot address some of the following concerns: · If the pad was properly prepared and compacted prior to installation of footings · If the proper reinforcing was used in the perimeter and pier footings. · The existing foundation walls did not provide the waterproofing membrane, cement board and flashing that was required by the construction documents but we were unable to confirm if the 12 inch wide gravel basin with perforated pipe that was to run to a drywell / storm drain was installed or not. 2 19.b Packet Pg. 656 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) Legend Categories Code C Function F Maintenance/Lifecycle ML Priorities Essential 1 Needed 2 Desirable 3 Definitions Categories Code - An issue that is related to the any applicable building code Function - An issue that will affect how well the building functions and performs its purpose Priorities Essential - Necessary for the building to perform its fundamental purpose, assure basic life safety, or required to meet governmental approval for use of facility. Needed - Effects a significant improvement to the fundamental purpose of the building, adds greater life to a significant building element. Substantially reduces the operating costs to the point of realizing a return on investment of 3 years or less. Desirable - Effects a desirable but not essential improvement to the building. Generally, includes improved function, greater character, comfort, improved building life, also improved energy savings but without such a quick return. 3 19.b Packet Pg. 657 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) General Category Priority Roof 1. Existing roof system is a single ply membrane adhered to the plywood deck and is in poor condition and has multiple leaks especially at the building perimeter edge and roof penetrations. Replace entire roof and flashing system and add drip edge ML 1,2 2. The control joint single ply expansion cover material is poorly applied and is wrinkled with some of the edges open to water intrusion as well as there are a few punctures in the membrane. Replace entire roofing system and provide new cementitious coverboard over plywood to achieved Class A roof. ML 1,2 3. The perimeter edge is very poorly secured with the 1 x fascia board nailed in place over the top of the single ply membrane which is turned down the side of the building which allows the water to enter the building and wick behind the stucco wall and into the building envelope. Remove and replace fascia and provide proper drip edge and flashing for proper drainage. ML.C 1,2 4. Main entry does not have a covered entry or overhang to divert water run-off in bad weather. Suggest adding gutters at entry doors to divert run-off and alleviate drainage issues. F 3 4 19.b Packet Pg. 658 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 5. The top and interior of the fascia board is uncoated and is absorbing water which results in warping and dry rot. Water is trapped behind fascia board and either ponds behind fascia board or directs the water into the joint of the roof and the wall cavity of the stucco exterior or runs down the face of the stucco wall causing staining as indicated in photo 8 below. Remove and replace fascia and provide proper drip edge and flashing for proper drainage. ML.C 1,2 6. The water that is trapped behind the fascia board is traveling behind the stucco finish of the wall or behind the corner trim and casing warping or dry rot of the wood trim. Remove and replace fascia and wood trim. ML 1,2 7. See comments in 5 above. ML 1,2 5 19.b Packet Pg. 659 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 8. On the northwest side of the building there is a roof overhang that covers the wall mounted AC units. Due to the issue referenced in 3 and 4 above there is roof drainage run-off that is draining directly over the units and disconnects. Remove and replace fascia and provide proper drip edge and flashing for proper drainage and possibly add gutters and downspouts to divert run-off. ML 1,2 9. See comments in 4 above. ML 1,2 Site - ADA 1. Missing tow-away parking signage at each entrance stating that any unauthorized vehicle parked in designated accessible parking spaces will be towed away at owner’s expense. Provide missing signage at entrance to facility. C 1 2. ADA code compliant path of travel from the public right-of-way to the main entrance is not provided. Regrade area and install ADA compliant curb ramp, truncated domes, sidewalk and striped walkways to meet accessibility requirement for access from the public right of way. C 1 6 19.b Packet Pg. 660 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 3. Accessible parking stall striping is faded and is missing “No Parking” lettering in the loading and unloading access aisle. Repaint accessible parking stall striping and add “No Parking” lettering to access aisle. C 1 4. Entrance is not code compliant. Missing level landing at entry door and no International Symbol of Accessibility sign provided at main entry. Remove walks, regrade areas and install ADA compliant walkway and International Accessibility signage. C 1 Building Exterior 1. Main entry and exit doors to the Community Center do not have exterior egress lighting required by code. Provide exterior egress lighting at each entry and exit door. C 1 7 19.b Packet Pg. 661 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 2. Stucco finish on exterior walls have been installed all the way down to finish grade level and does not provide weep screed required by code to allow moisture to escape. Currently the moisture from the ground and the drainage from the roof wick into the existing wall cavity and have no way to escape. This condition will cause moisture to build up in the walls and cause dry rot of the framing and a high potential for mold in the drywall and insulation. Remove stucco finish system and any damaged framing and install new stucco system with code required weep screed. C 1 3. Stucco finish on exterior walls has been installed with a minimal control joint to help control cracking of stucco finish. Combined with the issues noted in 2 above have resulted in numerous location with cracking and water intrusion. Remove stucco finish system and any damaged framing and install new stucco system with control joints and code required weep screed. C 1 4. See comments in 2 and 3 above. C 1 8 19.b Packet Pg. 662 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 5. See comments in 2 and 3 above. C 1 6. Entry and exit doors are required to have panic device for exiting and closers. Glazing at storefront system is damages. Provide panic device and closers and replace storefront glazing. C 1 7. See comments in 6 above. C 1 Building Interior ADA Improvements 1. Restroom layout does not meet some of the ADA requirements. Some examples are required turning radius, door clearances and dimension clearances in toilet partition stalls. Reconfigure restrooms to meet code requirements. No Picture C, F 1 9 19.b Packet Pg. 663 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 2. Mounting height of accessories in restrooms, kitchen and multi- purpose rooms are not ADA compliant Modify mounting height of accessories to meet code requirements. C 1 3. See comments in 2 above. C 1 4. See comments in 2 above. C 1 10 19.b Packet Pg. 664 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 5. Urinal does not have the elongated rim projecting 14.” Replace the urinal with a fixture that meets code requirements. C 1 6. Urinal exceed the maximum mounting height of 17” above the finish floor. Install the urinal with a maximum mounting height of 17” above the finish floor. C 1 7. Accessible water closet must be provided with an elongated bowl, located 18” from the wall and toilet paper dispenser must be with-in 12” of the front of the bowl. Modify or replace fixture and accessories to meet code requirements. C 1 11 19.b Packet Pg. 665 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 8. Mounting height of countertop and sinks exceeds 34” maximum height. Mirror is mounted higher than the maximum allowable 40”. Missing pipe insulation at water lines below sinks. Modify or replace countertop and sink and install counter and mirror at proper heights to meet code requirements. Provide pipe insulation at lavatory water pipes. C 1 9. The main entry lobby has two reception / transaction windows with counters that are mounted 42” above finish floor. Code requires a portion of the main counter at least 36” long be mounted at 34” high. Modify or replace at least one reception / transaction window with counter to meet code requirements. C 1 10. Missing ADA signage at main entrance. Provide ADA signage per code requirements. C 1 12 19.b Packet Pg. 666 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 11. Improper signage and mounting height of restroom signage. Provide ADA signage per code requirements. C 1 12. Missing ADA tactile restroom signage adjacent to restroom doors. Provide ADA tactile signage per code requirements. C 1 13. Sink at kitchen does not provide faucet controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist. Provide ADA compliant faucet per code requirements. C 1 14. Kitchen sink does not provide the required knee space clearance. Missing pipe insulation at water lines below sink. Modify or replace cabinetry and counter and install at 34” with required knee space clearance below sink to meet code requirements. Provide pipe insulation at sink water pipes. C 1 13 19.b Packet Pg. 667 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 15. Kitchen counter and sink are mounted at 36” above finish floor. Modify or replace cabinetry and counter and install at 34” to meet code requirements. C 1 16. Door to kitchen does not provide the required 18” strike side clearance. Reconfigure kitchen layout or remove door. C 1 Building Interior Improvements 1. Existing non-baring walls are not properly supported or attached to the main structure. As seen in this photo the partition wall has been attached to the structure above with acoustical ceiling T-bar grid. Wall is extremely unstable. Reframe wall or provide brace connection to structure above to provide positive, secure connection. C 1 14 19.b Packet Pg. 668 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 2. Existing non-baring wall is not properly connected to the main structure above. As seen in this photo the partition wall is not attached to the structure above. Reframe wall or provide brace connection to structure above to provide positive, secure connection. C 1 3. See comments in 1 above C 1 4. See comments in 1 above. C 1 15 19.b Packet Pg. 669 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 5. Existing water heater below sink in kitchen is inadequate to meet the demand of the kitchen use. Replace the water heater with a larger tank style water heater or a provide a tankless water heater to meet the demand. C, F 1,2 6. Existing ductwork, piping and light fixtures are not properly supported or braced. Missing insulation at ductwork and ceiling envelope. Existing light fixtures do not meet current Title 24. Acoustical ceiling system has been removed. Brace all ductwork and piping. Provide missing insulation and acoustical ceiling suspension system. Replace light fixtures to meet code requirements. C 1 7. See comments in 6 above. C 1 16 19.b Packet Pg. 670 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 8. See comments in 6 above. C 1 9. See comments in 6 above. C 1 10. See comments in 6 above. C 1 17 19.b Packet Pg. 671 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 11. See comments in 6 above. C 1 12. Main entry and exit doors have non-illuminated sticker exit signs. Provide code compliant self- illuminated exit signs at the main entry and exit doors. C 1 13. See comments in 11 above. C 1 14. The contractor has removed the existing flooring and has attempted to structurally connect the 6 modular structures together at the floor deck with 3’-0” long metal straps. The straps are not flush with the adjacent plywood deck. Prior to installation of new finish flooring it will be necessary to install a floor leveling compound to level the deck and provide a suitable surface to adhere to. F 1,2 18 19.b Packet Pg. 672 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) 15. See comments in 13 above. F 1,2 16. See comments in 13 above. F 1,2 17. See comments in 13 above. F 1,2 19 19.b Packet Pg. 673 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) CATEGORY DESCRIPTION OF WORK UNIT COST UNIT QUANITY ESTIMATED COSTS Architectural/ Structural Upgrade Mobilization 15,000 LS 1 15,000.00$ Demolition 30,000 LS 1 30,000.00$ Mold Remediation 10,000 LS 1 10,000.00$ Upgrade restroom for ADA accessibility including finishes 35 SF 600 21,000.00$ Miscellaneous Specialities (signage, etc.) 4000 LS 1 4,000.00$ Replace non-compliant cabinetry with ADA accessible cabinetry 450 LF 15 6,750.00$ Water Heater 4,000 EA 1 4,000.00$ Commercial Range Hood with fire suppression system 8,000 EA 1 8,000.00$ Mechanical Duct and Pipe repairs and bracing 30,000 LS 1 30,000.00$ Air Balance 3,000 LS 1 3,000.00$ Storefront door system with panic devices 15,000 EA 1 15,000.00$ Stucco System w/control joints and weep screed 10 SF 3696 36,960.00$ Wood trim and fascia 15 LF 494 7,410.00$ Exterior water intrusion repairs 15,000 LS 1 15,000.00$ Paint (Interior and exterior trim)30,000 LS 1 30,000.00$ Misc. framing and wall repairs based upon structural repairs 30,000 LS 1 30,000.00$ Insulation 5,000 LS 1 5,000.00$ Flooring 10 SF 3720 37,200.00$ 6" Rubber base 4 LF 640 2,240.00$ Floor leveling compound 11 SF 4320 47,520.00$ Modification to lighting to accommodate structural retrofit and meet Title 24 code requirements 60,000 LS 1 60,000.00$ Illuminated Exit Signs 550 EA 3 1,650.00$ Replace accoustical suspension ceiling system 12 SF 4320 51,840.00$ Gutter & Downspout 12 LF 150 1,800.00$ Replace single ply roofing membrane with Class 'A' membrane roof system over DensDeck cover board with flashing and drip edge 12 SF 4320 51,840.00$ Seismic Upgrade/Strengthening (see attached report from Tang Structural Engineers dated October 24, 2017)133,132 LS 1 133,132.00$ 658,342.00$ Site/Exterior improvements Entrance Lighting 500 EA 2 1,000.00$ Concrete sidewalk / ADA access depressed curb ramp to Public Right of way 20 SF 570 11,400.00$ Exterior ADA Signage 300 EA 2 600.00$ Parking stall /Crosswalk/ ADA striping 2,500 LS 1 2,500.00$ 15,500.00$ Overhead and Profit 6% 40,430.52$ General Conditions 40,000 LS 1 40,000.00$ Bonds and Insurance 1.50%10,714.09$ 91,144.61$ 764,986.61$ Architecture (including Mech./Plumb. & Electrical Engineering) 35,000 EA 1 35,000.00$ Mechanical,Electrcial and Plumbiing Engineering 15,000 EA 1 15,000.00$ Structural Engineering 10,000 EA 1 10,000.00$ 60,000.00$ Construction Contingency 10% 76,498.66$ 76,498.66$ Building Permit / Printing / Fees 5,000 EA 1 5,000.00$ Testing / Special Inpsections 10,000 EA 1 10,000.00$ Soils Testing 12,000 EA 1 12,000.00$ 27,000.00$ 928,485.27$ Total Estimated Construction, Fees and Professional Services Costs: architectural / structural subtotal site - ADA compliance subtotal Contractor profit & overhead subtotal total construction subtotal subtotal Per local jurisdiction site accessibility will need to be upgraded to meet code. Existing site does not reflect accessible code compliant t path of travel to entrance subtotal OWNER SERVICES PERMITS AND FEES PROFESSIONAL SERVICES CONTRACTOR Verdemont Community Center Code Required Improvements, Seimic Upgrades & Roof Replacement 3664 Little League Drive, San Bernardino, Ca 92407 October 29, 2017 20 19.b Packet Pg. 674 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : Verdemont Community Center) EXHIBIT '1'2119.b Packet Pg. 675 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : 2219.b Packet Pg. 676 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : 2319.b Packet Pg. 677 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : EXHIBIT '2'2419.b Packet Pg. 678 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : 2519.b Packet Pg. 679 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : 2619.b Packet Pg. 680 Attachment: PW.Verdemont Attachment 1 Architectural Report Verdemont Community Center (5467 : 19.c Packet Pg. 681 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 682 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 683 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 684 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 685 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 686 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 687 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 688 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 689 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 690 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 691 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 692 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 693 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 694 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 695 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 696 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 697 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 698 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 699 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 700 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 701 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 702 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 703 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 704 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 705 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 706 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 707 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 708 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 709 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 710 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 711 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 712 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 713 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 714 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 715 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 716 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 717 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 718 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 719 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 720 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 721 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 722 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 723 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 724 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 725 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 726 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 727 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 728 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 729 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 730 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 731 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 732 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 733 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 734 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 735 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 736 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 737 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 738 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 739 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 740 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 741 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 742 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 743 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) 19.c Packet Pg. 744 Attachment: PW.Verdemont Attachment 2 Structural Report Verdemont Community Center (5467 : Verdemont Community Center) Staff Report City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Jim Mulvihill, 7th Ward Council Member By: Renee Brizuela, Administrative Assistant to City Council Subject: Southern California Association of Governments Legislative Update Recommendation Receive an oral report by Council Member Mulvihill. Background Council Member Mulvihill has been attending the SCAG Regional Council Meetings. These meetings are held in Los Angeles, CA. Council Member Mulvihill will provide an oral update at this evening’s meeting. Attachment Attachment 1 – SCAG Tracking Report Overview Attachment 2 – SCAG Tracking Report Motion Receive and File. 20.a Packet Pg. 745 Attachment: Council.SCAG Legislative Update.REPORT (5468 : Southern California Association of Governments Legislative Update) SCAG Legislative/Communications & Membership Committee Update: March 21, 2018 This presentation will be brief: I’ve added some comments for your attention. I have skipped SCAG document pages 24-28, and gone to the lengthy “SCAG Tracking Report” that includes all proposed legislation SCAG is following. here I’ve listed legislation that might be of interest to San Bernardino with a couple of words indicating its content. Agenda Item #3 Proposition 68: SB 5 (De Leon) would $4 billion in general obligation bonds to be distributed as listed on pages 11-13, including: neighborhood parks; state parks; watershed protection; storm water, mudslide protection; forest management; wildlife conservation; climate change; etc. Depending on the type of project, bill requires 15% to 20% of bond proceeds will be dedicated to “severely disadvantaged communities,” i.e. communities with median incomes less than 60% of the statewide average. (LCMC supports) Agenda Item #4 Proposition 69: Assures that revenue generated from diesel sale tax and Transportation Improvement Fee (TIF) will be limited to transportation- related purposes. Gasoline and diesel excise tax revenues are already limited to transportation-related purposes. (LCMC supports) Agenda Item #5 AB 2417: The Metro Gold Line is extended from Los Angeles and Pasadena to Montclair and ultimately Ontario. Presently, the Construction Authority’s Board is composed on five voting members and three non-voting members. AB 2417 proposes to add a representative from Montclair as a sixth voting member. SCAG is opposing unless a seventh voting member is appointed from San Bernardino County. SBCTA (SANBAG) must provide funds to build the section within San Bernardino County and feels justified in becoming a full -voting member. Agenda Item #6 SB 1119: Bill assures that at least 50% of Cap&Trade funds deposited in the Low Carbon Transit Operations Program be spent in disadvantaged communities. These LCTOP funds support transit connections for 20.b Packet Pg. 746 Attachment: Council.SCAG Legislative Update.Attachment 1 - SCAG Tracking Report Overview (5468 : Southern California Association of residents of disadvantaged or low-income areas (and students) to major employment, medical or educational centers. (LCMC supports) Agenda Item #7 (three bills): These bills all recognize 2017 as the worst wild fire year in California’s history. AB 1877 (Limon, Santa Barbara) assures that emergency and disaster response services are translated in languages other than English. AB 821 (Jackson, Santa Barbara) makes available for Counties to opt to receive personal contact information of resident account through records of utilities, water, waste services, and property services for the sole purpose of enrolling residents in a county-operated public emergency warning system. SB 1260 (Jackson, Santa Barbara) authorizes the Department of Forestry and Fire to use fire on any brush-covered land, grass or woodland (among others) to use fire to lessen the fire hazard. Also, anyone allowing a fire on their property to spread to any public or private property of another, without exercising due diligence to control the fire, can be found liable for property damages caused by the fire. Abbreviated Legislative Tracking Report: A summary of selected bills that SCAG is following, but not necessarily supporting or opposing. AB 943 (Santiago): Any ordinance reducing density or stopping development within one mile of a transit stop must receive 55% of votes cast. AB 1745 (McCarty): After January 1, 2040, all vehicles must be zero -emission. AB 1804 (Berman): Residential and mixed-use developments within unincorporated areas exempted from CEQA. AB 1877 (Limon): Described in Agenda Item #7. AB 1901 (Obernolte): Exempts indefinitely from CEQA, road projects in jurisdictions less than 100,000 population. AB 1905 (Grayson): Excepts from a court stay, based on CEQA challenge, any project whose EIR has been certified, any transportation project that reduces total vehicle miles traveled. AB 2341 (Mathis): Except under certain circumstance, aesthetic effects are not significant effects for purposes of CEQA. AB 2417 (Rodriquez): Discussed in Agenda Item #5. AB 3059 (Bloom): Congestion pricing demonstration pilot projects authorized. 20.b Packet Pg. 747 Attachment: Council.SCAG Legislative Update.Attachment 1 - SCAG Tracking Report Overview (5468 : Southern California Association of SB 71 (Wiener): An unauthorized person subject to treble damages for collecting, removing or transporting solid waste. SB 760 (Wiener): Bikeway guidelines. SB 827/828 (Wiener) Covered in March 7th Council meeting. SB 1260 (Jackson): Addressed in Agenda Item#7. SB1340 (Glazer): Except as provided, prohibits a court from staying or enjoining a housing project alleged to have violated CEQA. SCA 6 (Wiener): Issuance of bonds payable from the revenues of a special tax for transportation projects may be approved by a 55% vote of the electorate. 20.b Packet Pg. 748 Attachment: Council.SCAG Legislative Update.Attachment 1 - SCAG Tracking Report Overview (5468 : Southern California Association of 20.c Packet Pg. 749 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 750 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 751 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 752 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 753 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 754 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 755 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 756 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 757 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 758 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 759 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 760 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 761 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 762 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 763 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 764 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 765 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 766 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 767 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 768 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 769 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 770 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 771 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 772 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 773 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 774 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 775 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 776 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 777 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 778 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 779 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 780 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 781 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 782 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 783 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 784 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 785 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments 20.c Packet Pg. 786 Attachment: Council.SCAG Legislative Update.Attachment 2 - SCAG Tracking Report (5468 : Southern California Association of Governments Staff Report City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Council Member Benito Barrios By: Renee Brizuela, Administrative Assistant to City Council Subject: Water Education for Latin Leaders (WELL) 2018 Annual Conference – March 22-23, 2018 Recommendation Receive an oral report by Council Member Barrios. Background On March 22-23, 2018, Council Member Barrios attended the Well 2018 Annual Conference in Sacramento, CA. Council Member Barrios will provide an oral report at this evening’s meeting. Attachments Attachment 1 – § 532323- Government Code on Reporting Trips Attachment 2 - AB 1234 Report on Meetings Attended Attachment 3 – Well 2018 Annual Conference Agenda Motion Receive and File. 21.a Packet Pg. 787 Attachment: Council.WELL 2018 Annual Conference - Barrios.REPORT (5469 : Water Education for Latin Leaders (WELL) 2018 Annual § 53232.3. Expense report forms, CA GOVT § 53232.3 © 2014 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s Annotated California Codes Government Code (Refs & Annos) Title 5. Local Agencies (Refs & Annos) Division 2. Cities, Counties, and Other Agencies (Refs & Annos) Part 1. Powers and Duties Common to Cities, Counties, and Other Agencies (Refs & Annos) Chapter 2. Officers and Employees (Refs & Annos) Article 2.3. Compensation (Refs & Annos) West’s Ann.Cal.Gov.Code § 53232.3 § 53232.3. Expense report forms Effective: January 1, 2006 Currentness (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense. (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Credits (Added by Stats.2005, c. 700 (A.B.1234), § 3.) West’s Ann. Cal. Gov. Code § 53232.3, CA GOVT § 53232.3 Current with all 2013 Reg.Sess. laws, all 2013-2014 1st Ex.Sess. laws, and Res. c. 123 (S.C.A.3) End of Document © 2014 Thomson Reuters. No claim to original U.S. Government Works. 21.b Packet Pg. 788 Attachment: Council.WELL 2018 Annual Conference - Barrios.A1.Government Code on Reporting Trips (5469 : Water Education for Latin 21.c Packet Pg. 789 Attachment: Council.WELL 2018 Annual Conference - Barrios.A2.AB 1234 REPORT ON MEETINGS ATTENDED (5469 : Water Education for 21.d Packet Pg. 790 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) 21.d Packet Pg. 791 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) 21.d Packet Pg. 792 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) 21.d Packet Pg. 793 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) 21.d Packet Pg. 794 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) 21.d Packet Pg. 795 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) 21.d Packet Pg. 796 Attachment: Council.WELL 2018 Annual Conference - Barrios.A3.Annual Conference Agenda (5469 : Water Education for Latin Leaders (WELL) Staff Report City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Tanya Romo, Assistant to the City Manager Subject: Alternative Locations for City Council Chambers Recommendation Review, discuss, and provide direction based on the findings of City Council Chambers relocation options. Background On October 5, 2015, the Mayor and City Council adopted Resolution No. 2015-218, approving a Consultant Services Agreement with IDS Group for the seismic evaluation of City Hall. The findings of the evaluation by IDS determined City Hall to be seismically unsafe. Based on the findings, the decision was made to vacate the building and relocate to facilities within close proximity, in an effort to minimize the impact on the public. The Council Chambers was relocated to the former Economic Development Agency building located at 201 North E. Street. When selected, this location was most practical and cost effective. However, there are many challenges with the current location, including the following: ADA accessibility Room capacity Difficulty locating the facility Safety concerns Unprofessional room setting Acknowledging our challenges, City staff requested a proposal from Miller Architecture Interior Planning for the design and engineering services for the current Council Chambers at 201 North E. Street. Specifically, improvements to the third floor to accommodate a new Council Chamber, seating area, conference room and accessory support functions as well as renovation of the public restrooms to meeting current accessibility requirements. 22.a Packet Pg. 797 Attachment: CM.City Council Chambers.Staff REPORT (5470 : Alternative Locations for City Council Chambers) The scope of services for the design and engineering would cost the City $41,400. The actual cost of improvements will be determined once the design and engineering plans are complete. Staff does not recommend proceeding with this option at this time as there are other options potentially available that should be explored further and the situation may be temporary. Discussion In an effort to provide a comprehensive analysis of other facilities and minimize the impact to the public, five alternate locations within three miles from City Hall were identified for consideration as an alternative to conduct City Council meetings. The following facilities were considered in the analysis as depicted in detail in Attachment 1: 1. Inland Valley Development Agency 2. Santa Fe Depot 3. National Orange Show 4. County of San Bernardino 5. Feldheym Library 6. San Bernardino Unified School District Board Room Inland Valley Development Agency – 1601 East Third Street, San Bernardino The Inland Valley Development Agency’s Norton Regional Event Center is not available for use by the City on regularly scheduled City Council meeting dates due to a scheduling conflict. The room is currently utilized by LAFCO on the first and third Wednesday of the month. Santa Fe Depot – 1170 West 3rd Street, San Bernardino The Santa Fe Depot is available for use on the City’s regularly scheduled Council meeting dates through 2018. However, moving to this facility would not the our current challenges. As this is a train station, the noise level from the trains is a major concern. In addition, the elevator is located in the public seating area. This is the only elevator available to occupants of the building and further increases the concern with interruptions while conducting City business. National Orange Show – 930 South Arrowhead, San Bernardino The National Orange Show’s Backstretch is located within the Martin A. Matich Sports Center. The facility offers a stage for the dais and 260 stadium style seating for the public. However, the rear of the room opens directly into the bar area which provides for an unprofessional setting when conducting public meetings. County of San Bernardino – 385 North Arrowhead, San Bernardino San Bernardino County Board meetings are conducted in the Covington Chambers. Although this is a suitable facility that can accommodate many of the City’s needs, there is not enough seating at the dais to accommodate the Mayor and City Council. Further, 22.a Packet Pg. 798 Attachment: CM.City Council Chambers.Staff REPORT (5470 : Alternative Locations for City Council Chambers) the room is not available due to a scheduling conflict. The room is currently being utilized by the County Assessment Appeals Board each Wednesday. Feldheym Library – 555 West 5th Street, San Bernardino The Feldheym’s Bing S. Wong Lecture Hall is a City owned facility. The room has a raised stage where tables can be set up similar to the current dais. As a City facility, the City Council meetings take priority over any other events in the Bing S. Wong Lecture Hall. There is a potential for loss of revenue, if not available for usage by other parties. Workshops and special meetings would require verifying room availability prior to proceeding with scheduling. San Bernardino Unified School District Board Room (SBUSD) – 777 North F Street, San Bernardino SBUSD is in the process of doing a major remodel to their board room. SBUSD is currently holding their meetings at a local high school. The remodel is expected to take one year. Another option the Mayor and City Council may want to consider would be to continue meeting at the current location until more is known about the City Hall retrofit project. Public Works currently has a Request for Proposal advertised and by the end of April expect to have a consultant on board to develop and design a possible permanent solution to the seismic issues at City Hall and explore alternatives related to the building and site. Fiscal Impact There is no financial impact at this time. Conclusion It is recommended that the Mayor and City Council review, and discuss the alternative locations to conduct City Council meetings and provide direction. Attachments Attachment 1 – Council Chambers Location Alternatives Attachment 2 – Photographs of facilities Ward(s): All Synopsis of Previous Council Actions: 22.a Packet Pg. 799 Attachment: CM.City Council Chambers.Staff REPORT (5470 : Alternative Locations for City Council Chambers) Current Council Chambers IVDA Santa Fe Depot National Orange Show County of San Bernardino Feldheym Library 201 N. E Street, San Bernardino, CA 92401 1601 East Third Street, San Bernardino, CA 92401 1170 W. 3rd Street, San Bernardino, CA 92410 930 South Arrowhead, San Bernardino, CA 92415 385 N. Arrowhead Avenue, San Bernardino, CA 92415 555 West 5th Street, San Bernardino, CA 92410 Room/Facility Council Chambers Norton Regional Event Center Auditorium SBCTA Santa Fe Depot Board Room The Backstretch, located inside the National Orange Show Event Center's Martin A. Matich Sports Center Covington Chambers Bing S. Wong Lecture Hall Available Unavailable Available Available Unavailable Available Flexibility. City Council meetings take priority over any other events. Due to a scheduling conflict, the IVDA Auditorium is not available for the regularly scheduled Council meetings. LAFCO Currently utilizes the room on each Wednesday. Therefore, the room is unavailable. The room is available on the first and third Wednesdays of the month. City staff would need to confirm availability for special meetings. The room is available on the first and third Wednesdays of the month. City staff would need to confirm availability for special meetings. Due to a scheduling conflict, the Covington Chambers is not available for the regularly scheduled Council meetings. The County Assessment Appeals Board utilizes the room each Wednesday and occasionally extend beyond 5:00 p.m. Therefore, the room is unavailable. As a City facility, the City Council meetings take priority over any other events. However, there is potential for loss of revenue if not available for usage by other parties. Financial Impact City facility. No financial impact. Quote was not received due to room availability. $1,440/yr for a posted guard at the SBCTA elevators. This is required to restrict access to administrative offices. $24,000/yr for usage of the facility. The cost to the City is $1,000 per meeting. Special meetings would increase the annual cost. Cost associated with rental of the facility was not pursued due to room availability. City facility. No financial impact. Maximum Room Capacity 120 189 117 500 214 266 Public Seating 63 106 90 260 146 120 Closed Session Room Yes/Separate Floor Yes Yes/Separate Floor Yes Yes, closed session room is directly behind the Covington Chambers. The Mary Belle Kellogg room can be reconfigured to accommodate closed session. The room is located directly across from the Bing Wong Auditorium. Council Chambers Location Alternatives Location Availability 22.b Packet Pg. 800 Attachment: CM.City Council Chambers.A1.Location Alternatives (5470 : Alternative Locations for City Audio/Visual Technology City staff can bring equipment. Therefore, there would be no cost incurred for this service. Information was not received due to room availability. City staff can bring equipment. Therefore, there would be no cost incurred for this service. City staff can bring equipment. Therefore, there would be no cost incurred for this service. City staff can bring equipment. Therefore, there would be no cost incurred for this service. City staff can bring equipment. Therefore, there would be no cost incurred for this service. Current Council Chambers IVDA Santa Fe Depot National Orange Show County of San Bernardino Feldheym Library 201 N. E Street, San Bernardino, CA 92401 1601 East Third Street, San Bernardino, CA 92401 1170 W. 3rd Street, San Bernardino, CA 92410 930 South Arrowhead, San Bernardino, CA 92415 385 N. Arrowhead Avenue, San Bernardino, CA 92415 555 West 5th Street, San Bernardino, CA 92410 Dias Seating Seats 8 at the dais. There are 10 identical seats at the elevated dais. Seats can be reduced to 8. The dais is not elevated. There are tables set up in a U shape There is a stage which can be converted using our own chairs and tables for each meeting. This would increase the need for staff resources. There is not enough seating at the Dias for Mayor and City Council. The dais accommodates five Councilmembers comfortably. Up to seven can be accommodated by using smaller chairs. There is a stage which can be converted using our own chairs and tables for each meeting. This would increase the need for staff resources. Staff Seating A total of 6 seats; 3 on each end of the dais. A total of 6 seats; 3 on each end of the dais. Ample staff seating around the U Shape set up. Staff can set up tables and chairs on the stage to accommodate staff. A total of 6 seats; 3 on each end of the dais. Parking Adequate parking to accommodate public. Adequate parking to accommodate public. Parking in the lot is limited until 6:00pm. Parking available Adequate parking to accommodate public. Parking near the facility is limited to one hour until 5 p.m. There are no restrictions in the large parking lot east of the County Government Center. Adequate parking to accommodate public. Proximity to current location-201 N. E Street Current location 3.0 Miles 1.4 Miles 2.1 Miles 0.5 Miles 0.4 Miles Council Chambers Location Alternatives PAGE 2 OF 2 Location 22.b Packet Pg. 801 Attachment: CM.City Council Chambers.A1.Location Alternatives (5470 : Alternative Locations for City Inland Valley Development Agency Room: Norton Regional Event Center Auditorium SBCTA Santa Fe Depot Room: Board Room 22.c Packet Pg. 802 Attachment: CM.City Council Chambers.A2.Photographs of Facilities (5470 : Alternative Locations for City Council Chambers) National Orange Show Room: The Backstretch The backend of the room opens to the bar area as illustrated below: 22.c Packet Pg. 803 Attachment: CM.City Council Chambers.A2.Photographs of Facilities (5470 : Alternative Locations for City Council Chambers) County of San Bernardino Room: Covington Chambers Feldheym Library Room: Bing S. Wong Lecture Hall 22.c Packet Pg. 804 Attachment: CM.City Council Chambers.A2.Photographs of Facilities (5470 : Alternative Locations for City Council Chambers) Quasi-Judicial Hearing City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Mark Persico, AICP, Community Development Director Subject: Adopt a Resolution Approving Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show Pursuant to San Bernardino Municipal Code Section 5.10.060(B) Recommendation Review, discuss, and take possible action on the request by the National Orange Show and Trans-High Corporation to issue Conditional Permit 18-01 for a Temporary Cannabis Event at the National Orange Show Events Center for the High Times Cannabis Cup on April 20, 2018 through April 22, 2018 pursuant to San Bernardino Municipal Code Section 5.10.060(B). Background On March 7, 2018, the Mayor and City Council adopted Ordinance MC-1464 adopting Chapter 5.10 of the San Bernardino Municipal Code (SBMC) related to the regulation of commercial cannabis activities. Discussion The City is in transition period regarding temporary cannabis events. Chapter 5.10, which is scheduled to go into effect on April 7, 2018, permits adult-use temporary cannabis events at the National Orange Show (NOS) with a Development Agreement. Development Agreements require significant time to negotiate and enact, including a public hearing before the Planning Commission and City Council. Until a Development Agreement is approved, the only method by which a temporary cannabis event can occur at the NOS is if the event is solely for medical cannabis under SBMC Section 5.10.060(B). Local approval is required before the State will issue a State license for the temporary cannabis event. The National Orange Show is a significant asset with a rich history dating back to the first citrus fair March 6 – 11, 1911. The property covers approximately 100 acres and is ideally located at the southeast edge of downtown. Tremendous potential exists to turn the property into a bigger asset within the City and within the region. Long term, City 23.a Packet Pg. 805 Attachment: CD.NOS Event.Report (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show) staff is engaging with the NOS to negotiate a Development Agreement, which will build upon the past NOS success and allow the City and NOS to work collaboratively together to bring clarity to the relationship and the authority under which the property operates. A Development Agreement is the best vehicle to outline in clear terms the vision of the NOS and how NOS will responsibility operate for the benefit of all parties. According to a 2015 Economic Impact Study of California Fairgrounds completed by the California Department of Food & Agriculture, Fairs & Exposition Branch in 2015, and provided to the City by the NOS, the NOS generated approximately $25,034,000 in spending activity, which created the equivalent of 234 jobs as a result of that spending, and the labor income generated by those additional jobs was approximately $8,211,000. Conditional Permit Event Request from NOS On March 27, 2018, the National Orange Show and Trans-High Corporation submitted a proposal to the City (Attachment 1) requesting approval for the High Times Cannabis Cup on April 20 – 22, 2018. Under Chapter 5.10, which will go into effect on April 7, 2018, the City may issue a Conditional Permit for a temporary cannabis event so long as the event is medical in nature. The Conditional Permit could serve as the foundation for a longer-term development agreement. Consideration and approval of this event may be one of the first steps in the process of building a relationship between the City and NOS as the annual cannabis event has been a significant event for the NOS since 2015. In the event that the Mayor and City Council would like to issue a conditional permit for this event, staff has prepared the attached draft resolution that contains recommended conditions of approval. One of the significant conditions of the permit is full cost recovery for the City, including public safety services. The Citizen’s Advisory Commission on cannabis issues discussed at length the need to ensure that the temporary cannabis events at the NOS fully reimburse the City for the costs of the events. City staff has had a very limited amount of time to develop cost estimates because the request was received only on March 27, 2018. The Police Department has estimated the cost of providing public safety and traffic control for the three day event to be approximately $79,000. Summary of key conditions of the permit are as follows: 1. Hours of operation: a. Friday and Saturday April 20 and 21, 2018, 11:30 am – midnight b. Sunday, April 22, 2018, 11:30 am to 9:00 pm 2. Applicant will guarantee full cost recovery of public safety services 3. Event fee: $7.50 surcharge per ticket payable to the City of San Bernardino 4. Submittal and approval of public safety plan 5. Submittal and approval of traffic control and management plan 6. Submittal and approval of site layout 7. Submittal of vendor list 23.a Packet Pg. 806 Attachment: CD.NOS Event.Report (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show) 8. State approval required five days in advance of event via permit 9. Event to be conducted as a medical cannabis event 10. Applicant to provide liability insurance naming City additionally insured 11. Applicant to indemnify the City of San Bernardino 12. No alcohol allowed at the event 13. 24-hour on-site security required from opening to closing of event 14. No construction or installation of tent between 8:00 pm and 7:00 am in days leading up to event 15. Event must comply with all County Fire Department requirements Fiscal Impacts The special event promoter will add a surcharge to ticket sales anticipated to cover the City’s direct cost of assuring public health and safety. Conclusion The City and National Orange Show have been working to build a strong relationship using this temporary cannabis event as a starting point; therefore, it is recommended that the Mayor and City Council review, discuss, and take possible action on the conditional permit. Attachments Attachment 1 NOS and High Times Proposal Attachment 2 Resolution – Approval of Conditional Permit No. 18-01 Ward(s): 3 Synopsis of Previous Council Actions: 23.a Packet Pg. 807 Attachment: CD.NOS Event.Report (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show) 23.b Packet Pg. 808 Attachment: CD.NOS Event.Atth 1 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL PERMIT 18-01 FOR A TEMPORARY CANNABIS EVENT AT THE NATIONAL ORANGE SHOW EVENTS CENTER BY THE TRANS-HIGH CORPORATION FOR APRIL 20, 2018 THROUGH APRIL 22, 2018 PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 5.10.060(B). WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No. MC-1464 establishing San Bernardino Municipal Code Chapter 5.10 authorizing commercial cannabis activities in the City of San Bernardino which will become effective on April 7, 2018; and WHEREAS, San Bernardino Municipal Code Section 5.10.060(b) authorizes the Mayor and City Council to issue a Conditional Permit for commercial cannabis activities authorized under Proposition 215 and the Medical Marijuana Program Act; and WHEREAS, a request for a Conditional Permit for a Temporary Cannabis Event for the dates of April 20, 2018 through April 22, 2018 was submitted by: Permit Applicant: Trans-High Corporation Property Owner(s): National Orange Show 689 S. E Street San Bernardino, CA 92408 Property Address: National Orange Show Events Center 689 S E St, San Bernardino, CA 92408 WHEREAS, Conditional Permit 18-01 is a request to allow a temporary cannabis event, known as the High Times Cannabis Cup, at the National Orange Show Events Center, which is a state designated fairground; and WHEREAS, the State requires local approval of a temporary cannabis event prior to the issuance of a State license. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. 23.c Packet Pg. 809 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council determine that the activity proposed by Conditional Permit 18-01 is categorically exempt as Normal Operations of Existing Facilities for Public Gatherings under 14 CCR Section 15323 because there is a history of the facility’s use for the same or similar purposes. SECTION 3. Notice of Determination. The Planning Division of the Community 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 the approval of this Resolution. SECTION 4. – Conditions of Approval. Conditional Permit 18-01 is hereby approved subject to the following Conditions of Approval: 1. This approval is to authorize a temporary cannabis event at the National Orange Show Events Center, located at 689 South E Street in the City of San Bernardino, California, for April 20, 2018 through April 22, 2018. THIS PERMIT EXPIRES AT 11 P.M. ON APRIL 22, 2018. 2. The Applicant shall pay to the City a Temporary Cannabis Event Fee (“Fee”) by delivering the Fee to the Office of the City Manager at 290 North “D” Street, 3rd Floor, San Bernardino, California, by 5:00 p.m. on May 10, 2018. The Fee shall be the greater of either: a. EIGHTY THOUSAND DOLLARS ($80,000); b. An amount equal to SEVEN DOLLARS AND FIFTY CENTS ($7.50) per ticket sold to the event; or c. The actual costs to the City attributable to the event. 3. The following shall be submitted to the City Manager, at 290 North “D” Street, 3rd Floor, San Bernardino, California, by 5:00 p.m. on April 12, 2018: a. Sufficient evidence, which sufficiency shall be determined by the City Manager, or her designee, of the legal right to occupy and to use the proposed property for the temporary cannabis event. In the event that the proposed property will be leased or used under some other agreement, the Applicant shall be required to provide a signed and notarized statement from the property owners that they have read this Conditional Permit 18-01 and consent to the temporary cannabis event described on the owner’s property. b. A detailed diagram of the physical layout of the temporary cannabis event. 23.c Packet Pg. 810 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. A list of all vendors and commercial participants, including their state license types and numbers, that will be providing onsite sales of cannabis and cannabis products at the temporary cannabis event. d. A traffic and parking plan for the temporary cannabis event. e. A public safety plan, including provisions for police services, onsite security personnel, fire prevention, and emergency medical services. f. The submittals made pursuant to this Condition will be reviewed by the City Manager, or her designee, and she shall either: approve, deny, or request modifications to the submittals. The submittals must be approved by the City Manager no later than 5:00 p.m. on April 18, 2018 or this Conditional Permit 18-01 shall be null and void and of no further effect. 4. The Applicant shall do each of the following: a. Verify the age and all necessary documentation of each attendee of the event to ensure that the attendee is not under the age of eighteen (18) years and that the attendee has a valid doctor's recommendation; and b. Verify the age and all necessary documentation of each employee or vendor participating in the event. A copy of a birth certificate, driver’s license, government issued identification card, passport or other proof that the employee or vendor is at least twenty-one (21) years of age must be on file with the Applicant; and c. Verify that each employee or vendor participating in the event has not been convicted, pled guilty or nolo contendere to the crimes listed in Business and Professions Code Section 26057(b)(4); and d. Comply with all Building, Fire Codes and Fire District standard requirements as determined by the San Bernardino County Fire Protection District and City of San Bernardino. e. Maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the temporary cannabis event, and all of its assets and liabilities. At any time upon reasonable request of the City Manager, or her designee, the Applicant shall file a sworn statement detailing the number of sales by the Applicant during the event, provided on a per-day basis. The statement shall also include gross sales for each day, and all applicable taxes paid or due to be paid, including, but not limited to, employee withholdings. At any time upon reasonable request of the City Manager, or her designee, the Applicant shall submit a financial audit of the Applicant’s operations conducted by an independent certified public accountant. At any time upon reasonable request of the City Manager, or her designee, the Applicant shall 23.c Packet Pg. 811 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provide copies of the last three (3) years of their local, state and federal tax returns so that the City may verify the information provided above. f. Maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the Applicant, and separately of all the officers, managers, employees, and agents currently employed or otherwise engaged by the Applicant. The register required by this Condition shall be provided to the City Manager, or her designee, upon a reasonable request. g. Maintain an inventory control and reporting system that accurately documents the amounts and descriptions of all cannabis and cannabis products present at the temporary cannabis event. h. Maintain records that identify the source of all cannabis and cannabis products, including the company name, location, license numbers etc. i. Implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the temporary cannabis event. Security personnel shall be on-site 24 hours a day during the period of April 20, 2018 through April 22, 2018. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services. j. Provide the City Manager, or her designee, the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. The Applicant shall notify the City Manager, or her designee, immediately of a change in the emergency contact. k. Identify a designated security representative/liaison to the Chief of Police, or his designee, who shall be reasonably available to meet with the Chief of Police, or his designee, regarding any security related measures or and operational issues. The commercial cannabis business shall notify the Chief of Police, or his designee, within twenty four (24) hours of a change in designated security representative/liaison. l. Pay all sales, use, business, employment and other applicable taxes, and all licenses, registration, and other fees required under federal, state and local law. The Applicant shall cooperate with City with respect to any reasonable request to audit the Applicant’s books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. m. The temporary cannabis event shall be in full conformance with the State and local regulations. 23.c Packet Pg. 812 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n. Each entrance to the temporary cannabis event shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis outside of the temporary cannabis event is prohibited. o. Ensure that odors from cannabis are not detectable off-site of the temporary cannabis event. 5. The Applicant shall be prohibited from the following: a. Advertise the temporary cannabis event utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising, anywhere in the State. This condition is not intended to place limitations on the ability of the applicant to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways. b. Advertise by having a person holding a sign and advertising the temporary cannabis event to passersby, whether such person is on the premises of the temporary cannabis event or elsewhere including, but not limited to, the public right-of-way. c. Employing or permitting a physician located at the temporary cannabis event during the hours that the temporary cannabis event is open to the public for the purpose of evaluating patients for the issuance of a cannabis recommendation or card. d. Selling, distributing, or transferring cannabis or cannabis products out of the State. e. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any the National Orange Show Events Center, or on any of the vehicles owned or used as part of the temporary cannabis event. f. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages to any person, including minors, on or about the property during the temporary cannabis event. No person shall cause or permit the sale of tobacco products to any person, including minors, on or about the property during the temporary cannabis event. 6. This Conditional Permit may be suspended or revoked by the City Manager, or her designee, for violation of these conditions, any local or State law and/or any rule, regulation, and/or standard adopted pursuant to Chapter 5.10 of the San Bernardino Municipal Code. The suspension or revocation of any State-issued temporary cannabis event license shall immediately suspend the ability of the Applicant to operate within the City of San Bernardino. 23.c Packet Pg. 813 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Prior to the temporary cannabis event the Applicant must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to such temporary cannabis event. 8. Non-transferrable. The Applicant shall not transfer ownership or control of this permit to another person unless and until the transferee obtains an amendment to this permit from the City Manager. Changes to the Applicant’s business structure or a substantial change in the ownership of the Applicant (changes that result in a change of more than 51% of the original ownership) must be approved in advance by the City Manager. The Applicant shall not change the form of business entity without approval in advance of the City Manager. 9. By April 12, 2018, and at all times this permit is valid, the Applicant shall maintain a valid City of San Bernardino business registration certificate. 10. Indemnification. a. For the purposes of this Condition, the term City shall include the City of San Bernardino, the City of San Bernardino Planning Commission, the Mayor and City Council, Community Development Director, City Manager, and/or any City of San Bernardino elected officials, appointed officials, agencies, departments, commissions, agents, officers, and/or employees. For the purposes of this Condition, the term Applicant shall include all parties applying for approval on the Conditional Permit 18-01, including but not limited to the owner or owners of the property or properties upon which the temporary cannabis event will be sited and the Applicant’(s) successor(s)-in-interest. b. Applicant shall defend (with legal counsel chosen by City), indemnify, and hold harmless the City from and against any and all claims, actions, losses, expenses, damages, demands, suits and/or proceedings of any kind brought by anyone challenging the validity and/or legality of the Conditional Permit 18- 01, the process followed, or any action taken to provide related environmental clearance under the California Environmental Quality Act (“CEQA”). Applicant shall further defend, indemnify, and hold harmless the City from and against any and all claims, actions, losses, expenses, damages, demands, suits and/or proceedings of any kind brought by anyone challenging the validity and/or legality of the Applicant’s temporary cannabis event that is the subject of the Conditional Permit 18-01. With respect to the City’s review and/or approval of the Conditional Permit 18-01, this obligation shall also extend to any effort to attack, set aside, void, or annul the approval of the Conditional Permit 18-01, including any contention that the Conditional Permit 18-01 or its approval is defective because a City ordinance, resolution, policy, standard, rule, regulation, or plan is not in compliance with local, State or federal law. With respects to acts or omissions of the Applicant, its agents, employees, or contractors, its obligation, hereunder, shall apply regardless of whether the City prepared, supplied, and/or approved plans and/or specifications. 23.c Packet Pg. 814 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Applicant shall defend (with legal counsel chosen by City), indemnify, and hold harmless the City from and against any and all liability whatsoever that relates in any way to the temporary cannabis event that is the subject of the Conditional Permit 18-01 and/or arising out of the acts or omissions of Applicant in the operation of the temporary cannabis event that is the subject of the Conditional Permit 18-01. d. Applicant shall pay all costs of defense, including but not limited to, attorneys’ fees and costs, City Staff time, and City Attorney time. The City may, in its unlimited discretion, participate in the defense of any such claim, action, or proceeding if the City defends the claim, action, or proceeding in good faith. The defense and indemnification of the City set forth herein shall remain in full force and effect throughout all states of litigation including appeals of any lower court judgments rendered in the proceeding. e. If any legal action or special proceeding related to the Conditional Permit 18- 01 is commenced by anyone for any reason, the City and Applicant agree to cooperate with each other in good faith to defend the City. f. The Applicant shall not settle any lawsuit on grounds which include, but are not limited to, non-monetary relief, without the consent of the City. 11. Applicant shall not begin any performance under this Conditional Permit 18-01 until it has (1) provided City insurance certificates and endorsements reflecting evidence of all insurance and endorsements required and described herein; (2) obtained City approval of each insurance company or companies; and (3) confirmed that all policies contain the special provisions required herein. Applicant’s liabilities, including but not limited to Applicant’s indemnity obligations, under this Conditional Permit 18-01, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Conditional Permit 18-01, and Applicant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Conditional Permit 18-01 shall be treated by City as justification for immediate revocation of this Conditional Permit 18-01. City reserves the right to require Applicant to submit copies of any policy upon reasonable request by City. a. All policies shall include, and the insurance certificates shall reflect, a 30-day non-cancellation clause that provides thirty (30) days written notice by certified mail to City prior to any material change or cancellation of any of said policies. b. Applicant shall not modify any policy or endorsement thereto which increases City's exposure to loss for the duration of this Conditional Permit 18-01. c. Applicant shall maintain insurance coverage at its own expense as follows: 23.c Packet Pg. 815 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Commercial General Liability. Commercial General Liability (CGL) insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all bodily injury, personal injury, advertising injury or property damage in the amount of $1 million per occurrence and subject to an annual aggregate of $2 million. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured claims or contractual liability. All defense costs shall be outside the limits of the policy. ii. Commercial Automobile Liability. For all of Applicant’s automobiles including owned, hired and non-owned automobiles, Applicant shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1 million per occurrence. The insurance certificate shall reflect coverage for any automobile (any auto). iii. Workers' Compensation. For all of Applicant 's employees who are subject to this Conditional Permit 18-01 and to the extent required by the applicable state or federal law, Applicant shall keep in full force and effect, a Workers’ Compensation policy. That policy shall provide a minimum of $1 million of employer’s liability coverage, and Applicant shall provide an endorsement that the insurer waives the right of subrogation against City and its respective elected officials, officers, employees, agents, and representatives. d. Deductibles. All deductibles or retentions on any policy shall be the sole responsibility of Applicant and shall be disclosed to City at the time the evidence of insurance is provided. e. Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Conditional Permit 18-01, shall only be carried by insurance companies with a current rating of at least “A-, VI” by A.M. Best Company that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by City. f. City will accept insurance provided by non-admitted, “surplus lines” carriers only if the carrier is authorized to do business in the State of California and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein. g. Required Endorsements. The following endorsements to the policies of insurance are required to be provided to City before April 12, 2018: 23.c Packet Pg. 816 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Commercial General Liability Insurance Endorsements. 1. Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by you or on your behalf, (b) your products, (c) your work, including but not limited to your completed operations performed by you or on your behalf, or (d) premises owned, leased, controlled or used by you. 2. Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Applicant’s insurance and shall not contribute to it. 3. Severability of Interest. The policy or policies must be endorsed to provide that Applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. ii. Automobile Liability Insurance Endorsements. 1. Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Applicant. 2. Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Automobile Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives 23.c Packet Pg. 817 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be in excess of Applicant’s insurance and shall not contribute to it. 3. Severability of Interest. The policy or policies must be endorsed to provide that Applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. iii. Worker’s Compensation Insurance Endorsements. 1. Waiver of Subrogation. The Worker’s Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against City of San Bernardino, its elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for City. 2. Reservation of Rights. City reserves the right, from time to time, to review Applicant’s insurance coverage, limits, deductible, and self-insured retentions to determine if they are acceptable to City. City will reimburse Applicant for the cost of the additional premium for any coverage requested by City in excess of that required by this Agreement, without overhead, profit, or any other markup. h. Additional Insurance. Applicant may obtain additional insurance not required by this Agreement. i. Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements. 12. Event-related construction activities preparing for the temporary cannabis may not occur between the hours of 8:00 p.m. and 7:00 a.m. No construction vehicles, equipment, or employees may be delivered to, or arrive at the event location before 7:00 a.m. or leave the site after 8:00 p.m. 13. The temporary cannabis event may only be open to the public on April 20, 2018 and April 21, 2018 between the hours of 11:30 a.m. through midnight and on April 22, 2018 between the hours of 11:30 a.m. to 9:00 p.m. 14. Minor modification to the plans and lists submitted shall be subject to approval by the City Manager. Any modification that exceeds 10% of original plans or lists shall not be permitted. 23.c Packet Pg. 818 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department and the City Clerk’s Office/Business Registration Division. 16. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 17. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. SECTION 8. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// /// /// 23.c Packet Pg. 819 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL PERMIT 18-01 FOR A TEMPORARY CANNABIS EVENT AT THE NATIONAL ORANGE SHOW EVENTS CENTER BY THE TRANS-HIGH CORPORATION FOR APRIL 20, 2018 THROUGH APRIL 22, 2018 PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 5.10.060(B). I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ___________meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ________________________________ 23.c Packet Pg. 820 Attachment: CD.NOS.A2.Resol - Conditional Permit 18-01 (5471 : Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Quasi-Judicial Hearing City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Jolena Grider, Chief Assistant City Attorney Subject: Continue Public Hearing - Appeal of Pepe’s Towing Recommendation By mutual agreement of the parties, continue to April 18, 2018. Background At the Mayor and City Council meeting on March 7, 2018, the motion was approved to continue the hearing to March 21, 2018. Although the intent was to continue the item again until April 4, 2018, the item was inadvertently left off of the agenda. Discussion Pepe’s Towing filed an appeal to the Mayor and City Council under San Bernardino Municipal Code Section 2.64.050 on November 10, 2017 and filed an amended appeal on November 27, 2017. Fiscal Impact None. Conclusion It is recommended that the Mayor and City Council continue the Public Hearing to April 18, 2018. Attachments None. 24.a Packet Pg. 821 Attachment: Attorney.Appeal of Pepes Tow.report cont item to 4-18-18 (5472 : Continue Public Hearing - Appeal of Pepe's Towing) Quasi-Judicial Hearing City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Mark Persico, Community Development Director Oliver Mujica, Planning Division Manager Subject: Continue Public Hearing – Appeal 18-01 of Conditional Use Permit 17-22 – Drive Through Restaurant – 2855 Waterman Avenue Recommendation By mutual agreement of the parties, continue to May 2, 2018. Background On February 20, 2018, the Planning Commission adopted Resolution No. 2018 -009 approving Conditional Use Permit 17-22 based on the Findings of Fact and subject to the recommended Conditions of Approval. Subsequently, on February 28, 2018, an appeal was filed. The specific grounds for the appeal are, as follows: 1. The Planning Commission did not give adequate weight to the badly congested traffic conditions along Waterman Avenue and resulting safety hazards to drivers and residents. 2. Waterman Avenue is not only a heavily travelled north-south route for San Bernardino, but also the key gateway for commuters to our mountain communities. 3. Presently, and especially during rush hour, Waterman Avenue traffic in vicinity is at a standstill – LOS “F.” 4. A “drive thru” would encourage south bound traffic to cross congested north bound lanes. 5. Many drivers exiting the “drive thru” would choose to avoid Waterman Avenue and travel east bound on quiet residential streets, i.e., E. 29th Street and E. Country Club Lane. Resulting in increased traffic and safety conditions on these quiet residential streets. 25.a Packet Pg. 822 Attachment: CD.Appeal 18-01.continue public hearing.report (5473 : Continue Public Hearing - Appeal 18-01 of Conditional Use Permit 17-22 - Discussion At the request of the City, the applicant and the appellant have agreed to continue the appeal hearing to May 2, 2018. Fiscal Impact None. Conclusion It is recommended that the Mayor and City Council continue the Public Hearing to May 2, 2018. Attachments None. 25.a Packet Pg. 823 Attachment: CD.Appeal 18-01.continue public hearing.report (5473 : Continue Public Hearing - Appeal 18-01 of Conditional Use Permit 17-22 - Quasi-Judicial Hearing City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Mark Persico, AICP, Community Development Director Oliver Mujica, Planning Division Manager Chantal Power, Associate Planner Subject: General Plan Amendment 18-01, Subdivision 18-01, Conditional Use Permit 18-01, and Finding of Public Convenience or Necessity Letter 18-01 Recommendation Introduce for first reading, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving General Plan Amendment 18-01 to allow the reclassification of the General Plan Circulation Element street designation of Shandin Hills Drive from a Local Street to a Secondary Arterial; and Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving Subdivision 18-01, Conditional Use Permit 18-01, a request to allow a service station and convenience store with a Type-20 (Off-sale Beer and W ine) ABC License, a restaurant with drive- thru, and a sit down restaurant, and finding of Public Convenience or Necessity Letter 18-01 on a site of approximately 3.5 acres located at the southwest corner of Kendall Drive and Shandin Hills Drive within the Commercial General (CG -1) Zone and Transit District (TD) Overlay. Background On March 13, 2018, the Planning Commission adopted Resolution No. 2018-020 forwarding a recommendation that the Mayor and City Council: 1) Adopt a Categorical Exemptions; and 2) Approve General Plan Amendment 18-01, Subdivision 18-01, Conditional Use Permit 18-01, Findings of Public Convenience or Necessity Letter 18-01 based upon the Findings of Fact and subject to the recommended Conditions of Approval. 26.a Packet Pg. 824 Attachment: CD.Shandin Hills GPA18-01.Report (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Discussion The proposed project involves the construction of a commercial center including three uses, in three separate buildings: a gasoline station with a 3,128 square foot convenience store selling beer and wine, a drive-thru coffee shop totaling 2,325 square feet, and a sit-down restaurant of 6,090 square feet. The site is current vacant and has a total area of 3.5 acres. Shandin Hills Drive is currently a very wide street but it is designated as a “Local Street” in the General Plan. The proposed General Plan Amendment will change the designation of Shandin Hills Drive in the General Plan Circulation Element from a Local Street to a Secondary Street. There are no physical changes proposed to the street, except for the construction of access driveways of the commercial center. An aerial map and the proposed plans are included in the report (Attachment 4). Project Description Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.66 (Subdivisions), and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of General Plan Amendment 18-01, Subdivision 18-01, Conditional Use Permit 18-01 and Public Convenience or Letter 18-01 which proposes to allow: 1) The reclassification of the General Plan Circulation Element street designation of Shandin Hills Drive from a Local Street to a Secondary Arterial; and, 2) The adjustment of the internal property lines of the three (3) existing parcels for recordation as a Parcel Map; and, 3) The development, establishment and operation of a commercial center in three (3) phases including (Phase 1) a service station with six (6) pump islands, convenience store containing approximately 3,128 square feet with an Type -20 (Off-Sale Beer and Wine) ABC License, (Phase 2) a restaurant with drive -thru containing approximately 2,325 square feet, and (Phase 3) a restaurant containing approximately 6,088 square feet. Analysis: General Plan Amendment 18-01 – Street Reclassification The General Plan Amendment will modify the Circulation Element of the General Plan to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial in order to allow the development of the proposed service station. The Development Code §19.06.030 (2)(T) requires that service stations can only be built on intersections of major and secondary arterials. The site meets all of the other Development Code requirements for service stations. Although Shandin Hills Drive is classified as a Local Street by the City’s General Plan Circulation Element, it was constructed to meet the standards of a Secondary Arterial, so the reclassification will still be consistent with the General Plan Classification of Streets. Local Streets are defined as roadways that are typically two -lane streets that are designed to serve neighborhoods within residential areas. Secondary Arterials are 26.a Packet Pg. 825 Attachment: CD.Shandin Hills GPA18-01.Report (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and defined as roadways that are typically four-lane streets, providing two lanes in each direction, which carry traffic along perimeters of major developments, provide support to the major arterials, and are also through streets enabling traffic uninterrupted for lon ger distances through the City. Shandin Hills Drive is a four-lane street with two lanes in each direction and a middle turn lane that extends well beyond the length of the proposed project site, and provides access to Kendall Drive. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Keep traffic in balance with roadway capacity by requiring traffic studies to identify to identify local roadway and intersection improvements necessary to mitigate the traffic impacts of new developments and land use changes; Promote the principle that streets have multiple uses and users, and protect the safety of all users; Require that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands and mitigate its impacts. The proposed amendment to the General Plan Circulation Element does not require any construction to the existing roadway, but will reclassify the street to reflect the existing and proposed activities at the intersection in question and the physical character of the existing street is consistent with the requested reclassification. A Traffic Study was conducted in connection with the proposed project and approved by the City’s Traffic Engineer. The existing conditions of Shandin Hills Drive are more than adequate to meet the demand for traffic circulation that will be generated by the proposed project and the reclassification of the street will have no adverse impacts on the site or surrounding area. Finally, the City’s Public Works Department fully supports the approval of General Plan Amendment 18 -01 to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial. California Environmental Quality Act Process In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed General Plan Amendment 18-01 and concluded that General Plan Amendment 18-01 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA due to the fact that this 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, and where it can be seen with certainty 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. There are no potentially significant environmental impacts that may result from the proposed General Plan Amendment. Additionally, a Traffic Study was prepared for the proposed project and approved by the City’s Traffic Engineer, and the City’s Public Works Department fully supports the approval of General Plan Amendment 18-01 to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial. 26.a Packet Pg. 826 Attachment: CD.Shandin Hills GPA18-01.Report (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Analysis: Subdivision 18-01, Conditional Use Permit 18-01, and Finding of Public Convenience or Necessity Letter 18-01 Site Design The site will be constructed in three (3) phases, and each site has been individually developed to meet all of the City’s Development Code and General Plan requirements, but all of the access points for the development will be constructed during Phase I of the development and reciprocal access will be maintained to the subsequent phases. Phase I proposes the construction of the service station pump islands, and convenience store with three (3) full access driveways, one (1) on Kendall Drive, and two (2) on Shandin Hills Drive. Phase II proposes the construction of a drive-thru restaurant with outdoor seating designed to connect with the pedestrian access point along Kendall Drive. Phase III proposes the construction of a family style sit down restaurant. The parking along the rear elevation of the restaurant will be gated and locked to prevent nuisance activities after the restaurant has closed for the night. The trash enclosure has been moved from the originally proposed location, to an area farther from the adjacent residences, which will keep refuse trucks as far from those residents as possible. Landscaping The landscaping for the proposed project has been enhanced to add pedestrian friendly features in order to gain additional connectivity to the site and the surrounding residential neighborhoods and enrich the transit oriented nature of the site, which is situated across the street from two (2) SBx Rapid Transit bus stops. Primary pedestrian access points are proposed in strategic locations for each use proposed in connection with this development project. The landscaping will be drought tolerant, more open and inviting near pedestrian access points, and denser along the rear portion of the project site adjacent to the existing residential developments to create a natural defense and buffer zone. Fast growing, thorny pyracantha will be planted in this area to deter loitering and vandalism. Architecture The architectural design is a modern and stylish with varied rooflines and projections incorporated into the facade, varying paint and façade material schemes to create visual interest on each structure and between the center as a whole. Alcohol License The subject site is located within Census Tract 46.03, where ABC license concentration standards allow for a maximum of three (3) off -sale licenses. There are a currently four (4) active off-sale licenses within the census tract, but the ABC License reques t will not increase that number as the license will be transferred from the existing 7 -Eleven convenience store located at 1395 W Kendall Drive within the same census tract. The Police Department reviewed the application for the Type 20 License and conduc ted an investigation based on the information provided and crime statistics in the surrounding area. Based off of their analysis, the Police Department recommended 26.a Packet Pg. 827 Attachment: CD.Shandin Hills GPA18-01.Report (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and approval of the ABC Type 20 License subject to the Conditions of Approval contained in Resolution No. 2018-020. Based on the conditional support offered by the Police Department, staff recommends approval of an ABC Type 20 License for the proposed convenience store. The Planning Division staff recognizes the concerns previously expressed by the Planning Commission, and the Police Department regarding off -sale ABC License applications. Staff has also heard the concerns expressed by national retail chains wishing to remain competitive in their markets, and generate tax revenue and jobs within the C ity. In an effort to balance these concerns, Planning Division staff reviews each ABC License application with careful consideration. Additionally, the project is inspected by Planning Division staff every six months during the first two years of operation to ensure compliance with the Conditions of Approval. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Encourage future development to provide public spaces that foster social interaction; Create and enhance dynamic, recognizable places for San Bernardino’s residents, employees, and visitors; Commercial center, open spaces, educational facilities, and recreational facilities should be linked to residential neighborhoods; Improvements shall be made to transportation corridors that promote physical connectivity and reflect consistently high aesthetic values; Promote development that integrates with and minimizes impacts on surrounding land uses; Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element; Encourage architectural detailing, which includes richly articulated surfaces and varied façade treatment, rather than plain or blank walls; The proposed project implements the above General Plan goals and policies in that the proposed development has been specifically designed to encourage connectivity and pedestrian as well as vehicular access to the site. The project is located within the Transit District (TD) Overlay, but the development standards of the TD Overlay are somewhat contradictory to the design requirements for vehicle oriented uses, specifically the placement and orientation of the structures and drive -thru lanes. In order to meet the goals and intentions of these types of uses, the landscaping a pedestrian access points have been enhanced in a way that promotes the pedestrian friendly connectivity requirements of the TD Overlay, while maintaining the unique requirements of the service station and drive-thru restaurant. 26.a Packet Pg. 828 Attachment: CD.Shandin Hills GPA18-01.Report (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and California Environmental Quality Act Process In accordance with §15060 of the California Environmental Quality Act (CEQA), t he Planning Division conducted an environmental evaluation in connection with proposed Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 and concluded that Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 is found to be exempt under §15332 (Infill Development) of CEQA due to the fact that: 1) with the approval of General Plan Amendment 18-01, the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable Zoning District and regulations; 2) the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) Conditions of Approval will be imposed to alleviate potential impacts; and, 5) there are no potentially significant effects relating to traffic, noise, air quality, or water qu ality that may result from the proposed construction of a service station with a convenience store, a drive thru restaurant, and a sit down restaurant. Fiscal Impacts The project will pay all necessary building plan check, building permit, and development impact fees. Once developed, it will generate an unknown amount of sales tax. Conclusion Approval of this project will increase economic activity in the Kendall/40 th Street neighborhood and increase commercial opportunities for the area. The Planning Commission conducted a public hearing on March 13, 2018, and determined that: 1. The Categorical Exemptions for General Plan Amendment 18-01, Subdivision 18- 01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18 - 01 have been prepared in compliance with CEQA; and 2. General Plan Amendment 18-01, Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 are consistent with the San Bernardino General Plan and Development Code and meet all Findings of Fact required for approval. Attachments Attachment 1 Ordinance (General Plan Amendment 18-01) Attachment 2 Resolution (Subdivision 18-01, Conditional Use Permit 18-01, and Findings of Public Convenience or Necessity Letter 18-01) Attachment 3 Planning Commission Staff Report and Resolution Attachment 4 Aerial Map, Site Plan, Landscape Plan and Architectural Plans Ward: 5 Synopsis of Previous Council Actions: None 26.a Packet Pg. 829 Attachment: CD.Shandin Hills GPA18-01.Report (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING GENERAL PLAN AMENDMENT 18-01 TO ALLOW THE RECLASSIFICATION OF THE GENERAL PLAN CIRCULATION ELEMENT STREET DESIGNATION OF SHANDIN HILLS DRIVE FROM A LOCAL STREET TO A SECONDARY ARTERIAL WHEREAS, the current City of San Bernardino General Plan was initially implemented in 2005; and WHEREAS, on March 13, 2018, 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 2018-020 recommending the adoption of the Categorical Exemption, and the approval of General Plan Amendment 18-01 to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's consideration of the proposed Ordinance was published in The Sun newspaper on March 20, 2018. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – General Plan Amendment 18-01: Finding No. 1: The proposed amendment is internally consistent with the General Plan. Finding of Fact: General Plan Circulation Element Policy 6.2.3 - Keep traffic in balance with roadway capacity by requiring traffic studies to identify to identify local roadway and intersection improvements necessary to mitigate the traffic impacts of new developments and land use changes; General Plan Circulation Element Policy 6.3.1 - Promote the principle that streets have multiple uses and users, and protect the safety of all users; General Plan Land Use Policy 2.7.5 - Require that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands and mitigate its impacts. The proposed amendment to the General Plan Circulation Element does not require any construction to the existing roadway, but will reclassify the street to reflect the existing and proposed activities at the 26.b Packet Pg. 830 Attachment: CD.Shandin Hills GPA18-01.A1. Ordinance (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 intersection in question and the physical character of the existing street is consistent with the requested reclassification. A Traffic Study was conducted in connection with the proposed project and approved by the City’s Traffic Engineer. The existing conditions of Shandin Hills Drive are more than adequate to meet the demand for traffic circulation that will be generated by the proposed project and the reclassification of the street will have no adverse impacts on the site or surrounding area. 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: Any potential impacts created by the proposed amendment have been addressed in the Conditions of Approval and will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding No. 3 The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment will not make any changes to the existing land uses and will not detract from the appropriate balance of land uses within the City. Finding No. 4 The subject parcels are physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development Finding of Fact: The project site is currently consists of three (3) parcels containing a total of approximately 3.50 acres that will have direct access at two (2) locations along Shandin Hills Drive and one (1) location along Kendall Drive. The site is adjacent to a mix of existing commercial and residential use already served by the full range of required utilities. The site is sufficient in size to meet parking, loading and landscaping requirements and there are no physical constraints on the site, such as steep slopes or watercourses. SECTION 3. Compliance with the California Environmental Quality Act. In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed General Plan Amendment 18-01 and concluded that General Plan Amendment 18-01 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA due to the fact that this 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, and where it can be seen with certainty 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. There are no potentially significant environmental impacts that may result from the proposed General Plan Amendment to allow for the reclassification of an 26.b Packet Pg. 831 Attachment: CD.Shandin Hills GPA18-01.A1. Ordinance (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 existing street from a Local Street to a Secondary Arterial because the existing street was constructed to meet the standards of a Secondary Arterial. Additionally, a Traffic Study was prepared for the proposed project and approved by the City’s Traffic Engineer, and the City’s Public Works Department fully supports the approval of General Plan Amendment 18-01 to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial. SECTION 4. General Plan Amendment 18-01 amending the City of San Bernardino General Plan Circulation Element to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial (EXHIBIT A), is hereby approved and incorporated herein by reference. SECTION 5. Notice of Exemption: The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// 26.b Packet Pg. 832 Attachment: CD.Shandin Hills GPA18-01.A1. Ordinance (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING GENERAL PLAN AMENDMENT 18-01 TO ALLOW THE RECLASSIFICATION OF THE GENERAL PLAN CIRCULATION ELEMENT STREET DESIGNATION OF SHANDIN HILLS DRIVE FROM A LOCAL STREET TO A SECONDARY ARTERIAL I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby adopted this _____day of ________, 2018. ________________________________ R. Carey Davis, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By:___________________________________ 26.b Packet Pg. 833 Attachment: CD.Shandin Hills GPA18-01.A1. Ordinance (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A MAP OF SHANDIN HILLS DRIVE 26.b Packet Pg. 834 Attachment: CD.Shandin Hills GPA18-01.A1. Ordinance (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 26.c Packet Pg. 835 Attachment: CD.Shandin Hills GPA18-01.A1.Exh A (5474 : General Plan Amendment 18-01. Subdivision 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING SUBDIVISION 18-01, CONDITIONAL USE PERMIT 18-01, A REQUEST TO ALLOW A SERVICE STATION AND CONVENIENCE STORE WITH A TYPE 20 (OFF-SALE BEER & WINE) ABC LICENSE, A DRIVE-THRU RESTAURANT, AND A SIT DOWN RESTAURANT, AND FINDING OF PUBLIC CONVENIENCE OR NECESSITY LETTER 18-01 ON A SITE OF APPROXIMATELY 3.5 ACRES LOCATED ON THE SOUTHWEST CORNER OF KENDALL DRIVE AND SHANDIN HILLS DRIVE WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE AND TRANSIT DISTRICT (TD) OVERLAY. WHEREAS, on January 4, 2018, pursuant to the requirements of §19.66 (Subdivision Maps), and §19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, an application for General Plan Amendment 18-01, Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 was duly submitted by: Property Owner: Stater Bros. Markets P.O. Box 150 Colton, CA 92324 Project Applicant: ICO Real Estate Group, Inc. 4221 Wilshire Blvd. Suite 380 Los Angeles, CA 90010 Property Address: Southwest corner of Kendall Drive and Shandin Hills Drive APN(S): 0266-521-17, 18, and 19 WHEREAS, Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 is a request to adjust the internal property lines of the existing parcels for recordation as a parcel map, and allow the development, establishment and operation includes a service station with six (6) pump islands, convenience store containing approximately 3,128 square feet with an Type-20 (Off-Sale Beer and Wine) ABC License, a restaurant with drive-thru containing approximately 2,325 square feet, and a restaurant containing approximately 6,088 square feet on a site containing a total of approximately 0.32 acres; and WHEREAS, pursuant to requirements of §15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department evaluated Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01; and for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on February 14, 2018, pursuant to the requirements of §19.44 of the City of San Bernardino Development Code, the Development and Environmental Review 26.d Packet Pg. 836 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Committee reviewed the application and moved Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 to the Planning Commission for consideration; and WHEREAS, on March 3, 2018, pursuant to the requirements §19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners within 500 feet of the subject property of the holding of a public hearing at which the Categorical Exemption and Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 would be considered; and; and WHEREAS, on March 13, 2018, pursuant to the requirements of §19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Categorical Exemption and Subdivision 18-01, Conditional Use Permit 18- 01, and Public Convenience or Necessity Letter 18-01 and at which meeting the Planning Commission considered the Categorical Exemption and Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-020 recommending to the Mayor and City Council the adoption of the Categorical Exemption, and the approval of Subdivision 18-01, Conditional Use Permit 18- 01, and Public Convenience or Necessity Letter 18-01; and WHEREAS, notice of the April 4, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on March 20, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), Chapter 19.66 (Subdivision Maps), and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact – Subdivision 18-01. Finding No. 1: The proposed map is consistent with the General Plan. 26.d Packet Pg. 837 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: The proposed subdivision will adjust the internal property lines of the existing parcels in order to better serve the specific structures and uses that will be established on each parcel, but the changes to the parcels lines are still consistent with General Plan goals and Policies and the relevant provisions of the Development Code. Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact: The subdivision proposes only minor adjustments to the existing parcel lines, but meets the minimum lot size requirements of the Development Code and will therefore be consistent with the General Plan. Finding No. 3: The site is physically suitable for the type of development. Finding of Fact: Each parcel has been designed to not only meet, but exceed the provisions of the Development Code in regard to the minimum lot size requirements for the proposed uses. Finding No. 4: The site is physically suitable for the proposed density of development. Finding of Fact: Each parcel has been designed to not only meet, but exceed the provisions of the Development Code in regard to the minimum lot size requirements for the proposed uses. Finding No. 5: The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Finding of Fact: The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project is exempt from CEQA review and no sensitive or protected species have been identified on the site. No significant negative impacts on the environment are anticipated to result from development of the site. Finding No. 6: The design of the subdivision or type of improvements will not cause serious public health problems. Finding of Fact: The design of the proposed subdivision meets all of the applicable Development Code requirements and will not result in any serious public health problems. The proposed parcel will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. 26.d Packet Pg. 838 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Finding of Fact: The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 3. Findings of Fact – Conditional Use Permit 18-01 and Public Convenience or Necessity Letter 18-01: Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code Finding of Fact: The proposed development of a service station, convenience store, drive-thru restaurant, and sit down restaurant is a permitted use within the proposed Commercial General (CG-1) Zone and Transit District (TD) Overlay, subject to the approval of a Conditional Use Permit with the appropriate Conditions of Approval. The proposal under Conditional Use Permit 18-01 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: General Plan Land Use Element Policy 2.1.3 – Encourage future development to provide public spaces that foster social interaction. 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 Policy 2.2.1 - Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Policy 2.3.1 - Commercial center, open spaces, educational facilities, and recreational facilities should be linked to residential neighborhoods. General Plan Land Use Element Policy 2.3.7 - Improvements shall be made to transportation corridors that promote physical connectivity and reflect consistently high aesthetic values. 26.d Packet Pg. 839 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Plan Community Design Element Policy 5.7.6 - Encourage architectural detailing, which includes richly articulated surfaces and varied façade treatment, rather than plain or blank walls. The proposed project implements the above General Plan goals and policies in that the proposed development has been specifically designed to encourage connectivity and pedestrian as well as vehicular access to the site. The project is located in the Transit District (TD) Overlay, but the development standards of the TD Overlay are somewhat contradictory to the design requirements for vehicle oriented uses, specifically the placement and orientation of the structures and drive-thru lanes. In order to meet the goals and intentions of these types of uses, the landscaping a pedestrian access points have been enhanced in a way that promotes the pedestrian friendly connectivity requirements of the TD Overlay, while maintaining the unique requirements of the service station and drive-thru restaurant. Finding No. 3: The approval of the Conditional Use Permit or Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Finding of Fact: The proposed development of a service station, convenience store, drive-thru restaurant, and sit down restaurant will be harmonious and compatible with existing and future developments within the proposed Commercial General (CG-1) Zone and the Transit District (TD) Overlay. The surrounding area consists of a mixture of residential and commercial uses. Appropriate Conditions of Approval have been imposed on the proposed development to ensure that the existing residential neighborhoods will not be negatively impacted by the development of the proposed service station, convenience store, drive- thru restaurant, and sit down restaurant. The scale and density of the proposed development conforms to the development standards of the Commercial General (CG-1) Zone and Transit District (TD) Overlay. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed project. Finding No. 4: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 and concluded that Subdivision 18-01, Conditional Use Permit 18-01, and 26.d Packet Pg. 840 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Public Convenience or Necessity Letter 18-01 is found to be exempt under §15332 (Infill Development) of CEQA due to the fact that: 1) the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable Zoning District and regulations; 2) the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) Conditions of Approval will be imposed to alleviate potential impacts; and, 5) there are no potentially significant effects relating to traffic, noise, air quality, or water quality that may result from the proposed construction of a service station with a convenience store, a drive thru restaurant, and a sit down restaurant. Finding No. 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed development consists of uses that are conditionally permitted within the Commercial General (CG-1) Zone and Transit District (TD) Overlay. A Traffic Study was prepared in connection with the proposed development, and approved by the City’s Traffic Engineer. Additionally, appropriate Conditions of Approval have will be imposed to alleviate any potential impacts. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed service station, convenience store, drive-thru restaurant, and sit down restaurant along with the required on-site and off-site improvements is permitted within the proposed Commercial General (CG-1) Zone and Transit District (TD) Overlay, subject to the approval of a General Plan Amendment, Subdivision, Conditional Use Permit, and Public Convenience or Necessity Letter with the appropriate Conditions of Approval and CEQA determination. The subject site as a commercial development is sufficient in size to accommodate the proposal under Conditional Use Permit 18-01 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. 26.d Packet Pg. 841 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed service station, convenience store, drive-thru restaurant, and sit down restaurant along with the construction of the required on-site and off-site improvements. The existing site is located on parcels already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed development under Conditional Use Permit 18-01 will not be detrimental to public services or public health and safety. Finding No. 8 Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4(b) (2)), if the activity will be located in an area that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Finding of Fact: The subject site is located within Census Tract 46.03, where ABC license concentration standards allow for a maximum of three (3) off- sale licenses. There are a currently four (4) active off-sale license within the census tract, but the ABC License request will not increase that number as the license will be transferred from the existing 7- Eleven convenience store located at 1395 W Kendall Drive within the same census tract. The Police Department reviewed the application for the Type 20 License and conducted an investigation based on the information provided and crime statistics in the surrounding area. Based off of their analysis, the Police Department recommended approval of the ABC Type 20 License subject to the Conditions of Approval. SECTION 4. Compliance with the California Environmental Quality Act. In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 and concluded that Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 is found to be exempt under §15332 (Infill Development) of CEQA due to the fact that: 1) the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable Zoning District and regulations; 2) the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) Conditions of Approval will be imposed to alleviate potential impacts; and, 5) there are no potentially significant effects relating to traffic, noise, air quality, or water quality that may result from the proposed construction of a service station with a convenience store, a drive thru restaurant, and a sit down restaurant. 26.d Packet Pg. 842 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. Notice of Exemption. The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. – Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01, as approved by Ordinance, is incorporated herein by reference. SECTION 7. – Conditions of Approval. Subdivision 18-01, Conditional Use Permit 18- 01, and Public Convenience or Necessity Letter 18-01 is hereby approved subject to the following Conditions of Approval: 1. This approval is to allow the development, establishment and operation of a commercial center, along with the construction of the required on-site and off-site improvements, on a site comprised of three (3) parcels containing a total of approximately 3.50 acres. The proposed project will be constructed in three (3) phases, as follows: Phase 1 includes a service station with six (6) pump islands, convenience store containing approximately 3,128 square feet with an Type-20 (Off-Sale Beer and Wine) ABC License; Phase 2 includes a restaurant with drive-thru containing approximately 2,325 square feet; and, Phase 3 includes a restaurant containing approximately 6,088 square feet. The project site is located on the southwest corner of Kendall Drive and Shandin Hills Drive (APNs: 0266-521-17, 18, and 19) within the Commercial General (CG-1) Zone and Transit District (TD) Overlay. 2. The project site shall be developed and maintained in accordance with the plans stamped March 13, 2018 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plans, exterior elevations, and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: April 4, 2020 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 26.d Packet Pg. 843 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 6. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 7. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 8. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code 19.28.120, Water Efficient Landscaping Standards, and to maintain a pedestrian friendly access to the site. 9. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 10. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department and the City Clerk’s Office/Business Registration Division. 11. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 12. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 26.d Packet Pg. 844 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 14. All exterior lighting shall be contained within property lines and energy efficient with the option to lower or reduce usage when the facility is closed. 15. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 16. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. 17. Every six (6) months, over a period of two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee, for reconsideration by the Planning Commission. Police Department Conditions 18. Adequate Lighting. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working order and shall remain on during darkness anytime the establishment is open. 19. Capacity. The venue capacity established for the premises by the San Bernardino County Fire Department shall not be exceeded at any time. 20. Complaints. A “complaint response community relations” program will be established and maintained by the owner. This program will include the following: a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department. b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment. c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment. 26.d Packet Pg. 845 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter. 22. Drug Paraphernalia: The sale of drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. “Drug Paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 23. Exterior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: “No Loitering,” “No Drinking,” “No panhandling or soliciting,” and “It is illegal to possess an open container of alcohol in the vicinity of this establishment.” 24. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010. 25. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours. 26. Information to Police Department. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official. 27. Interior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age.” 28. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible 26.d Packet Pg. 846 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas. 29. Loitering. The establishment’s owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to leave the area and contact the Police Department for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 30. Noise. No music or other noise originating from the premises may extend beyond the property boundaries of the establishment. 31. Posting. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 32. Prohibited Vegetation. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place. 33. Public Phones. If public telephones are installed on the premises, they shall be installed in well-lighted locations and programmed for outgoing calls only. 34. Window Obstructions. No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and obstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 35. Hours of Operation. Although the convenience store will be open 24 hours per day, seven days per week, the sale of alcohol shall be permitted only between the hours of 6:00 a.m. and 2:00 a.m. daily. 36. Mitigating Alcohol-Related Problems. Whenever alcohol is sold, furnished, or consumed on the premises, the establishment shall be required to mitigate alcohol-related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed: a. No alcohol sales are permitted inside or outside the premises without a license issued by the California Department of Alcoholic Beverage Control. b. No alcohol will be sold or furnished to minors (anyone under the age of 21). c. No alcohol may be sold at any time to any patron appearing to be intoxicated. 26.d Packet Pg. 847 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. No wine sales shall be permitted in bottle or containers of less than 750 milliliters, unless sold in manufacturer multi-packs of no less than 4 pack quantities. e. No malt beverage products shall be sold with an alcohol content greater than five and one half percent by volume. f. The sale of wine with an alcoholic content greater than 14 percent by volume shall be prohibited unless in corked bottles and aged at least two (2) years. g. Beer or malt liquor sold individually in containers of 40 ounces or less shall be prohibited. h. No containers of beer or malt liquor shall be sold which are not in their original factory packages of 6 or greater. i. No cooler products, either wine or malt beverage based, shall be sold in less than 4 pack quantities. j. No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner and/or lessee. k. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises and/or lessee or in any area occupied or used by patrons of the premises. l. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the California Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway. m. The owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60) days of the Conditional Use Permit 18-01 and Public Convenience or Necessity Letter 18- 01 approval, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. The establishment may elect to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages. 37. Security Cameras. If security cameras are installed on the premises, all criminal and suspicious activities recorded by or viewed on such surveillance equipment must be 26.d Packet Pg. 848 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. Number of cameras needed: at least two (2) 24 hour time lapse security cameras. Land Development Division Conditions 38. Drainage and Flood Control a. A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. b. The detention basin shall be designed in accordance with “Detention Basin Design Criteria for San Bernardino County.” Retention basins are not acceptable. c. The development is located within Zone X (shaded) on the Federal Insurance Rate Maps on booklet #06071C7945H with year 08/28/2008 and may be subject to sheet overflow to a depth of less than 1 foot in a 100-year storm. Therefore, all building pads shall be raised above the surrounding area as approved by the City Engineer. d. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e. If site drainage is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. f. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) is conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. g. Direct connection to the existing catch basin or storm drain shall not be allowed unless approved by Public Works Department in writing. h. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. i. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. j. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. 26.d Packet Pg. 849 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 k. All contaminated drainage from spills in the vicinity of the fuel dispensers shall be contained in a tank on-site and properly disposed of by hauling to an approved contaminated waste disposal facility. Contaminated drainage shall not be discharged into the City streets or storm drain system. l. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 39. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b. If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. c. The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Land Development Division. d. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. e. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. f. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. g. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. 26.d Packet Pg. 850 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. i. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on- site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j. This project is located in the high wind zone. All walls and fences shall be designed to meet current CBC requirements. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. k. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. l. The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. m. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. n. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. o. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. 26.d Packet Pg. 851 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 p. A reciprocal easement shall be recorded prior to grading plan approval for reciprocal drainage, access, sewer, and/or parking proposed to cross lot lines. q. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. r. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. s. The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided. t. All electrical transformers located outdoors on the site, shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110. 40. Landscape Maintenance District a. The project is located in an existing AD 959. Any modification or work within the assessment boundary shall be approved by Real Property Division. b. The landscape along Shandin Hills Drive shall be consistent with the existing landscape presented in AD 1042 to the South. c. A standard mow strip shall be installed to delineate private landscape and assessment district landscape (2’ turf area) on Kendall Drive. d. Prior to sale of each parcel, the Developer shall provide the City's Real Property Section of the Public Works Division with a signed copy of the "Notice of Assessment District" disclosure for each property purchaser. 41. Utilities a. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b. The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d. This project is located in the sewer service area maintained by the City of San Bernardino Municipal Water Department. Therefore, any necessary sewer main extension shall be designed and constructed in accordance to the requirements of SBMWD. e. An approved plumbing plan and permit from Water Department Environmental Health shall be obtained for the proposed restaurant prior to Building permit issuance. 26.d Packet Pg. 852 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. Utility services shall be placed underground and easements provided as required. g. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. h. Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 42. Mapping a. A Parcel Map is proposed for this development. The Parcel Map based upon field survey shall be required. b. The applicant‘s surveyor/engineer shall submit a Parcel Map with supporting documents for review and approval to Land Development. The Parcel map shall be recorded prior to Building Permit issuance. 43. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) Kendall Drive 70’ (Existing) Existing Shandin Hills Drive 44’ (Existing) Existing b. If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type “B” and sidewalk shall conform to Standard No. 202, Case "A" (6’ wide adjacent to curb), unless otherwise approved by the City Engineer. c. At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Caltrans or Green Book Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. d. Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. e. Curb returns at the Southwest corner of Kendall Drive and Shandin Hills Drive shall be constructed with a 35-foot radius. f. An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. 26.d Packet Pg. 853 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. Kendall Dive and Shandin Hills Drive shall have a 0.20 and 0.10 foot grind and asphalt concrete overlay to the centerline of the project site frontage respectively. h. Install LED Street Lights on Shandin Hills Drive along project frontage in accordance with City Standard Nos. SL-1 and SL-2. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. i. The existing street light along the project frontage shall be replaced with an LED lamp. j. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. k. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. 44. Required Engineering Plans a. A complete submittal for plan checking shall consist of: street improvement plans (may include street lights or street lighting may be separate plan), sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to SBMWD), storm drain plans (Private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), traffic signal plans, signing and striping plan (may be on sheets included in street improvement plan), lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, water plans (shall be submitted to San Bernardino Municipal Water Department), other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c. After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. d. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are 26.d Packet Pg. 854 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 also available at no charge at the Public Works Web Site at http://www.sbcity.org 45. Phasing a. The project is proposed to be developed in phases, each individual phase shall be designed to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase: b. Improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer and/or Building Official. c. A Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be constructed with the given phase, subject to the following: d. Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off- site flows: e. A properly designed water system shall be constructed, which is capable of providing required fire flow, perhaps looping or extending beyond the phase boundaries. f. Easements for any of the above and the installation of necessary utilities shall be completed; and, g. Phase boundaries shall correspond to the lot lines shown on the approved tentative map. 46. Required Engineering Permits a. Grading permit. b. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c. Off-site improvement construction permit. 47. Applicable Engineering Fees a. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b. The current fee schedule is available at Public Works or http://www.sbcity.org 48. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. Building and Safety Division Conditions 26.d Packet Pg. 855 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. This is a formal submittal to the building Division and shall include all required documents, which includes a soils report, when determined to be required. 50. Address the requirements of the California Green Code 2016 for all debris. Check the VOC forms per code. 51. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 52. As a reminder the Building Department submittal is separate from the Fire Department. Please show location of all existing hydrants. 53. Refer to Chapter 11B of the California Building Code 2016 for ADA Requirements. 54. Refer to Section 105 Permits for all required permits of the California Building Code 2016. San Bernardino County Fire District Conditions 55. Shall comply with all Building, Fire Codes and Fire District standard requirements based on occupancy classification. 56. Any changes to this proposal shall require a new Fire District condition letter. 57. Any changes to the approved life safety system shall require plans to be submitted to the Fire District prior to construction including fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances and Hood protections. 58. Monitored fire sprinkler system is required for the proposed building(s). Plans shall be submitted to the FD prior to construction. PER CFC 903.2.1.1. 59. Knox Box/Key Box is required in sprinklered buildings, and shall be provided and installed in accordance with CFC & Fire Department Standard. 60. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 61. An approved on-site fire protection water system in accordance with the Fire District standard is required. The system is required to be in place and serviceable prior to building construction. 62. An approved water supply system, complete with street fire hydrants complying with the Fire District standard shall be in place prior to any combustible construction. 63. Provide a complete on-site fire protection plan to the Fire District which indicates the location of all required fire protection appliances (FDCs, PIVs, DDCs, proposed and existing fire hydrants, etc.). 26.d Packet Pg. 856 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants and property. 65. Provide the following FD notes on the site utility plan: a. A separate permit is required by the Fire Department for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. b. All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. c. Paint curbs red, 15’ to either side of fire hydrant and FDC. d. Fire Department Connection required within 50 feet of a hydrant. e. Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). f. Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 for residential areas. 66. Premise and Building Identification and addressing shall be a minimum of 12 inches in height. 67. All required access roads shall meet county standards of 26’ in width and turning radius. Plans shall be submitted and approved prior to construction commencement. 68. All underground fuel tanks shall be submitted to the County CUPA for review. 69. Fire Sprinklers are required for this project. When occupant load is over 100 in A-2 occupancy type and/or building is over 5,000 square feet per San Bernardino County Ordinance. 70. Fire Riser room is required. See County Standard requirements. 71. Fire extinguishers are required throughout. All spacing shall meet CFC for spacing and size. 72. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 73. If a fire suppression system is installed, a separate submittal is required (Hood systems, FM 200). 74. Annual Fire Department Permit is required. Contact 909-918-2201 for information. /// /// /// 26.d Packet Pg. 857 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING SUBDIVISION 18-01, CONDITIONAL USE PERMIT 18-01, A REQUEST TO ALLOW A SERVICE STATION AND CONVENIENCE STORE WITH A TYPE 20 ABC (OFF-SALE BEER & WINE), A DRIVE-THRU RESTAURANT, A SIT DOWN RESTAURANT, AND FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY LETTER 18-01 ON A SITE OF APPROXIMATELY 3.50 ACRES LOCATED ON THE SOUTHWEST CORNER OF KENDALL DRIVE AND SHANDIN HILLS DRIVE WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE AND TRANSIT DISTRICT (TD) OVERLAY. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a regular meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. Carey Davis, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 26.d Packet Pg. 858 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A APPROVED PLANS 26.d Packet Pg. 859 Attachment: CD.Shandin Hills GPA18-01.A2. Resolution (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18- STATER BROS. MARKETS, ACALIFORNIA CORPORATIONC/O: ICO REAL ESTATE GROUP, INC.ATTN: JIAN TORKAN4221 WILSHIRE BLVD. #380LOS ANGELES, CA 90010PHONE: (323) 932-7777SOURCE OF SURVEYTOPOGRAPHIC SURVEYDATED JUNE 29, 2017AS CONDUCTED BYJOSEPH E. BONADIMAN &ASSOCIATES, INC.234 NORTH ARROWHEAD AVENUESAN BERNARDINO, CA 92408PHONE: (909) 885-3806FAX: (909) 381-1721AC ASPHALT CONCRETEARV AIR RELEASE VALVEECAB ELECTRICAL CABINETEPB ELECTRICAL PULL BOXEMH EDISON MANHOLEEVLT ELECTRICAL VAULTFH FIRE HYDRANTICV IRRIGATION CONTROL VALVEPCC PORTLAND CEMENT CONCRETEPL PROPERTY LINER/W RIGHT-OF-WAYS STREET SIGNSD STORM DRAINSMH SEWER MANHOLESL STREET LIGHTTS TRAFFIC SIGNALTSPB TRAFFIC SIGNAL PULL BOXWM WATER METER EXISTING TREE TO REMAIN UNLESS OTHERWISE SHOWN TO BE REMOVED EXISTING PALM TO REMAINLEGENDUTILITIES:ELECTRIC:EDISON287 TENNESSEE STREETREDLANDS CA, 92373(909) 307-6788WATER:CITY OF SAN BERNARDINO WATERDEPARTMENT397 CHANDLER PLACESAN BERNARDINO, CA 92408(909) 453-6175SEWER:CITY OF SAN BERNARDINO WATERDEPARTMENT397 CHANDLER PLACESAN BERNARDINO, CA 92408(909) 453-6175GAS:SOUTHERN CALIFORNIAGAS COMPANY1981 WEST LUGONIA AVENUE REDLANDS,CA 92373(909)335-7550TELEPHONE:FRONTIER COMMUNICATIONS9 SOUTH 4TH STREETREDLANDS CA, 92373(909) 748-664020040SCALE: 1"=20'60LEGAL DESCRIPTIONTHE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE CITY OFSAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ANDIS DESCRIBED AS FOLLOWS:PARCELS 12, 13 AND 14 OF PARCEL MAP NO. 10477, AS SHOWN BY MAP ONFILE IN BOOK 151, PAGES 59 AND 60 OF PARCEL MAPS, RECORDS OF SANBERNARDINO COUNTY, CALIFORNIA.EASEMENTS1AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS ANDINCIDENTAL PURPOSES, IN FAVOR OF GENERAL TELEPHONE COMPANY OFCALIFORNIA, AS RECORDED FEBRUARY 14, 1956, IN BOOK 3857, PAGE62 OF OFFICIAL RECORDS.SAID EASEMENT IS TO BE ABANDONED.2AN EASEMENT FOR LANDSCAPE AND INCIDENTAL PURPOSES, ASRECORDED APRIL 24, 1986, IN BOOK 104, PAGE 51-52 OF OFFICIALRECORDS AND SHOWN OR DEDICATED ON THE MAP OF PARCEL MAP NO.9393.3AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, INFAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA, ACORPORATION, AS RECORDED JANUARY 15, 1988, AS INSTRUMENT NO.88-013956 OF OFFICIAL RECORDS.THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROMRECORD INFORMATION.4AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, INFAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION,ITS SUCCESSORS AND ASSIGNS, AS RECORDED MAY 19, 1988, ASINSTRUMENT NO. 88-158222 OF OFFICIAL RECORDS.BENCHMARKCITY OF SAN BERNARDINO BENCHMARK A6-41:BRASS DISK STAMPED A6-41 SET ON THE TOP OF THE CURB AT THESOUTHWESTERLY END OF THE COUNTY FLOOD CONTROL CHANNEL BRIDGE. ELEVATION = 1358.04' NAVD88BASIS OF BEARING7+(&(17(5/,1(2)6+$1',1+,//6'5,9(%(,1*1 (3(53010477 P.M.B 151/59-60.NOTES:1.ASSESSOR'S PARCEL NUMBERS: 0266-521-17, 18 AND 192.EXISTING/PROPOSED GROSS AREA: 152, 472 SF = 3.50 AC3.EXISTING/PROPOSED NET AREA: 112,008 SF = 2.57 AC4.EXISTING USE: VACANT5.PROPOSED USE: GAS STATION AND 7-11 CONVENIENCE STORE (PARCEL 1);DRIVE-THRU RESTAURANT (PARCEL 2); RESTAURANT (PARCEL 3)6.BOUNDARY DIMENSIONS AND AREAS ARE APPROXIMATE BASED ON RECORDINFORMATION.7.EXISTING/PROPOSED ZONING & GENERAL PLAN: CG-18.PARKING SUMMARY:-REQUIRED PARKING-PARCEL 1:-1/250 SF GROSS FLOOR AREA = 3,128 SF / 250 = 12.52 SPACES+ 1/PUMP ISLAND = 6 SPACES- REQUIRED PARKING - PARCEL 2:- 1/100 SF GROSS FLOOR AREA = 2,325 SF / 100 = 23.25 SPACES- 1/100 SF OUTDOOR SEATING AREA = 1,430 SF / 100 = 14.35 SPACES- REQUIRED PARKING - PARCEL 3:- 1/100 SF GROSS FLOOR AREA = 6,088 SF / 100 = 60.88 SPACESTOTAL REQUIRED PARKING = 117 SPACES-5 ACCESSIBLE SPACES REQUIRED (1 VAN ACCESSIBLE)-3 15'x19' LOADING ZONES REQUIREDTOTAL PROPOSED PARKING: 117 SPACES-8 ACCESSIBLE SPACES PROVIDED (3 VAN ACCESSIBLE)-3 15'x19' LOADING ZONES PROVIDED 12. AREA SUMMARY:-TOTAL NET AREA: 112,008 SF = 100.00%-BUILDING TOTAL FOOTPRINT: 11,541 SF =10.30%-ACCESS / PARKING: 69,377 SF = 61.94%-LANDSCAPING: 31,090 SF = 27.76% 13. SITE WITHIN ZONE 'X': AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITHDRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEESFROM 1% ANNUAL CHANCE FLOOD. MAP PANEL #06071C7945H, DATED 8/28/2008ADA PATH OF TRAVELCOMMERCIAL GENERALEXISTING STRUCTUREReference No.Job No.Designed ByPFDrawn ByDate Prepared117244Sheet No.S-13/17/18PREPARED FOR/APPLICANT: BKland planningcivil engineeringphone 909.748.77771461 ford street, suite 105, redlands, ca 92373fax 909.748.7776landscape architectureest. 1989 PROPERTY OWNER:CONDITIONAL USE PERMIT SITE PLAN117244SPICO REAL ESTATEGROUP, INCATTN: JIAN TORKAN4221 WILSHIRE BLVD #380LOS ANGELES, CA 90010PHONE: (323) 932-7777PROPOSED PCC PAVINGPROPOSED LANDSCAPINGEXISTING AC PAVING TOREMAINPROPOSED7-11 STORE(3,128 SF)35'12'6'14@9'=126'12345678910116'26'19'19'26'2'5'19'26'10'10' 11@9'=99'19' 26' 6' 26' 7'5'9'4@9'=36'5'9'9'12'6@9'=54' 28'9'4@9'=36' 7' 6'12'9@9'=81' 15'19'10@9'=90'35'19'9'9'9'6'25'45'20'19' 3@9'=27'15'19'9'10'26'30'66'5' 6'5'141516171819202122232425262761605958575655545352515049353637383940414243444546474862636465666768697071LOADINGLOADINGLOADING73727475767778798081828384858687888990919293949596979899106107108109110111112113114115116117PROPOSED FUELSTATION(6 PUMP ISLANDWITH CANOPY)PROPOSEDRESTAURANT(6,088 SF)PROPOSED DRIVE-THRURESTAURANT(2,325 SF)35'36'60'42'60'12'6'16'PROPOSEDTRASHENCLOSUREPROPOSEDTRASHENCLOSUREPROPOSEDTRASHENCLOSURE5'PARCEL 3PARCEL 2PARCEL 1PROPOSED PYLON SIGNPER SEP. PLANPROPOSED PYLONSIGN PER SEP. PLANPROPOSEDAIR/VACMACHINEPROPOSEDCLEAN AIRSEPARATORPROPOSED35' WIDEDRIVEWAYPROPOSED35' WIDEDRIVEWAY(RIGHT IN,RIGHT OUTONLY)RESIDENTIAL MEDIUM HIGHRESIDENTIAL SUBURBANPROPOSEDUNDERGROUNDGAS TANKSPROPOSED 35' WIDE DRIVEWAY(RIGHT IN, RIGHT OUT ONLY)CLSHANDIN HILLSDRIVECL KENDALL DRIVEAPN 0266-211-221 : 1 ( 1 : 223.67'SLEPBTSPB(2)EPBEMHEXISTINGDRAIN GRATESTSEPBCLSMHEPB(2)ICVWMEXISTING 8"CURB & GUTTEREXISTING 8"CURB &GUTTEREXISTING7' HIGH BLOCK WALLP.L.P.L.P.L.R/WP.L.440.02'SMHSMHSLEPBEPB2EXISTINGPCC SIDEWALKEXISTINGPCC SIDEWALKEXISTING7' HIGHBLOCK WALL1 (APN 0266-521-18APN 0266-521-19SLFHEXISTING 8"CURB & GUTTEREXISTINGADA RAMPEXISTING21' WIDECATCH BASINEXISTINGADA RAMP10'(4)ECABARVTS4EVLT(3)ECAB6'APN 0266-211-22SAN BERNARDINO 611 LPVICTORIA WOODSSENIOR APARTMENTSAPN 0266-801-21BARRUETA, ANA OSFRAPN 0266-801-22METU, REGINALDSFRAPN 0266-801-24SFRRAMIREZ, JOSE;RAMIREZ, DELIA CAPN 0266-521-16STATER BROS MARKETSSTATER BROTHERSSHOPPING CENTERAPN 0266-521-15STATER BROS MARKETSSTATER BROTHERSSHOPPING CENTERKENDALL SQUARESHOPPING CENTERAPN 0151-202-14STATER BROS MARKETSAPN 0266-801-23VO, TONYSFR44'44'32'32'12'6'6'6'6'STREET40TH70'40'8'62'VARIES30'-32'VARIES8'-10'6'2'N1"=500'5000VICINITY MAPW. 48THW. 46THORANGE DRIVEW. 45TH STREETN. 4TH AVENUEWESTERNCREEKKENDALLSHADYCREEKSHANDINCANYONOXFORD DRIVEPROJECT SITEPROPOSED AC PAVINGTYPICAL SECTION30'-32'8'-15'62'8'CLKENDALL DRIVEFACING NORTHWEST NTSVARIES40'-45'70'R/WR/WVARIESVARIESVARIES8-14'6'2'EXISTINGCURB & GUTTEREXISTINGSIDEWALKEXISTINGCURB & GUTTEREXISTINGSIDEWALKAPN 0266-521-06STATER BROS MARKETSSTATER BROTHERSSHOPPING CENTERAPN 0266-731-15ESTRADA, MIGUEL ASFR45'PROPOSEDP.L.PROPOSEDP.L.1 : 303132333419'7@9' = 63'52,025 SF GROSS44,067 SF NET32,009 SF GROSS25,592 SF NET68,438 SF GROSS42,349 SF NET50'121'W. 41ST STREETSTREETCEDAR DRIVEMOUNTAIN DRIVEW. 40TH STREETN. 3RD AVENUEN. F STREETSTREETN. EH STREETAVENUEDR.DRIVETERRACEDRIVE SHANDINHILLS CIR.RIDGELINEDRIVE DEVILS CREEK CHANNELEXISTINGSFREXISTINGSFREXISTINGSFREXISTINGSFR39'28'30'26'28'3'3'6'6' 4' 39' 63' 77' 79' 87' 82'EXISTING CARPORTEXISTING CARPORTEXISTING CARPORTEXISTING CARPORTEXISTING CARPORTEXISTINGCARPORTEXISTINGCARPORTEXISTINGCARPORTEXISTING CARPORT EXISTING CARPORTEXISTINGAPARTMENTSEXISTINGAPARTMENTSEXISTINGAPARTMENTSEXISTINGAPARTMENTSEXISTINGAPARTMENTS12'5'9' 10'R/WCLTYPICAL SECTIONSHANDIN HILLS DRIVEFACING NORTHEAST NTS44'32'12'6'6'EXISTINGCURB & GUTTEREXISTINGSIDEWALKR/WEXISTINGCURB & GUTTEREXISTINGSIDEWALK6'6'32'12'44'EXISTING AC PAVEMENTEXISTING AC PAVEMENT10'27'EXISTINGTREE TO BEREMOVEDICV21' 7' 19' 10'APN 0266-801-20HANHOUN, IAD;SFRKHALEL, SILVA35'12'R/WICVEPBOUTDOORSEATING22'CONDITIONAL USE PERMIT SITE PLANAPN 0266-521-17, 18 & 19, WEST CORNER OF KENDALL DRIVE & SHANDIN HILLS DRIVE, CITY OF SAN BERNARDINO152.00'1 : 30'SHEET INDEXTITLE SHEET / SITE PLANCONCEPTUAL GRADING PLANCONCEPTUAL LANDSCAPE PLANPARCEL 1 FLOOR PLANPARCEL 1 ELEVATIONSPARCEL 2 FLOOR PLANPARCEL 2 ELEVATIONSPARCEL 3 FLOOR PLANPARCEL 3 ELEVATIONSPHOTOMETRIC STUDYTENTATIVE PARCEL MAPS-1CG-1CL-1A2.0A3.0, 3.1, 3.2A4.0A5.0, 5.1A6.0A7.0, 7.1E-1, E-1.1TPM-11 (279.18'3@9'=27'4@9'=36'5@9'=45'5'PROPOSED UNDERGROUNDINFILTRATION BASIN FORWATER QUALITY TREATMENTPROPOSED UNDERGROUNDINFILTRATION BASIN FORWATER QUALITY TREATMENTPROPOSED UNDERGROUNDINFILTRATION BASIN FORWATER QUALITY TREATMENT11@9'=99'PROPOSED WATER LINEPROPOSED SEWER LINEPROPOSED WATER LINEPROPOSED SEWER LINEPROPOSED SEWER LINEPROPOSED WATER LINE7'4'5'STORM DRAIN / DRAINAGE EASEMENTPROPOSEDSTORM DRAIN / DRAINAGE EASEMENTPROPOSED(3,096 SF)14'7'EXISTINGDRIVEWAY TOBE REMOVEDEXISTING21' WIDECATCH BASINPROPOSEDUNDERGROUND TANKFOR SPILLED FUELPROPOSED PERGOLAFEATUREPROPOSED PERGOLAFEATUREEXISTING TREE TO BEREMOVED5'19'51'5'12'1021031041051011005'APN 0266-521-17127'1312292815'3'19'7'PROPOSED 6' HIGHTUBULAR STEELSWINGING GATE WITHKNOX BOXPROPOSED 6' HIGHTUBULAR STEELPEDESTRIAN GATEPROPOSED 6' HIGH TUBULARSTEEL SWINGING GATE WITHKNOX BOX PROPOSED 6' HIGHTUBULAR STEEL FENCE6' 26.e Packet Pg. 860 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 861 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 862 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use 26.e Packet Pg. 863 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 864 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 865 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 866 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 867 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 868 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 869 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 870 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 871 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.e Packet Pg. 872 Attachment: CD.Shandin Hills GPA18-01.A2.Exh A Project Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of PCN) 26.f Packet Pg. 873 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 874 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 875 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 876 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 877 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 878 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 879 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 880 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 881 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 882 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 883 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 884 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 885 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 886 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 887 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 888 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 889 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 890 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 891 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 892 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 893 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 894 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 895 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 896 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 897 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 898 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 899 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 900 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 901 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 902 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 903 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 904 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 905 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 906 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 907 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 908 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 909 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 910 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 911 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 912 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 913 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 914 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 915 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 916 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 917 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 918 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 919 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 920 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 921 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 922 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 923 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 924 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 925 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 926 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 927 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 928 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 929 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 930 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 931 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 932 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 933 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 934 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 935 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 936 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 937 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 938 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.f Packet Pg. 939 Attachment: CD.Shandin Hills GPA18-01.A3.PC (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA18-01, SUB18-01, CUP18-01 & PCN18-01 AERIAL MAP HEARING DATE: 03/13/2018 NORTH Kendall Dr. 40th Street Stater Bros. Market 26.g Packet Pg. 940 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 941 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 942 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 943 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 944 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 945 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 946 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 947 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 948 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 949 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 950 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 951 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 952 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and 26.g Packet Pg. 953 Attachment: CD.Shandin Hills GPA18-01.A4.Plans (5474 : General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Public Hearing City of San Bernardino Request for Council Action Date: April 4, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Mark Persico, AICP, Community Development Director Subject: Adopt Resolutions for Commercial Cannabis Business Types, Commercial Cannabis Review Criteria, Commercial Cannabis Application Fee, Personal Cultivation Registration Fee, and Authorization to Access State and Federal Criminal Records Recommendations Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of Commercial Cannabis Business Types, pursuant to Chapter 5.10 of the San Bernardino Municipal Code Section 5.10.080. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Permit Application Review Criteria and Procedures pursuant to Chapter 5.10 of the San Bernardino Municipal Code Section 5.10.090. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting Commercial Cannabis Application Review and Appeal Fees, pursuant to Chapter 5.10 of the San Bernardino Municipal Code Section 5.10.090 and 5.10.160. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting Personal Cultivation in Private Residence Fee, pursuant to the San Bernardino Municipal Code Section 8.99(C). Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an application to authorize the access to state and federal level summary criminal history information for employment, volunteers, and contractors, licensing or certifying purposes. 27.a Packet Pg. 954 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, Background On March 7, 2018, the Mayor and City Council adopted Ordinances MC-1464 adopting Chapter 5.10 of the San Bernardino Municipal Code related to the regulation of commercial cannabis activities and Ordinance MC-1466 adopting Chapter 8.99 of the San Bernardino Municipal Code related to the regulation of personal cultivation of cannabis. Discussion The Ordinances established a program for commercial cannabis activity and personal cultivation in private residences. In order to effectuate the Ordinances and enable the processing of applications, the Mayor and City Council must adopt a series of resolutions, including but not limited to: application review fees, appeal fees and regulatory fees, application review criteria, Commercial Cannabis Business permit selection process, and number of licenses by type, among others. The report below outlines the first five resolutions for Mayor and City Council consideration: 1) commercial cannabis license types, 2) application procedures and review criteria, 3) commercial cannabis application review fees, 4) personal cultivation registration fees, and 5) accessing state and federal criminal history for licensing purposes. Commercial Cannabis License Types – Pursuant to Chapter 5.10.080 The Ordinance set the maximum number of permits at 1 permit per 12,500 residents as determined by the most recent State Department of Finance Report. As of January 1, 2017, the most recent data available, the population estimate for the Department of Finance was 216,972, which equals 17.36 permits, or 17 total. There are six different types of Commercial Cannabis Businesses: 1. Cultivation 4. Microbusiness 2. Distribution 5. Retail 3. Manufacturing 6. Testing Staff is suggesting a maximum of up to 5 licenses per type, but not more than 17 licenses total. This would allow the City the ability to evaluate proposals using the review criteria to assure the best applications are granted a license. A resolution outlining license types and number is included (Attachment 1). Commercial Cannabis Business (CCB) Application Procedures and Review Criteria – Pursuant to Section 5.10.090 (a) The review criteria are used in phase 2 (Initial Ranking) and phase 3 (Interviews) and different weights are assigned in the phases. The weight (or maximum possible points) varies because in phase 2 the standard is how the application compares to the standards in the industry; whereas in phase 3 the standard is a local compatibility and 27.a Packet Pg. 955 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, fit test. In other words, in phase 2 it is important to know the CCB is using the best and most current practices. Phase 3 will determine how the CCB would fit in with the location requested and the City as a whole. The points from phases 2 and 3 and added to determine the top seventeen (17) applications that will move to phase 4 for Mayor and City Council consideration and possible approval. The proposed Application Procedures (Attachment 3B) state that the City will begin accepting applications on April 23, 2018 and close the filing period on May 23, 2018. However, if not all seventeen (17) licenses are issued during the first round, the City will open a second round of applications at a date to be determined. The review criteria used in phase 2 and phase 3 are attached as Appendix A to the Procedures and summarized below: Qualifications of Owners: Describe any special business or professional qualifications or licenses of the Owners that would add to the number or quality of services provided, such as scientific or health care fields. Location: • Physical address and detailed description of the proposed/final location. • Proof of ownership, or a notarized letter of the owner’s willingness to lease. • Description of all known nearby sensitive use areas. Neighborhood Compatibility Plan: Describe how the business, including its exterior areas and surrounding public areas, will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community. • Additional factors for consideration are religious institutions or libraries located within a six-hundred (600) foot radius of the proposed CCB. Environmental Impact Mitigation: Describe any proposed “green” business practices relating to energy and climate, water conservation, and materials and waste management. Local Enterprise: Describe to what extent the CCB will adhere to heightened pay and benefits standards and practices. Specific practices that are subject to consideration include the following: • Providing compensation to and opportunities for continuing education and training of employees/staff; • State the extent to which the CCB will be a locally managed enterprise whose Owners/Principals reside within the City and/or within San Bernardino County. Business Plan: The Business Plan shall be as detailed as necessary to fully describe the operations, including: • Description of day-to-day operations. Section 5.10.310. 27.a Packet Pg. 956 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, • How the CCB will conform to local and state laws per Section 5.10.280 and Section 5.10.420 and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use. • How cannabis inventory will be tracked and monitored to prevent diversion. • A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. • A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds. • Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets. • A pro forma for at least three years of operation. Enhanced Product Safety: Describe how the CCB will ensure enhanced consumer safety as required by State or local law. Safety Plan: • A detailed safety plan. This plan should describe the fire prevention, suppression, HVAC and alarm systems the facility will have in place. It should include an assessment of the facility’s fire safety by a qualified fire prevention and suppression consultant. An appropriate plan will have considered all possible fire, hazardous material, and inhalation issues/threats and will have both written and physical mechanisms in place to deal with each specific situation. Security Plan: • A detailed security plan. This plan should include a description and detailed schematic of the overall facility security. It should have details on operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, 3rd party contractor security, and delivery security. In particular, applications should address ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed. The security plan shall also include an assessment of site security by a qualified security consultant. Security plans will not be made public. • A floor plan showing existing building conditions. If changes are proposed as part of the project, then a proposed floor plan should also be submitted. The floor plan(s) should be accurate, dimensioned and to-scale (minimum scale of 1/4”). The scale maybe smaller if it exceeds more than a ½ acre parcel but must be printed on not larger than a 11 X 17 sheet of paper. 27.a Packet Pg. 957 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, Community Benefits: Describe the benefits that the CCB would provide to the local community, such as employment for local residents of the City, community contributions, or economic incentives to the City, including: • How does the type of license requested benefit the community and assure an appropriate mix of license types Citywide? • Does the applicant provide an effective community outreach plan for nearby owners and operators? • Does the applicant describe credible benefits to the overall community, local economy, and any community or non-profit contributions or affiliations? • Does the applicant propose to include one or more of the following business types, or similar beneficial uses: o Coffee Shop o Art Studio o Museum Staff is recommending that the Mayor and City Council adopt the above review criteria (Attachment 2). Commercial Cannabis Application Review and Appeal Fees – Pursuant to Sections 5.10.090 (b) and 5.10.160 The review of Commercial Cannabis Business (CCB) applications is divided into four distinct phases: 1) Determination of Eligibility, 2) Initial Ranking, 3) Second Ranking and 4) Public Meeting and City Council Final Recommendation. For budget planning purposes the fees are based upon 17 total licenses being issued and 34 applications being reviewed. The LiveScan and Zoning Verification fee covers the cost of the Police Department completing the LiveScan and the Community Development Department verifying the property is eligible for use as a Commercial Cannabis business. The background review fee is for HdL staff to complete a financial review for each principal involved in the cannabis business. The Zoning Verification Letter involves planning staff physically visiting the site and verifying the distance to sensitive uses as defined by the Ordinance. Phase Cost Pre-application – Zoning Verification Letter $183 Phase 1 – Eligibility $2,647 (+$132 LiveScan + $300 Background Check per Owner) Phase 2 – Initial Ranking $2,034 Phase 3 – Second Ranking $1,708 Phase 4 – City Council Final Recommendation $1,237 Application Total $8,241 Application Appeal Fee $3,217 27.a Packet Pg. 958 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, The Zoning Verification Letter (ZVL) (Attachment 4) is the threshold determining factor if the property meets the locational requirements of Section 5.10.250. An approved ZVL must be issued before an application can be submitted. Phase 1 includes a determination of eligibility of the Owners and a review of the completeness of the application. Phase 2 includes an initial evaluation of the CCB and a ranking based upon industry standards. This will determine if the CCB is incorporating best management practices in the operation and security. Phase 3 includes an interview and a second ranking. This ranking will determine if the CCB meets local standards and is compatible with the neighborhood and the City overall. The points from Phase 2 and Phase 3 are totaled to determine the top 17 applications. Phase 4 is the final Public Hearing by the Mayor and City Council. The Mayor and City Council will receive the top 17 CCB applications for review and approval. Applicants may appeal any decision throughout the process by filing and appeal as required Section 5.10.150 and paying an appeal fee of $3,217. Attached is a fee resolution (Attachment 2) for Mayor and City Council review and adoption. The fees will become effective in 60 days (June 4, 2018) pursuant to Government Code Section 66016 even though the City will begin accepting applications on April 23, 2018. The fees would still be due and payable for the services rendered pursuant to the resolution. Personal Cultivation of Cannabis – Registration Fee Section 8.99.040 (C) requires that any person cultivating cannabis in their private residence must register with the City and pay the appropriate fee. The fee to register a private residence and for inspection services is outlined in the attached resolution (Attachment 6). Attached is a copy of the Personal Cannabis Cultivation Form (Attachment 7). Authorization to Access State and Federal Criminal History The California Penal Code has strict limits on who can access criminal history and for what purposes the data can be used. In order to access the criminal records for cannabis licensing the City Council must adopt a specific resolution stating that intent. The resolution (Attachment 8) included herein allows criminal history records to be used for cannabis licensing purposes. Next Steps Following adoption of the five resolutions under consideration there are four remaining fee resolutions that must be adopted. 27.a Packet Pg. 959 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, 1. Establish a fee for renewal of application, pursuant to section 5.10.130. 2. Establish a regulatory fee to administer the program, pursuant to section 5.10.180 (i) and section 5.10.300. 3. Establish a fee to amend an application, pursuant to 5.10.190. 4. Establish a fee to transfer ownership of a Commercial Cannabis Business, pursuant to section 5.10.200. City staff and the consultant are compiling the data necessary to establish these fees. It is anticipated that these items will be presented for consideration in May 2018. Fiscal Impacts The Commercial Cannabis Business Application process and Personal Cultivation Registration Program is fully funded based upon the analysis completed by staff and the fees included herein. The Commercial Cannabis Business Application process and Personal Cultivation Registration Program is funded through the fees generated from the application process. Those fees are anticipated to be roughly $150,000 annually and are established to be adequate to cover the full cost of managing the program. Conclusion The matters under consideration by the Mayor and City Council are a significant step forward in implementation of the Commercial Cannabis program and the Personal Cultivation ordinance. Adoption of the Resolutions will enable staff to post the Commercial Cannabis Application and Procedures, and the Personal Cultivation Registration Form. Furthermore, City staff will begin accepting Commercial Cannabis Business applications on Monday, April 23, 2018 and the close of the application period will be 4:00PM on Wednesday, May 23, 2018. If all seventeen (17) licenses are not issued during the first round of permitting, the City will schedule a second application round at a date to be determined. Attachments Attachment 1 Resolution establishing the maximum number of Commercial Cannabis Business Types, pursuant to Chapter 5.10 of the San Bernardino Municipal Code Section 5.10.080. Attachment 2 Resolution establishing Commercial Cannabis Permit Application Review Criteria and Procedures pursuant to Chapter 5.10 of the San Bernardino Municipal Code Section 5.10.090. Attachment 3 A Draft CCB Application Attachment 3 B Draft CCB Application Procedures Attachment 4 Draft Zoning Verification Letter (ZVL) Attachment 5 Resolution Adopting Commercial Cannabis Application Review and Appeal Fees, pursuant to Chapter 5.10 of the San Bernardino Municipal Code Section 5.10.090 and 5.10.160. Attachment 6 Resolution Adopting Personal Cultivation in Private Residence Fee, pursuant to the San Bernardino Municipal Code Section 8.99(C). Attachment 7 Draft Personal Cultivation Registration Form 27.a Packet Pg. 960 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, Attachment 8 Resolution approving an application to authorize the access to state and federal level summary criminal history information for employment, volunteers, and contractors, licensing or certifying purposes Ward(s): All Synopsis of Previous Council Actions: 27.a Packet Pg. 961 Attachment: CD.Cannabis Fees.Report (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Criteria, Application Fee, Attachment 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MAXIMUM NUMBER OF COMMERCIAL CANNABIS BUSINESS TYPES PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 5.10.080 WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC- 1464, thereby adopting Chapter 5.10 (Commercial Cannabis Activities); and WHEREAS, City staff and the consultant analyzed the appropriate allocation of Commercial Cannabis Business types based upon practices from other cities; and WHEREAS, the Mayor and City Council desire to establish the maximum number of commercial cannabis business types. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. The maximum number of commercial cannabis business of each type shall be established as follows: A. Cultivation - Up to Maximum 5 B. Distribution - Up to Maximum 5 C. Manufacturing - Up to Maximum 5 D. Microbusiness - Up to Maximum 5 E. Retail - Up to Maximum 5 F. Testing - Up to Maximum 5 G. All Types - Maximum 17 (per Section 5.10.080) SECTION 3. The Mayor and City Council will evaluate and may in the future modify the mix of business types as the Commercial Cannabis Business program begins operating legally within the City of San Bernardino. 27.b Packet Pg. 962 Attachment: CD.Cannabis Fees.A1.Business Types Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Attachment 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The establishment of the maximum number of license types under the Commercial Cannabis ordinance is exempt under California Environmental Quality Act (CEQA) and the CEQA Guidelines section 15061 (b)(3) and 15378. CEQA only applies to an activity with the potential for causing a significant effect on the environment. It can be seen that there is no possibility that this activity will have a significant effect on the environment and it is therefore exempt from CEQA. SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// /// 27.b Packet Pg. 963 Attachment: CD.Cannabis Fees.A1.Business Types Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Attachment 1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MAXIMUM NUMBER OF COMMERCIAL CANNABIS BUSINESS TYPES PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 5.10.080 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a __________ meeting thereof, held on the ____day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 27.b Packet Pg. 964 Attachment: CD.Cannabis Fees.A1.Business Types Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review Attachment 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMERCIAL CANNABIS PERMIT APPLICATION REVIEW CRITERIA AND PROCEDURES PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 5.10.090. WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC- 1464, thereby adopting Chapter 5.10 (Commercial Cannabis Activities); and WHEREAS, City staff and HdL have considered all of the public comments, both written and oral, made during the drafting and development of the Commercial Cannabis ordinance along with best practices from other cities to develop the Application Review Criteria and Procedures; and WHEREAS, the Mayor and City Council desire to establish Application Review Criteria and Procedures from a policy perspective; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. The Mayor and City Council authorize the City Manager to prepare the necessary forms, application process, solicit applications, conduct initial evaluations of the applications, and to ultimately provide a recommendation to the Mayor and City Council regarding the highest rated Commercial Cannabis Business Permit applications for the City of San Bernardino. SECTION 3. The Commercial Cannabis Business application review criteria are as follows: A. Qualifications of Owners/Principals: Describe any special business or professional qualifications or licenses of the Owners/Principals that would add to the number or quality of services, such as scientific or health care fields. 27.c Packet Pg. 965 Attachment: CD.Cannabis Fees.A2.Application Review Criteria Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Attachment 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Location: The application should include the following: • Physical address and detailed description of the proposed/final location. • Proof of ownership, or a notarized letter of the owner’s willingness to lease and acknowledgement that property will be used for commercial cannabis business. • Description of all known nearby sensitive use areas. C. Neighborhood Compatibility Plan: The application should include the following: • Describe how the business, including its exterior areas and surrounding public areas, will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community. • Additional factors for consideration are religious facilities or libraries located within a six-hundred (600) foot radius of the proposed CCB. D. Environmental Impact Mitigation: Describe any proposed “green” business practices relating to energy and climate, water conservation, and materials and waste management. E. Local Enterprise: Describe to what extent the CCB will adhere to heightened pay and benefits standards and practices. Specific practices that are subject to consideration include the following: • Providing compensation to and opportunities for continuing education and training of employees/staff. • The application should state the extent to which the CCB will be a locally managed enterprise whose Owners/Principals reside within the City and/or within San Bernardino County. F. Business Plan: The Business Plan shall be as detailed as necessary to fully describe the operations, including: • Description of day-to-day operations. (See SBMC Section 5.10.310) • How the CCB will conform to local and state laws per SBMC Section 5.10.280 and SBMC Section 5.10.420 and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use. • How cannabis inventory will be tracked and monitored to prevent diversion. 27.c Packet Pg. 966 Attachment: CD.Cannabis Fees.A2.Application Review Criteria Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Attachment 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. • A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds. • Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets. • A pro forma for at least three years of operation. G. Enhanced Product Safety: Describe how the CCB will ensure enhanced consumer safety as required by State or local law. H. Safety Plan: The application should include the following: • A detailed safety plan. This plan should describe the fire prevention, suppression, HVAC and alarm systems the facility will have in place. It should include an assessment of the facility’s fire safety by a qualified fire prevention and suppression consultant. An appropriate plan will have considered all possible fire, hazardous material, and inhalation issues/threats and will have both written and physical mechanisms in place to deal with each specific situation. I. Security Plan: The application should include the following: • A detailed security plan. This plan should include a description and detailed schematic of the overall facility security. It should have details on operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, 3rd party contractor security, and delivery security. In particular, applications should address ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed. The security plan shall also include an assessment of site security by a qualified security consultant. Security plans will not be made public. 27.c Packet Pg. 967 Attachment: CD.Cannabis Fees.A2.Application Review Criteria Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Attachment 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • A floor plan showing existing building conditions. If changes are proposed as part of the project, then a proposed floor plan should also be submitted. The floor plan(s) should be accurate, dimensioned and to-scale (minimum scale of 1/4”). The scale maybe smaller if it exceeds more than a ½ acre parcel but must be printed on not larger than an 11 X 17 sheet of paper. J. Community Benefits: Describe the benefits that the CCB would provide to the local community, such as employment for local residents of the City, community contributions, or economic incentives to the City. Specific items that are subject to consideration include the following: • How does the type of license requested benefit the community and assure an appropriate mix of license types Citywide? • Does the applicant provide an effective community outreach plan for nearby owners and operators? • Does the applicant describe credible benefits to the overall community, local economy, and any community or non-profit contributions or affiliations? • Does the applicant propose to include one or more of the following business types: o Coffee Shop o Art Studio o Museum SECTION 4. The establishment of Review Criteria and Application Procedures under the Commercial Cannabis ordinance is exempt under California Environmental Quality Act (CEQA) and the CEQA Guidelines section 15061 (b)(3) and 15378. CEQA only applies to an activity with the potential for causing a significant effect on the environment. It can be seen that there is no possibility that this activity will have a significant effect on the environment and it is therefore exempt from CEQA. SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each 27.c Packet Pg. 968 Attachment: CD.Cannabis Fees.A2.Application Review Criteria Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Attachment 2 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 27.c Packet Pg. 969 Attachment: CD.Cannabis Fees.A2.Application Review Criteria Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Attachment 2 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMERCIAL CANNABIS PERMIT APPLICATION REVIEW CRITERIA AND PROCEDURES PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 5.10.090. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a _________ meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 27.c Packet Pg. 970 Attachment: CD.Cannabis Fees.A2.Application Review Criteria Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 1 Community Development Department - Planning Division Office: 201 North E Street, 3rd Floor Mail: 290 North D Street San Bernardino, CA 92401 P: (909) 384-7272 F: (909) 384-5155 www.sbcity.org Commercial Cannabis Business Permit Application Applications may be filed Monday through Thursday between the hours of 7:30 a.m. and 5:00 p.m. and Friday between the hours of 7:30 a.m. and 4:00 p.m. Project Address / Location: Assessor’s Parcel Number [APN]: Zoning District: General Plan Designation: APPLICANT NAME: Address: Phone: City: State: Zip Code: Email: PROPERTY OWNER NAME: Address: Phone: City: State: Zip Code: Email: APPLICATION TYPE: New Business Amended Application Business Renewal Change of Ownership COMMERCIAL CANNABIS BUSINESS PERMIT TYPE (Please select from one or more of the following categories): Cultivation Manufacturer Retailer Distribution Microbusiness Testing Lab DESCRIPTION OF PROJECT: OFFICE USE ONLY Date Filed: Previous Case: Case Number: Receipt Number: Fees: Submitted To: ATTACHMENT 3A27.d Packet Pg. 971 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 2 PROJECT INFORMATION FORM Property Information: Square footage of subject property: Square footage of building: Hours of operation (proposed): Total number of employees (proposed): Business Information: Business Name: Business Address: Website Address (if applicable): Business E-mail Address (if applicable): Community Relations Contact: Name: Phone: Title: Email: Environmental Information (Attach additional sheets as necessary): Describe how the proposed project complies with the requirements of the California Environmental Quality Act & CEQA Guidelines: Will any permits be required from agencies other than the City (including a Hazardous Materials Business Plan): Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or explosives: 27.d Packet Pg. 972 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 3 PROJECT INFORMATION FORM Other Required Information (Attach additional sheets as necessary): List any person(s) who will be engaging in the proposed commercial cannabis business that have been convicted of a felony or have engaged in misconduct that is substantially related to the qualifications, functions or duties of a commercial cannabis business activity. Please keep in mind that a conviction within this section means a plea or verdict of guilty, or a conviction following a plea of no contest: List whether, the applicant(s) has other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other licenses and or permits relating to similar business activities as in the permit application. If yes, please list the type, current status, issuing/denying for each license/permit: Provide the name and address of the closest school(s) to proposed business location: Provide the name and address of the closest existing alcohol related establishment(s) to proposed business location: Description of neighborhood around the proposed location (surrounding uses, nearby sensitive uses (such as schools, youth centers churches, parks, daycare centers, or libraries), transit access to site, etc.): 27.d Packet Pg. 973 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 4 APPLICATION SUBMITTAL REQUIREMENTS The following items shall be submitted with all applications (2 physical copies and 1 electronic copy): Copy of approved Zoning Verification Letter issued by the City Completed Application Form Filing Fee Site Plan (see below for requirements) Floor Plan (see below for requirements) Elevations (photographs may be provided) Photographs of existing site Area Map (see below for requirements) Business Owner(s) Background Information (see below for requirements) Supplemental Evaluation Criteria (see below for requirements) Mailing list identifying all owners of property located within 600 feet of the proposed business location Mailing labels identifying all owners of property located within 600 feet of the proposed business location Community Relations submittal requirement: Mailing Labels identifying all businesses and owners of property located within 100 feet of the proposed business location (Note: Incomplete applications will not be accepted) Business Owner(s) Background Information: (All owners, managers and supervisors of the proposed business shall provide the following information) Proof of submittal of Live Scan fingerprints to San Bernardino Police Department Photograph (2” x 2”) – 2 Sets Copy of valid government issued photo identification Copy of Social Security Card Proof of current address Supplemental Evaluation Criteria: (All information shall be provided as required in Application Procedure Guidelines for Commercial Cannabis Businesses) Air Quality Plan Environmental Impact Mitigation Plan Inventory Control and Storage Practices Local Enterprise Plan Neighborhood Compatibility Plan Quality Assurance Practices Safety and Security Plan Sustainable Business Practices Organizational Structure (Including all owners, managers and supervisors) of the proposed business Copy of Articles of Incorporation, by-laws, partnerships agreements, and/or other documentation identifying the Organizational Structure of the proposed business 27.d Packet Pg. 974 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 5 APPLICATION SUBMITTAL REQUIREMENTS Supplemental Evaluation Criteria (Continued): (All applicants proposing to establish a commercial cultivation business shall also provide the following information) Cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing a nd harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light) Description of a legal water source, irrigation plan, and projected water use Identification of the source of electrical power and plan for compliance with applicable Building Codes and other related codes Plan for addressing odor and other public nuisances that may derive from the cultivation site Site Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): North arrow, drawing scale, date of preparation and name of plan preparer Dimensions of subject property – including square footage Dimensions and names of all adjacent streets and public rights-of way Location and dimensions of all buildings and structures – including square-footage Location and dimensions of landscaped areas Location of all parking areas and driveways and means of ingress and egress Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs Location and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior walks Uses for all buildings and structures indicated on the site plan Floor Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): North arrow, drawing scale, date of preparation and name of plan preparer Location and dimensions for means of ingress and egress Square footage of all interior spaces Proposed uses of all interior spaces Area Map (shall contain a minimum of the following information): Location of subject property Location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the subject property Location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property The Area Map shall identify the existing uses of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property on the map All sets of plans must be collated and folded to a minimum size of 8.5” X 11” and a maximum size of 8.5” X 14” 27.d Packet Pg. 975 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 6 AUTHORIZATION FORM APPLICANT CERTIFICATION I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued. In addition, I understand that the filing of this application grants the City of San Bernardino permission to reproduce submitted materials, including but not limited to, plans, exhibits, and photographs, for distribution to staff, Commission, Board, and City Council Members, and other Agencies in order to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits and photographs for any purpose unrelated to the City's consideration of this application. Furthermore, by submitting this application I understand that agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of San Bernardino Municipal Code and state law. Name Signature Title Date 27.d Packet Pg. 976 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application (Draft) 04/04/2018 7 AUTHORIZATION FORM PROPERTY OWNER CONSENT If applicant is other than the property owner(s), the owner(s) must provide a signed and notarized statement consenting to filing pursuant to Section 5.10.240 of the City of San Bernardino Municipal Code. Additional sheets may be attached if necessary. Original signatures only. I/We, as the owner(s) of the subject property, consent to the filing of this application and use of the property for the purposes described herein. We further consent and hereby authorize City representative(s) to enter upon my property for the purpose of examining and inspecting the property in preparation of any reports and/or required environmental review for the processing of the application(s) being filed. Name Signature Title Date Subscribed and Sworn to Before Me This ______ Day of ____________, 20____, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public A notary public or other officer completing this certificate verifies only the identity of the induvial who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 27.d Packet Pg. 977 Attachment: CD.Cannabis Fees.A3A.Draft CCB Application (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Review DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 1 Community Development Department - Planning Division Office: 201 North E Street, 3rd Floor Mail: 290 North D Street San Bernardino, CA 92401 P: (909) 384-7272 F: (909) 384-5155 www.sbcity.org APPLICATION PROCEDURE GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS (CCB) Information regarding the commercial cannabis business application process can be found on the City’s website at www.sbcity.org and may include the following: •A Commercial Cannabis Business (CCB) Permit Application Form • Local regulations governing the CCBs: City of San Bernardino Municipal Code (SBMC) Chapter 5.10 •Live Scan form • Additional application information: Ordinance No. MC-1464. •Local Development Code – Title 19 The application process to operate a Commercial Cannabis Business (CCB) in the City of San Bernardino will open on April 23, 2018 and will close at 4:00PM on May 23, 2018.However, if all seventeen (17) licenses allowed under Chapter 5.10 (Commercial Cannabis Activity) are not issued during the first round of review, the City will open a second round of applications at a date to be determined.Applications are available at the Community Development Department located at 201 North E Street, San Bernardino, CA, 92401. For additional questions or information please contact the City Community Development Department at (909) 384 -7272. CITY’S RESERVATION OF RIGHTS The City reserves the right to reject any and/or all applications, with or without cause or reason. The City may also modify, postpone, or cancel the request for permit applications without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any candidate submitting an application. Late or incomplete applications MAY BE REJECTED. Furthermore, an application RISKS BEING REJECTED for the following reasons: 1.It is considered not fully responsive to this request for a permit application. 2.It contains excess or extraneous material not called for in the request for CCB permit application. AMENDMENTS TO THE APPLICATION Applicants may not be allowed to make amendments to their application or to supplement their application, except as otherwise specifically permitted in these procedures or authorized in writing by the City. During Phase 1, applicants will be notified if any of the Owners are ineligible and/or if their application is incomplete and may not move forward in the application process. However, in some cases the City may move forward in the application process to other phases should it anticipate that the Live Scan will take a significant amount of time to be returned to the City. In this case, Applicants wishing to move forward in the process acknowledge by signing the application that they agree to these terms and should they Attachment 3B27.e Packet Pg. 978 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 2 be disqualified as a result of a background or a Live Scan, they will not be eligible for a refund of any fees collected resulting from the modification of this procedure. PLEASE READ CAREFULLY BEFORE COMPLETING THE APPLICATION. FAILURE TO SUBMIT A COMPLETE APPLICATION COULD RESULT IN DISQUALIFICATION. The following procedures outline the application evaluation and selection process, required materials, and other information necessary to apply for a business permit to participate in the selection process to operate a CCB in San Bernardino: Prior to submitting a CCB application: (Fee: $183.00) Zoning Verification Letter (ZVL) application o The Business Owner must obtain an approved Zoning Verification Letter (ZVL) from the Community Development Department, located at 201 North E Street, prior to submitting a CCB application, to ensure that the proposed CCB location meets the City’s locational requirements. The City’s review process for the ZVL takes approximately ten (10) working days. The ZVL requires a written request to the Community Development Department and will not be completed over the counter since it may require additional research and review. o The issuance of a ZVL does not imply written evidence of permission given by City or any of its officials to operate a CCB, nor does it not mean “PERMIT” within the meaning of the Permit Streamlining Act, nor does it constitute an entitlement under the Zoning or Building Code. A regulatory permit for the purpose of regulating a CCB does not constitute a permit that runs with the land on which the CCB is established. Phase 1: Application Submittal and Determination of Eligibility (Fee: $2,647 + $300 Background Check per Business Owner + $132 LiveScan per Business Owner) An approved Zoning Verification Letter from the Community Development Department stating that the property where the CCB is proposed to operate complies with the locational requirements of SBMC Chapter 5.10. Indemnification Agreement o Applicant executes an agreement indemnifying the City from liability. Live Scan/Criminal History Check (The Live Scan/Background fee must be submitted along with the Phase 1 application fees) o Each Business Owner as described in SBMC Section 5.10.050 (an) must undergo a Live Scan and criminal history check demonstrating compliance with the eligibility requirements of SBMC Section 5.10.310 (m) for background checks. The Live Scan process involves submitting fingerprints to the DOJ/FBI to review for criminal offender record information (CORI). CORI reports will be provided to 27.e Packet Pg. 979 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 3 City for the sole purpose of determining eligibility for operating a CCB. Owners/Principals who do not meet criminal history eligibility requirements will be disqualified. o Please note the Live Scan process may be delayed due to the pending of the approval of the DOJ/FBI authorization. Once the City has received authorization they will post the Live Scan submittal due date on the City website. Furthermore, the Live Scan must be conducted by the San Bernardino Police Department (SBPD). Applicants will be required to make an appointment in advance to ensure the proper SBPD staff is available. Due to limited staff resources, you are encouraged to schedule your appointment as early as possible once the due date has been posted on the City website. The City cannot guarantee that it will be able to accommodate applicants who do not submit for LiveScan and Background after the application period opens on April 23, 2018. Failure to pass the LiveScan or Background Check in a timely manner may result in the application being disqualified. Applications and Background Check Form(s) (Applications must be complete to be considered. Applications will be considered complete only if they include all information required above): o A complete application will consist of the following: 1.Complete, signed copy of the Commercial Cannabis Business Permit Application Form; 2.Complete, signed Cannabis Permit Employee/Owner Background Application for each of the Owners/Principals; 3.Proof of Live Scan fee payment for each of the Owners/Principals; 4.Zoning Verification Letter 5.All supplemental information to be evaluated in Phases 1, 2 and 3, as described in APPENDIX A. o Applicants must submit two (2) original copies of the complete application, each in a three-ring binder; one (1) copy of the complete application in PDF format on an electronic device (i.e. flash drive or cd)with the associated Phase 1 fee. Payment must be made by credit card or certified check, cashier’s check, or money order made payable to “City of San Bernardino”. The City will not accept cash and application fees are non-refundable. o Only the following information may be submitted after the initial application is received: Proof of property ownership or lease agreement. Should the Business Owner change locations after the application binder is submitted, a new ZVL is required and must be submitted with the application binder prior to Phase 3 of the selection process. Business Owners may only submit a different location if the initial proposed site was eligible. o International background check info: ITIN or US issued Social Security Number and Driver’s License. o Fill out background waiver form. 27.e Packet Pg. 980 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 4 Phase 2: Application Evaluation and Initial Ranking (1,500 Points) (Fee: $2,034) Applications will be evaluated and ranked by HdL Companies based on the below criteria. Please see APPENDIX A for a description of the evaluation criteria. o Location (200 Points) o Business Plan (400 Points) o Neighborhood Compatibility Plan (300 Points) o Safety Plan (300 Points) o Security Plan (300 Points) Those applicants which successfully complete Phase 2 with a passing score of at least 80% will move on to Phase 3 of the application process. However, at no time will the total number of eligible applicants moving on to Phase 3 exceed more than thirty-four (34) eligible applicants. Phase 3: Interviews and Second Ranking (2,500 Points) (Fee: $1,708) Those applicants which meet the requirements to move on to Phase 3 will be interviewed and evaluated by the City’s Selection Committee. Prior to the scheduling of interviews: Each of the Applicants may be required to have their proposed site inspected by the assigned City designee, if there is an existing building structure, to ascertain current conditions of the facility. At the City’s sole discretion, one Owner/Principal from each application may be required to pass a Cannabis Expertise Examination that demonstrates a working knowledge of state and local compliance standards as well as the Attorney General’s Guidelines on Medicinal Cannabis. Please see APPENDIX A for a description of the evaluation criteria. o Applicant will be interviewed and evaluated based on the below criteria Qualifications of Principals (300 Points) Location (proof of ownership or a signed and notarized statement of intent from the Property Owner) (200 Points) Neighborhood Compatibility Plan (200 Points) Environmental Impact Mitigation (300 Points) Local Enterprise (400 Points) Business Plan (300 Points) Enhanced Product Safety (200 Points) Safety Plan (150 Points) Security Plan (150 Points) Community Benefits (300 Points) After all Phase 3 scores have been tabulated, they will be combined with Phase 2 scores to establish an overall ranking of the applications. The top 17 applications will move on to Phase 4 of the selection process. 27.e Packet Pg. 981 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 5 Phase 4: Public Meeting and City Council Final Selection (Fee: $1,237) Public Meeting o The top 17 applications will be expected to participate in a public meeting to be held in the City Council Chambers on a date and time to be determined by City staff. At the public meeting, the community will be allowed to present concerns and/or support and inform City staff of potential concerns for which a condition(s) may be necessary to address. The public meeting will not determine which applicants receive permits. o A notice of public meeting must be provided pursuant to 5.10.180 (c). Notices shall be sent to all property owners located within six hundred (600) feet of the proposed business locations of each of the top finalists. The cost of providing this notification will be paid by the applicants as part of the Phase 4 fee. Selection Committee Final Review and Evaluation o After the completion of the public meeting and prior to the Selection Committee’s final recommendation to City Council, the City reserves the right to request and obtain additional information from any candidate who applied. The Selection Committee’s decisions, recommendations, and conditions will be based primarily on onsite inspection results, business feasibility, and the viability of the proposed location. Selection Committee Recommendation to City Council o Following an objective ranking of the application materials, interview process, and upon completion of the public meeting, the City Manager shall prepare a report bringing forward to the City Council the Selection Committee’s recommendations for the final ranking of the applications. Mayor and City Council Final Selection o Mayor and City Council will review the Selection Committee’s recommendations and decide which applications will receive CCB permits. Top applicants should be prepared to attend a Mayor and City Council meeting if requested by the City Manager in case the Mayor and/or City Council has any additional questions before making the final decision. o Being awarded a CCB permit does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for any and all construction including electrical, plumbing, fire, planning permits or reviews, and any other permits, licenses, or reviews as may be necessary by the relevant departments or governmental entities in charge of said permits. Nor does it guarantee that the plans submitted via the CCB application process meet the standards or requirements of those permitting departments. All permit awardees will still be required to complete all the permitting processes for the proposed construction or occupation of the facility. 27.e Packet Pg. 982 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 6 APPENDIX A DESCRIPTION OF EVALUATION CRITERIA Qualifications of Owners/Principals: Describe any special business or professional qualifications or licenses of the Owners/Principals that would add to the number or quality of services, such as scientific or health care fields. Location: The application should include the following: •Physical address and detailed description of the proposed/final location. •Proof of ownership, or a notarized letter of the owner’s willingness to lease. •Description of all known nearby sensitive use areas. Neighborhood Compatibility Plan: The application should include the following: Describe how the business, including its exterior areas and surrounding public areas, will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community. •Additional factors for consideration are religious institutions or libraries located within a six-hundred (600) foot radius of the proposed CCB. Environmental Impact Mitigation:Describe any proposed “green” business practices relating to energy and climate, water conservation, and materials and waste management. Local Enterprise:Describe to what extent the CCB will adhere to heightened pay and benefits standards and practices. Specific practices that are subject to consideration include the following: •Providing compensation to and opportunities for continuing education and training of employees/staff; •The application should state the extent to which the CCB will be a locally managed enterprise whose Owners/Principals reside within the City and/or within San Bernardino County. Business Plan: The Business Plan shall be as detailed as necessary to fully describe the operations, including: •Description of day-to-day operations.SBMC Section 5.10.310. •How the CCB will conform to local and state laws per SBMC Section 5.10.280 and SBMC Section 5.10.420 and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use. •How cannabis inventory will be tracked and monitored to prevent diversion. •A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. •A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds. •Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets. •A pro forma for at least three years of operation. Enhanced Product Safety: Describe how the CCB will ensure enhanced consumer safety as required by State or local law. Safety Plan: The application should include the following: •A detailed safety plan. This plan should describe the fire prevention, suppression, HVAC and alarm systems the facility will have in place. It should include an assessment of the facility’s fire safety by a qualified fire 27.e Packet Pg. 983 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business Permit Application Procedure Guideline Public Review Draft – April 4, 2018 04/2018 7 prevention and suppression consultant. An appropriate plan will have considered all possible fire, hazardous material, and inhalation issues/threats and will have both written and physical mechanisms in place to deal with each specific situation. Security Plan: The application should include the following: • A detailed security plan. This plan should include a description and detailed schematic of the overall facility security. It should have details on operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, 3rd party contractor security, and delivery security. In particular, applications should address ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed. The security plan shall also include an assessment of site security by a qualified security consultant. Security plans will not be made public. • A floor plan showing existing building conditions. If changes are proposed as part of the project, then a proposed floor plan should also be submitted. The floor plan(s) should be accurate, dimensioned and to- scale (minimum scale of 1/4”). The scale maybe smaller if it exceeds more than a ½ acre parcel but must be printed on not larger than an 11 X 17 sheet of paper. Community Benefits: Describe the benefits that the CCB would provide to the local community, such as employment for local residents of the City, community contributions, or economic incentives to the City. Specific items that are subject to consideration include the following: • How does the type of license requested benefit the community and assure an appropriate mix of license types Citywide? • Does the applicant provide an effective community outreach plan for nearby owners and operators? • Does the applicant describe credible benefits to the overall community, local economy, and any community or non-profit contributions or affiliations? • Does the applicant propose to include one or more of the following business types: o Coffee Shop o Art Studio o Museum 27.e Packet Pg. 984 Attachment: CD.Cannabis Fees.A3B.Draft CCB Application Procedures (5475 : Adopt Resolutions for Commercial Cannabis Business Types, DRAFTCommercial Cannabis Business – Zoning Verification Letter (Draft) 04/04/2018 1 Community Development Department - Planning Division Office: 201 North E Street, 3rd Floor Mail: 290 North D Street San Bernardino, CA 92401 P: (909) 384-7272 F: (909) 384-5155 www.sbcity.org Commercial Cannabis Business – Zoning Verification Letter Applications may be filed Monday through Thursday between the hours of 7:30 a.m. and 5:00 p.m. and Friday between the hours of 7:30 a.m. and 4:00 p.m. This form is to ensure the location of the proposed Commercial Cannabis Business meets the City of San Bernardino MC§ 5.10.025 relating to zoning and locational requirements. The review process takes approximately ten (10) working days and will not be completed over the counter. The issuance of this Zoning Verification Letter does not imply written evidence of permission, of a permit or entitlement, given by the City of San Bernardino or any of its officials to operate a Commercial Cannabis Business. *Only one (1) business location will be reviewed per request * APPLICANT NAME: Project Address / Location: Assessor’s Parcel Number [APN]: Zoning District: SUBMITTAL REQUIREMENTS Area Map (shall contain a minimum of the following information): Location of subject property Location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the subject property Location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property One copy of the Area Map shall identify the existing uses of all lots and parcels of land on the map PREFERED METHOD TO RECEIVE DETERMINATION: Mailing Address: City: State: Zip Code: Email Address: Phone Number: Signature Date OFFICE USE ONLY Date Filed: Previous Case: Case Number: Receipt Number: Fees: Submitted To: ATTACHMENT 427.f Packet Pg. 985 Attachment: CD.Cannabis Fees.A4.Draft Zoning Verification Letter (ZVL) (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 5 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMERCIAL CANNABIS APPLICATION REVIEW AND APPEAL FEES PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTIONS 5.10.090 AND 5.10.160. WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC- 1464, thereby adopting Chapter 5.10 (Commercial Cannabis Activities); and WHEREAS, a Notice of Public Hearing to adopt fees was published as a display advertisement in The Sun, a newspaper of general circulation within the City of San Bernardino, on March 23, 2018 and March 30, 2018, as required under Government Code Section 66016; and WHEREAS, City staff and HdL analyzed the process and procedures necessary for the review of Commercial Cannabis Applications and Appeals of Applications to determine an average cost to complete the work; and WHEREAS, the Mayor and City Council desire to establish the fees contained in this Resolution, which are based upon the best information available such that the City fully recovers the cost of the service. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. The fees for providing services related to the review, evaluation and final disposition of Commercial Cannabis Applications, pursuant to San Bernardino Municipal Code Chapter 5.10, including any Appeal of that decision, are set forth in the attached Exhibit A. SECTION 3. The fees are for services provided and are therefore nonrefundable. Furthermore, cash payment shall be accepted. 27.g Packet Pg. 986 Attachment: CD.Cannabis Fees.A5.Review and Appeal Fees Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 5 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The establishment of Fees and Charges related to the provision of City services is an exempt activity under the California Environmental Quality Act (CEQA) and the CEQA Guidelines section 15273 (a)(1) (Rates, Tolls, Fares and Charges). SECTION 5. The Fees and Charges established herein shall become effective 60 days following adoption of the resolution, pursuant to Government Code Section 66017. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// /// 27.g Packet Pg. 987 Attachment: CD.Cannabis Fees.A5.Review and Appeal Fees Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 5 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMERCIAL CANNABIS APPLICATION REVIEW AND APPEAL FEES PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTIONS 5.10.090 AND 5.10.160. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______ meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 27.g Packet Pg. 988 Attachment: CD.Cannabis Fees.A5.Review and Appeal Fees Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 5 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A COMMERCIAL CANNABIS APPLICATION REVIEW AND APPEAL FEES PURSUANT TO SBMC CHAPTER 5.10 Service Provided: Required Fee: 1. Zoning Verification Letter $183.00 2. Live Scan $132.00/Owner (SBMC 5.10.050) 3. Background Review $300.00/Owner (SBMC 5.10.050) 4. Commercial Cannabis Application Review a. Phase 1 $2,647.00 b. Phase 2 $2,034.00 c. Phase 3 $1,708.00 d. Phase 4 $1,237.00 5. Appeal Fee $3,217.00 All fees are non-refundable and are due and payable at the time the application or similar request is submitted to the City. 27.g Packet Pg. 989 Attachment: CD.Cannabis Fees.A5.Review and Appeal Fees Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 6 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A PERSONAL CULTIVATION IN PRIVATE RESIDENCE FEE PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 8.99.040(C) WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC- 1466, thereby adopting Chapter 8.99 (Personal Cultivation of Cannabis with Private Residence); and WHEREAS, a Notice of Public Hearing to adopt fees was published as a display advertisement in The Sun, a newspaper of general circulation within the City of San Bernardino, on March 23, 2018 and March 30, 2018, as required under Government Code Section 66016; and WHEREAS, City staff and the consultant analyzed the process and procedures necessary for the registration and inspection of Personal Cultivation in Private Residence to determine an average cost to complete the work; and WHEREAS, the Mayor and City Council desire to establish the fees contained in this Resolution, which are based upon the best information available such that the City fully recovers the cost of the service. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. The fee for providing services related to the registration and inspection of for Personal Cannabis Registration pursuant to San Bernardino Municipal Code Chapter 8.99 is $72.00 annually. 27.h Packet Pg. 990 Attachment: CD.Cannabis Fees.A6.Personal Cultivation Fee Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 6 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. The establishment of Fees and Charges related to the provision of City services is an exempt activity under the California Environmental Quality Act (CEQA) and the CEQA Guidelines section 15273 (a)(1) (Rates, Tolls, Fares and Charges). SECTION 4. The Fees and Charges established herein shall become effective 60 days following adoption of the resolution, pursuant to Government Code Section 66017. SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// /// /// /// /// /// /// /// /// /// /// 27.h Packet Pg. 991 Attachment: CD.Cannabis Fees.A6.Personal Cultivation Fee Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, Attachment 6 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A PERSONAL CULTIVATION IN PRIVATE RESIDENCE FEE PURSUANT TO SAN BERNARDINO MUNICIPAL CODE CHAPTER 8.99 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ________ meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: ___________________________________ 27.h Packet Pg. 992 Attachment: CD.Cannabis Fees.A6.Personal Cultivation Fee Resolution (5475 : Adopt Resolutions for Commercial Cannabis Business Types, CITY OF SAN BERNARDINO PERSONAL CULTIVATION of CANNABIS PERMIT APPLICATION RETURN THIS FORM TO: 201 NORTH “E” STREET 1st Floor SAN BERNARDINO, CALIFORNIA 92401 TELEPHONE: (909) 384-5302 OR: (909) 384-5035 WEBSITE: WWW.SBCITY.ORG At the General Election held on November 8, 2016, California voters approved Proposition 64, commonly known as the “Control, Regulate and Tax Adult Use of Marijuana Act” (“AUMA”), making it lawful for persons “…21 years of age or older to…possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by th e plants” (Health & Saf. Code, § 11362.1(a)) subject to “reasonable regulations” enacted and enforced by the City. (Health & Saf. Code, § 11362.2(b)(1)). APPLICANT INFORMATION (Type or print in ink) Full Legal Name Driver’s License No. Issuing State Residence/Cultivation Address City State Zip Length of Residence at Current Address: Applicant Date of Birth Number of Individuals living at property? Number of individuals under the age of 18 living at the property? Number of Plants being Cultivated? Have you ever used another name? ☐No ☐Yes If yes – Please list the names Do you own or rent the above referenced property? ☐ Own ☐Rent If the applicant is renting the property please provide the name of the property owner: Contact Phone No. for the owner Name of Property Management Company (if applicable)? Property Management Phone Number PLEASE READ AND SIGN: I DECLARE, UNDER THE PENALTY OF PERJURY, THAT I WILL FULLY COMPLY WITH THE CITY OF SAN BERNARDINO MUNICIPAL CODE CHAPTER 8.99 AND THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE, CORRECT AND COMPLETE STATEMENT OF FACTS. I UNDERSTAND FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE DENIAL OF A PERSONAL CULTIVATION OF CANNABIS PERMIT. Print Name Signature Date Office Use Only Reviewed by:Permit issuance recommendation ☐ Granted ☐ Denied Date Approved by: Date ATTACHMENT 7 27.i Packet Pg. 993 Attachment: CD.Cannabis Fees.A7.Draft Personal Cannabis Cultivation Form (5475 : Adopt Resolutions for Commercial Cannabis Business Attachment 8 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN APPLICATION TO AUTHORIZE ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, VOLUNTEERS, CONTRACTORS, LICENSING, OR CERTIFICATION PURPOSES WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC- 1464, thereby adopting Chapter 5.10 (Commercial Cannabis Activities); and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts, and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject or record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the City Council, Board of Supervisors, governing body of a city, county, or district or joint powers authority to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF SAN BERNARDINO, CALIFORNIA SECTION 1. The City Manager, or her designee, is hereby authorized to access state and federal level summary criminal history information for employment, including volunteers and contract employees of commercial cannabis businesses, licensing and certification of commercial cannabis business operations including cultivation, transportation, distribution, testing, manufacturing and retail activities and may not disseminate the information to a private entity. 27.j Packet Pg. 994 Attachment: CD.Cannabis Fees.A8.Authorize Access to Criminal History Resolution (5475 : Adopt Resolutions for Commercial Cannabis Attachment 8 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AUTHORIZATION TO ACCESS STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, VOLUNTEERS, AND CONTRACTORS, LICENSING OR CERTIFICATION PURPOSES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______ meeting thereof, held on the day of , 2018, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _______________________________ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____day of _____________, 2018. ________________________________ R. CAREY DAVIS, Mayor Approved as to form: City of San Bernardino Gary D. Saenz, City Attorney By: __________________________________ 27.j Packet Pg. 995 Attachment: CD.Cannabis Fees.A8.Authorize Access to Criminal History Resolution (5475 : Adopt Resolutions for Commercial Cannabis